What Is Fir And Its Eventually Value In Full Notes In Pdf

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This article is written by Shailja Singh, an LL. Rather the term has not been used except in section which requires the Magistrate to furnish to the accused a copy of the First Information Report recorded under section 1 of the Code. The report first recorded by the police relating to the commission of a cognizable case is the First Information Report giving information on the cognizable crime.

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Origin of Writ In common law, Writ is a formal written order issued by a body with administrati The supreme court, and High courts have power to issue writs in the nature of habeas corpus , quo Toggle navigation. Home Explore. The First Point of a bringing a Crime to the notice of the administrators of justice is lodging of a complaint with the police authorities.

It is the duty of the police officer to record the complaint and this is formally known as First Information Report FIR. A Prompt lodging of information of the commission of offence at the first available opportunity is essential for a just investigation of the matter. Section of the Criminal Procedure Code, CrPC deals with provision with respect to information of cognizable offence.

Statement Of Problems FIR has its own probative value and when an FIR is refused to be registered by the police in charge or if registration is delayed it can lead to miscarriage of justice where the accused has opportunity to tamper evidence or escape.

The involvement of political or high net worth individuals to delay or stop registering an FIR is an impediment in effective administration of law and order.

Research Questions What is the remedy in law to check on failure to register FIR or delaying of recording the FIR and What is the remedy available to the victim to get FIR registered when Police derelicts in its duty Objective Of Study To study and analyse the law with respect to lodging of First Information Reports, the evidentiary value of FIR, the judicial decisions on delay and refusal to lodge FIR and to suggest measures to improve the application of Section of CrPc and any changes required in law and its administration to resolve the problem at its root.

Section Of Criminal Procedure Code The oral information given by an informant relating to commission of a cognizable offence to an officer in charge of a police station is reduced into writing and read over to the informant and his signature is obtained. Such a report is called First information Report. The Substance of this report should be recorded in the book kept in the station.

In case of offence against women the information has to be recorded by a woman police officer or any woman officer. The recording of such information shall be video graphed and police officer shall get the statement of the person recorded by a judicial magistrate The copy of the FIR should be given to the informant free of cost. In case the Police officer refuses to register an FIR, the informant may approach the Superintendent of Police by sending the information in writing or by post and the SP if satisfied can either investigate the matter himself or direct an investigation to be made by any police officer subordinate to him.

Objective Of Recording FIR The FIR recorded sets the criminal law in motion and from the point of view of investigating authorities is to obtain information about the alleged criminal activity so as to be able to take suitable steps for tracing and bringing to book the guilty party[1].

The object of insisting upon prompt lodging of the report to the police in respect of commission of an offence is to obtain early information regarding the circumstances in which the crime was committed.

Delay results in embellishment and the report gets bereft of the advantage of spontaneity.. There is also danger of introduction of a coloured version exaggerated account or concoted story as a result of deliberation and consultation[2].

In case if inconsistency between the statement made in FIR and evidence produced at the time of trail, it would only discredit the evidence at trial but will not make the statement made in the FIR to be considered as evidence. Thus though in general FIR does not have evidentiary value, in exception case such as dying declaration, the FIR can be considered as evidence. In the case of Macchi Singh v State of Punjab[3] dying declaration was considered as substantial evidence and good enough to support the order of conviction.

Apart from this exception FIR is said to have corroborative value i. The FIR need not contain all the information but containing certain details aids investigation. It only sets law in motion. However if there is delay in registering an FIR, there may be miscarriage of justice as there is delay in investigation to begin which may give the wrongdoer an opportunity to destroy evidence or to escape.

It was observed in the case of Emperor v. Undue or unreasonable delay in lodging the FIR, therefore, inevitably gives rise to suspicion which puts the Court on guard to look for the possible motive and the explanation for the delay and consider its effect on the trustworthiness or otherwise of the prosecution version.

First is delay caused by the informant in getting the FIR registered with the Police and secondly the delay on part of the police in getting the FIR registered and thirdly delay in dispatching the FIR to the magistrate Delay In Lodging FIR By Informant There is no duration of time which is fixed either by the legislature or the judiciary for giving information of a crime to the police.

However, it has been observed that FIR has to be filed within reasonable time. The question of reasonable time being a matter is for determination of court in each case. Mere delay in lodging the FIR with the police is therefore, not necessarily, as a matter of law, fatal to prosecution. The effect of delay in doing so in the light of the plausibility of the explanation forthcoming for such delay accordingly must fall for consideration on all the facts and circumstances of a given case[5].

Even a long delay in lodging FIR in murder can be condoned if witnesses have no motive of implicating accused and have given plausible reason for delay. In the case of State of Rajasthan v.

But this did not affect the prosecution case as the case related to rape of a minor as in such case the reputation and prestige of the family and career and life of a young child was involved.

Although FIR is not substantive evidence, it cannot be denied that it has probative value. If there is unexplained delay in lodging FIR it can be fatal to the prosecution case. Although delay in filing FIR does not result in quashing the FIR but nevertheless gives rise to suspicion which puts the court on guard to look for the possible motive.

Delay in giving first information can be condoned if there is satisfactory explanation. Delay By Police In Recording FIR By Police In Charge At the stage of registration of a crime or the case, on the basis of information disclosing a cognizable offence in compliance of the mandate of Section of CrPc the concerned police officer cannot embark upon an inquiry as to whether information laid by the informant is reliable or genuine and to refuse registration of a case on that ground.

It is therefore manifestly clear that if the information disclosing cognizable offence is laid before a police officer in charge of a police station satisfying the requirements of Section 1 of CrPC the said officer has no other option except to enter the substance thereof in prescribed form that is to register a case on basis of such information[7] In the case of State of AP v.

Punati Ramulu[8], the Supreme Court observed that investigating officer has deliberately failed to record the FIR on receipt of information of a cognizable offence of the nature, as in this case, and had prepared the FIR after reaching the spot after due deliberations, consultations and discussions, the conclusion becomes inescapable that the investigation is tainted and it would therefore, be unsafe to rely upon such a tainted investigation, as one would not know where the police officer would have stooped to fabricate evidence and create false clues.

The delay in registering FIR would make the FIR unreliable as well as bring suspicion on the police officer and put a black mark on his method of working.

In the case of Mohindro v. State of Punjab [9], the complainant approached the police for registering a case against the alleged accused but police never registered a case and never put the law in motion and therefore she approached the high court.

The counsel for state argued that there has been a enquiry. The supreme court questioned that how can there be an enquiry without registering a criminal case. The Apex court directed that a case has to be registered on the basis of the report of the appellant and then the matter has to be duly investigated In an another case Abhay Nath Dubey v. State of Delhi where the police refused to register an FIR and the High Court held that where a cognizable offence was prima facie disclosed and he had no option but to embark on full fledged inquiry too ascertain the genuineness or reliability of such information and allegation and draw conclusions and render the investigation redundant and to refuse registration of an FIR he would be breaching the mandate of Section 1 [10] The inaction of the police in non registering an FIR was condemned by the Supreme Court in the case of Lalitha Kumari v.

State of UP [11]. It showed frustration by observing that inspite of law laid down by the court the police authorities concerned do not register FIRs unless some direction is given by the Chief Judicial Magistrate of High Court of Supreme Court. In a large number of cases, investigation do not commence even after registration of FIRs.

The Court reteriated that directions should be issued to the police to register FIR promptly and to give a copy of the complainants. If the police do not comply with these instructions or initiate investigation, magistrate could initiate contempt proceedings. We have witnessed in the recent Unnao rape case how the accused went pillar to post for 4 months to get the FIR registered against the accused.

The victim was raped in June and she filed a complaint the very next day but an FIR was not registered. She then sent a complaint to Superintendent of Police in Rai Bareli and then to High Court which directed the police to register a complaint and it was finally registered in April [12].

Instead of protection to a physical and emotional victim there was only harassment all the way. The court in this case transferred the case to CBI and this shows the inefficiency and laxity of police as well as the political influence on system of police administration.

In the recent rape case of Veterianary doctor in Hyderabad where the victims family approached the police to lodge a missing complaint the police is alleged to have made objectionable remarks instead of registering an FIR and searching the victim.

In many cases where police officer refuse to register an FIR the matter does not reach the court and offender goes scot free. Refusal to register an FIR is a dereliction of duty of the officer. The police is cases like theft are reluctant to record the FIR, instead they lodge a non-cognizable report NCR which does not require them to investigate immediately. There is no time limit for sending the NCR to magistrate for order of investigation so there is laxity in this matter.

After months NCR is sent to magistrate when the traces of crime like theft, chain snatching is washed off. Suggestions Public Awareness Although law is made for registering of an FIR a common man is unaware of the nitty gritties of registering an FIR when he is a victim or a witness to a cognizable crime. The administration of police department should through medium of television, internet and newspaper should publish the information of importance of registering an FIR within reasonable time of the commitment of crime.

A reasonable assurance must be given by the department and law and order that a fair investigation will be conducted in prima facie case of commission of offence if FIR is registered on time and with sufficient details. The fear of police should be removed from the minds of common man and law enforcement should be viewed by all as for the people protection and service to people. The FIR registered once and forwarded to magistrate if not investigated and crime addressed, it is alleged that the informant registering the FIR is false and to discard this view of the police the informant is required to be present at the magistrate court where he is required to narrate the incident and prove that the compliant in genuine and needs investigation.

This compliance is although necessary to deter people lodging false FIR but a real victim is said to run from pillar to post and end result is not remedy but disappointment. Punishment For Non Registration Of FIR Section of IPC provides for punishment for a public servant intentionally omitting to apprehend or keep in confinement any person charged with or liable to be apprehended for an offence or helps such person to escape.

But this section do not specifically mentions that the public servant is punishable in case of refusal to register FIR. Thus it is suggested that there is specific mention about punishment for non-registration of FIR in a prima facie case of cognisable offence. Suggestions By Mr. Abdul Kalam[13] Late. Abdul Kalam in one of his speeches has highlighted the delay in registereing FIR and had given suggestion based on the research of Indian law institute The Station House officer is to be instructed that he is bound to register the complaint immediately There must be a computer for registration of complaint The email id of SHO should be published.

In case SHO refuses to register complaint provision for sending email to SHO with copy to higher authority should be made available Procedure for registering compliant should be widely published The Police officer should compulsorily file action take report to the superior officers within 10 days of FIR The Police officer should abstain from pressuring the complainant to withdraw or comprise the complaint. The facility for online FIR should be made mandatory in all the States across the country and for this a new section has to be inserted in CrPC.

The basic and standard information that is needed in FIR if recorded at the first instance will help investigation and process in court. Online FIR will also keep a check on the administrator of law and require them to do their duty diligently. There is no doubt that the police department is flooded with cases and wants less FIR in the book maintained because it becomes an obligation to investigate.

But dispatch of FIR to the magistrate on the next working day will bring the offence to the cognizance of the magistrate and police personnel will be more firm in resolving the case. The law in regard should be made more stringent where delay in sending report to magistrate should also be explained by the police personnel and penal provisions for unreasonable delay in forwarding report to magistrate must also be provided in the law. The FIR being the first step to set the law in motion there should not be any undue delay in the process which will deny the justice to the victim.

Every step in the process of law is crucial as in criminal cases it may either save life or distress life. The administrator of justice should use their power in the interest of public and not loose the trust of people. Pragadeeswaran and Arya. Please Drop Your Comments. Ask A Lawyers. Cyber Laws in India. Law and Patriarchy. Online Defamation And Laws Legal Risk Analysis and Lit Contribution of the works o Online Copyright Registration.

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Louisiana Purchase , western half of the Mississippi River basin purchased in from France by the United States ; at less than three cents per acre for , square miles 2,, square km , it was the greatest land bargain in U. The purchase doubled the size of the United States, greatly strengthened the country materially and strategically, provided a powerful impetus to westward expansion, and confirmed the doctrine of implied powers of the federal Constitution. The Louisiana Purchase was the purchase of imperial rights to the western half of the Mississippi River basin from France by the United States in The deal granted the United States the sole authority to obtain the land from its indigenous inhabitants, either by contract or by conquest. It was ultimately the greatest land bargain in U. The Louisiana Purchase eventually doubled the size of the United States , greatly strengthened the country materially and strategically, provided a powerful impetus to westward expansion, and confirmed the doctrine of implied powers of the federal Constitution.


FIR has its own probative value and when an FIR is refused to be registered by the police in charge but to embark on full fledged inquiry too ascertain the genuineness or reliability of such information and Court which directed the police to register a complaint and it was finally registered in April [12]. End​-Notes.


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We all know that we have to inform police when we become a victim or when we are well aware of an offence, but most of us do not have a clear idea of how to follow that procedure properly. What would be the consequence of this procedure, and there are so many misconceptions too. As a result, we often become afraid to Inform the police thus delay the legal action. On the other hand, even if we Inform police we made many mistakes which wakens the case and may become fruitless in the future. In this article, we will address these issues to remove our misconceptions about the procedure and shall discuss by which procedure should we follow to file an application to the police station when we want to take action against a certain offence. FIR stands for First Information Report; means First Information of a Cognizable offence that is given by a person who is an eye witness or well aware about the offence and that information is presented before the police station as an application to take necessary legal action.

Origin of Writ In common law, Writ is a formal written order issued by a body with administrati The supreme court, and High courts have power to issue writs in the nature of habeas corpus , quo Toggle navigation. Home Explore. The First Point of a bringing a Crime to the notice of the administrators of justice is lodging of a complaint with the police authorities. It is the duty of the police officer to record the complaint and this is formally known as First Information Report FIR.

Origin of Writ In common law, Writ is a formal written order issued by a body with administrati The supreme court, and High courts have power to issue writs in the nature of habeas corpus , quo Toggle navigation. Home Explore. The First Point of a bringing a Crime to the notice of the administrators of justice is lodging of a complaint with the police authorities. It is the duty of the police officer to record the complaint and this is formally known as First Information Report FIR.


death or as to circumstances of the transaction resulting in his death is called a Evidence Act, explore the concept of dying declaration. Section 32 retains its full value. OBJECT F.I.R. as a part of the F.I.R. was accepted as a reliable statement for the can be acted upon, provided the court ultimately holds the.


Every one of us is sustained by various kinds of natural resources — such as food, materials, and energy that are harvested or otherwise extracted from the environment. Our need for those resources is absolute — we cannot survive without them. Moreover, the same is true of all other species — every organism is a component of an ecosystem that provides the means of subsistence. Collectively, the needs and activities of people comprise a human economy.

Origin of Writ In common law, Writ is a formal written order issued by a body with administrati The supreme court, and High courts have power to issue writs in the nature of habeas corpus , quo Trade Unionism had made its headway owing to growth of industrialization and capitalism.

Delay In First Information Report– A Critical Analysis

2 Comments

  1. Zenzo O. 09.05.2021 at 22:40

    Home · Blog · Submit Article · Acts · Careers · Law Notes The main objective of filing F.I.R. is to set the criminal law in motion. to the judiciary and judicial officers before whom the case has to be ultimately tried, If satisfactorily explained, it does not lose its evidentiary value. Just complete this form.

  2. Christine M. 11.05.2021 at 22:03

    We all know that we have to inform police when we become a victim or when we are well aware of an offence, but most of us do not have a clear idea of how to follow that procedure properly.