First Information Report (FIR) — Modes of Lodging and Legal Aspects of Credibility

22 Pages Posted: 27 Feb 2010

See all articles by Nidhi Vaidya

Nidhi Vaidya

affiliation not provided to SSRN

Raghvendra Singh Raghuvanshi

Lawyer at MP High Court, Indore, India

Date Written: February 25, 2010

Abstract

To study the various legal aspects of Section 154, Criminal Procedure Code, 1973, and whether telephonic information comes under the umbrella of the said provision‘ We have, so far, attempted a detailed and searching analysis on the legal issues with regard to the statutory duty of an officer-in-charge of a police station in registering the First Information Report and commencing the investigation thereon as well the principles relating to the exercise of extra-ordinary and inherent powers of the High Court in quashing either the FIR or the entire criminal proceedings as the case may be; and bearing in mind the enunciations of law, we have given our anxious consideration and careful thought to all the related legal issues emerge therewith.

We shall also focus on the evidentiary value of FIR, its validity when it is unreliable and ingenuine and the legality of mere oral intimation or telephonic information. To begin any investigation, it is quite obvious that the police need to know that an offence has been committed. This can be possible if someone approaches the police station and gives the details of the offence committed. This is often called as the First Information Report (in short, FIR) and has been contemplated under Section 154 of the Criminal Procedure Code of 1973 (hereinafter referred to as “Cr.P.C.”). The basic requirements of FIR as per the section are that, in case of a cognizable offence, if information is given to an officer-in-charge of the police station orally, then, 1. It shall be reduced to writing by such officer; 2. Such information shall then be read out to the informant; 3. The signature of the informant shall be received on the written information; 4. And. finally, it shall be entered in the diary \book meant for this purpose, by such officer. 5. A copy of the report is also to be handed over to the informant under clause (2) of the section.

Keywords: crime, criminal, FIR, information, police, law enforcement, complaint, legal, law, offence, offense, investigate, investigation, court

Suggested Citation

Vaidya, Nidhi and Raghuvanshi, Raghvendra Singh, First Information Report (FIR) — Modes of Lodging and Legal Aspects of Credibility (February 25, 2010). Available at SSRN: https://ssrn.com/abstract=1558974 or http://dx.doi.org/10.2139/ssrn.1558974

Nidhi Vaidya

affiliation not provided to SSRN ( email )

Raghvendra Singh Raghuvanshi (Contact Author)

Lawyer at MP High Court, Indore, India ( email )

Indore, IN Madhya Pradesh 452010
India
+919179079595 (Phone)

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