First information is construed as the earliest communication or intimation of crime to the state agency, to set it in motion to under take investigation. Such information irrespective of its brevity or length has to convey the relevant information pertaining to the nature and place of occurrence including description of victim of violence.
The object of section 154 of Cr.P.C. is two fold; from the point of view of information its objection is to set the criminal law in motion, from point of view of investigation it’s to collect evidence for tracing and bringing the culprits to justice.
Essential ingredients of FIR:
Commission of cognizable of fence shall be reduced to writing signed by person giving this information substance shall be entered in book.
Prior to registration of FIR, a report in daily diary of police station is recorded. Number, time and date of such report are specially mentioned in column 1 of FIR. Another report is entered after FIR is recorded and is allocated an independent number in the register.
Who can lodge an FIR?
Machinery of law can be set in motion by any person who need not necessary be a resident of locality where an offense takes place.
Evidentiary value of FIR
FIR is not a sacrosanct or substantive piece of evidence and is only information to put machinery of law into motion However, at the same time it certainly furnishes a clue to possible truth of the allegation against the accused, as it is the earliest version of the prosecution case. In case of false FIR section 182 of Cr.P.C. deals with punishment.
Supplementary statement is recorded u/s 161 Cr.P.C. is not signed or thumb marked. Supplementary statement cannot be considered as part or read as part of FIR. No provision exists in the criminal procedure code about the supplementary statement which is always recorded in order to fill the lacuna in prosecution case.
Delay becomes a secondary factor if eye-witness account coupled with medical evidence inspires confidence. When explanation for delay in giving the FIR is satisfactory the delay is not a material significance.
Second FIR is not barred in appropriate cases disclosing cognizable offense, partially the cases of counter version. Registration of second FIR embodying the counter version of case is neither legally barred nor can such an FIR be refused to be registered.
Instances where FIR can be quashed:
- Lawful marriage between adults.
- Matter of civil nature.
- Evidence not sufficient
Following are remedies against FIR, section 169, 551, 63,190,249-A and 265-K Cr.P.C.