EVIDENTIARY VALUE OF
FIR
SUBMITTED BY: SUBMITTED TO:
Mahima Choudhary Mr Vaibhav Shrivastava
LLB (HONS.) Sir
SEM -2
2
ACKNOWLEDGEMENT
I Mahima Choudhary from LLB (Hons.) 2nd Sem. take this opportunity to express my
sincere gratitude to Mr Vaibhav Shrivastava Sir for his valuable time, guidance, support and
encouraging words during the duration of this project. I would also like to thank my fellow
classmates and friends who helped me in obtaining the valuable resources that I required
for the completion of this project.
3
CONTENTS
INTRODUCTION ................................................................................................................................ 4
ESSENTIALS OF FIR ............................................................................................................................ 4
SECTION 154 OF THE CrPC................................................................................................................ 5
CONTENTS OF AN FIR ....................................................................................................................... 7
WHERE IS AN FIR LODGED ................................................................................................................ 8
OBJECT OF AN FIR ............................................................................................................................. 8
EVIDENTIARY VALUE OF FIR: ............................................................................................................ 8
SUPPORTING CASE LAWS: ................................................................................................................ 9
CONCLUSION .................................................................................................................................. 11
4
INTRODUCTION
In layman’s words, First Information Report (FIR) is the knowledge or information of
any occurrence especially related to crime or the subjects which are either restricted or
prohibited by law. The term FIR is not defined anywhere in our law but Section 154 and 155
of CrPC talks about the cognizance of any information related to cognizable offenses and
non-cognizable offenses respectively. The purpose of FIR is to bring the law into action of
cognizance of any offence, and with cognizance, it is the duty of the state to offer redressal to
the victim and protect society from such offences.
The statements made in the FIR are not privileged ones. They do not enjoy immunity.
The prosecution can be launched for defamatory statements in the FIR. If there is a difference
between FIR and the version narrated in the Court, it is always a matter of gave suspicion to
the Court. The FIR is a document and had to be proved like any other document. FIR is not a
substantive piece of evidence. Therefore, even if the written report filed has not been duly
proved the prosecution case will not fail on that ground alone and the court has to consider
the substantive evidence which has been adduced by the prosecution.
The Evidentiary Value of FIR must always depend on the facts and circumstances of a
given case. In Asharam & Anr. V State of M.P. the Apex Court held that we do not find any
merit in the contentions made in this case. According to the trial court, the foundation of the
investigation was not proved and, therefore all the accused were entitled to acquittal. In this
connection, the main circumstance on which the trial court relied upon is ante-timing of the
FIR. It is well settled that an FIR is not a substantive piece of evidence. It cannot contradict
the testimony of the eye witnesses even though it may contradict its maker.
ESSENTIALS OF FIR
(a). that the information should be the first in point of time;
(b). it should be an information definite and responsible and not merely rumour or village
gossip or hearsay of an indefinite variety;
5
(c). It must have been given to an officer-in-charge of a police station;
(d). it should be the information which set the police on their investigation in the particular
case;
(e). it should be the information which set the police on their investigation in the particular
case;
(f). is should be given in writing or should be reduced to writing;
(g). it should have been read over to the person who made it and it should be signed by such
person;
(h). it should be entered in a book kept for the purpose.
SECTION 154 OF THE CrPC
Section 154 CrPC talks about information provided on cognizable cases. Though Section
154 of the CrPC doesn’t talk about FIRs specifically it does provide the police a statutory
power to write a FIR and investigate the matter and for which they do not need to take the
permission of the court.
SUB-CLAUSES OF SECTION 154 OF THE CrPC
There are 3 sub-clauses mentioned under this section which states as follows: -
1. As mentioned above an FIR contains information about a cognizable offence, this
sub cluse deals with the verbal and non-verbal communication between the
informant and the police officer.
If the information is given in a written format, then all the officer needs to do is
record the same in his station diary however, if the information is given to him/her
in an oral form then he/she needs to reduce the same into a written form and then
read the same out to the informant and then finally take the signature of the
informant and then record it into the station diary.
6
2. Sub-cluse 2 states that a copy of the information recorded must be given to the
informant and this copy should be given free of cost.
3. The third sub-cluse states that in case any officer-in-charge or police station refuses to
report the information then the informant can send, in writing, the said information (as
mentioned in sub-cluse one) to the Superintendent of that police station.
Furthermore, in the situation where the information give was that of a cognizable offence
then that officer must investigate the case himself/herself or direct an investigation to be
made by any other police officer who is subordinate to him/her. In the scenario where the
officer directs one of his/her subordinate to investigate the case, then the subordinate officer
would then, in the manner provided in this code, have all the powers of an officer-in-charge
would have in relation the that case and that police station.
SOME RELATED CONCEPTS
Cognizable and Non-Cognizable Offences: -
Cognizable Offences are those offences that are more serious in nature, like that of rape,
murder, dowry death etc. For such offences arrests can be made without a warrant and the
investigation can take place without the court’s permission (as this process of asking
permission can cause a delay as it might take time to get). Moreover, an FIR can be launched
for such offences.
Non-Cognisable Offences, on the other hand, are those offences that are not so serious in
nature like that of assault and defamation. In such cases a warrant is needed for an arrest and
investigation can only take place after the court gives permission for the same. For such cases
an FIR is not needed.
Information and Complaint: -
The words ‘Information’ and ‘Complaint’ are often seen as the same though it is not. A
complaint is given/made to a magistrate and is examined with oath whereas information is
given to a police officer and is not examined by oath.
A police officer, unlike that of a magistrate, exercises discretionary powers. This means
that once a complaint is made to the magistrate, they have to act upon the complaint whereas
a police officer based on elements like not enough serious grounds available, seriousness of
the case or not enough grounds to investigate can decide to not act upon the information
given to them. If a magistrate decides to not act on a complaint and decides to dismiss it,
he/she must, in writing, the reasons why he/she dismissed the complaint however if a police
7
officer decides to dismiss the information given then he/she doesn’t have to mention the
reasons in written.
Lastly, a complaint given to the magistrate is a prayer for prosecution in which the
details of the offence may or may not be given whereas information given to the police has
details of the offence.
CONTENTS OF AN FIR
The contents of an FIR can also be denoted as the 11 W’s
I. WHAT information has come – the details of the cognizable case but be very
detailed and clearly spelled out.
II. In WHAT capacity did the informant report – is he/she a victim, a witness or
the accused.
III. WHO committed the crime – it is imperative that the details of the accused
must be give, information like the name and description must be given. (If the
informant knows and knowingly hides the name of the accused then, during the
enquiry, a proper explanation for the same must be given)
IV. Against WHOOM has the crime been committed – name and details of the
victim must be given.
V. WHEN – when did the offence take place. This includes details like the time.
VI. WHERE - Details like the place and address of where the offence had taken
place must be given.
VII. WHY – if the informant knows then the reason why the offence took place, the
intention or the motive must be given.
VIII. WHICH WAY – this includes details of how the crime was committed.
IX. WITNESS – here all the details of all the witnesses must be given. (Here again,
if any detail about any witness is knowingly hidden or later on added then the
informant will be answerable for the same)
X. WHAT was taken away – includes the details of the list of stolen property.
XI. WHAT traces were left behind by the accused – this includes details about
any clue or any hint that was left behind by said accused person.
8
WHERE IS AN FIR LODGED
The territorial jurisdiction in which the crime has been committed is the area in which the
related FIR should be lodged.
However, the Supreme Court also has mentioned that one can also file an FIR in another
police station outside of that territorial jurisdiction, under the concept of ZERO FIR.
OBJECT OF AN FIR
The importance of time, it is of utmost importance to lodge a report to the police as soon
as possible due to various factors like that of early commencement of investigation, tracking,
authenticity of information, remembering small factors etc. If there is a delay in the FIR and
such a delay cannot be explained or be backed with a proper reason then the FIR would lose
its authenticity. This also prevents the possibilities of any manipulation or any calculated
embellishments in the statement.
Furthermore, an FIR is not a substantive piece of evidence, which basically means that
the statement alone cannot be used as evidence, it merely is to corroborate the statement of
the maker. It only helps in the proceeding of further investigations. It also, and most
importantly, sets the process of criminal justice in motion.
EVIDENTIARY VALUE OF FIR:
As I’ve mentioned above, FIRs cannot be taken as substantive pieces of evidence. This is
because these statements are not taken under oath and hence can be fabricated, manipulated
and tainted moreover, these statements do not get cross-exanimated in courts and are not
made during the proceedings or during trial.
Yet however, FIRs do possess evidentiary value than other statements in reference with
cognizable cases because they first and foremost corroborate the statements made by the
informant and also help to cross-examine the informant. They also, in scenarios where the
case prolongs for too long or due to any other reason if the informants start to forget any
detail it, then refreshes their memory. They also act as an excellent measure to judge the
9
creditworthiness of the informant and lastly helps ascertain the information related to the
happening of an offence.
An FIR can be considered as substantial evidence only in the following scenarios: -
Firstly, when the declaration is made by the person who is dead. Secondly, when the incident
took place in the presence of Station House Officers and the injured person makes the
statement to the officer, and lastly when the informant doesn't remember the facts but is
certain about the facts stated within the FIR.
CORROBORATIVE VALUE OF AN FIR:
An FIR can have corroborative value under Section 157 of the Indian Evidence Act, 1872 in
the sense that it could be used to contradict the informant under Section 145 of the Indian
Evidence Act, 1872.
Section 157 of the Indian Evidence Act, 1872 states that to be corroboration of any sort, the
previous statement must disclose an equivalent fact or the time. It must be presented before
any authority having the legal competence to research the actual fact and also be proved
within the court.
Section 145 of the Indian Evidence Act, 1872 refers to the method in which one can
contradict the witness during the cross-examination using their written statements.
SUPPORTING CASE LAWS:
1. State Of Andhra Pradesh vs Punati Ramulu and Others on 19 February, 1993
Citations: AIR 1993 SC 2644, 1993 CriLJ 3684, 1994 Supp (1) SCC 590
In this case, a constable refused to write down a complaint on the basis that the area in
which the crime had taken place was not under the territorial jurisdiction of his police
station.
The Supreme Court held that, the refusal of recording a complaint amounts to the
dereliction of duty (which means to neglect one’s duties), because any lack of jurisdiction
would not have prevented the constable from recording the complaint.
10
It should also be noted that a message sent via phone call to a police officer and if said
police officer records the same in his/her station diary and it is regarding the information
on a cognizable offence then this would also amount to an FIR.
2. Sevi And Anr. vs State of Tamil Nadu and Anr. on 3 March, 1981
Citations: AIR 1981 SC 1230, 1981 CriLJ 736, 1981 Supp (1) SCC 43
It was in this case where the Supreme Court held that the original FIR was suppressed by
the police officer and a fake FIR had been substituted. When the FIR book or general
diary had been asked for by the court the police officer was unable to produce the same.
This created suspicion. (The police officer had hence asked to give sufficient
clarifications.)
3. Rajinder Singh Katoch vs Chandigarh Administration & Ors on 12 October,
2007
CASE NO.: Appeal (crl.) 1432 of 2007
It was held under this case that a police officer is legally bound, as a mandatory duty, to
register an FIR. Moreover, if the information given is in line with section 154 of the
CrPC, i.e it is of a cognisable offence, then the police officer can start the investigation
WITHOUT obtaining any permission of the magistrate.
4. The State Of Punjab vs Gurmit Singh & Ors on 16 January, 1996
Citations: 1996 AIR 1393, 1996 SCC (2) 384
Under this case it was held that it is okay and completely justified to report sexual
offences delayed, as it is understandable how such a sensitive matter would amount to
slower and more though-out decision making by the victim and the victim’s family.
5. State Of Punjab vs Karnail Singh on 14 August, 2003
The court accepted the delay in the reporting of the FIR under this case because of the
valid reason that the police station was far and it was not safe for them to travel to the
police station as the murder happened at night and was due to terrorism activities that
were taking place in that area at that time.
6. Sahib Singh vs State Of Haryana on 28 July, 1997
It was held under this case that the deliberate delay in lodging a complaint can be fatal.
11
7. State Of Haryana And Ors vs Ch. Bhajan Lal And Ors on 21 November, 1990
Citations: 1992 AIR 604, 1990 SCR Supl. (3) 259
Under this case it was held that if information has been given via phone call and IT IS
NOT reduced into writing and signed by the informant then it can not be considered as an
FIR.
8. Apren Joseph Alias Current Kunjukunju vs The State Of Kerala on 1
September, 1972
Citations: 1973 AIR, 1 1973 SCR (2) 16 The court held that it is the totality of the
evidence that matters when it comes to deciding the case and the FIR is only one
piece of such a collection of evidences.
CONCLUSION
An FIR depending on the situation can prove to be highly valuable and case changing
however it can also prove to have very little value.Now if we look it through the point of
view that it is highly crucial and holds a lot of evidentiary value then it can easily be
considered asa vital piece of evidence in any trial either for the aim of evidence or for
contradicting witnesses.It then becomes necessary that such reportsbe recorded
irrespective of the circumstances andit’s the duty of the officer to initiate the investigation
as soon as the information is received. Moreover, when we look into the evidentiary value
of an FIR, we find the statements recorded by the police officers aren’t admissible within
the court of justice and hence the ascertainment of the facts by the police officerswould
also come under the umbrella of important pieces of evidence but again not a substantive
piece of evidence. And so, its safe to conclude that in most cases FIRs can be considered,
if not crucial pieces of evidence, then at least defiantly as, useful pieces of evidence than
can prove to be truly helpful.
