Now that we know what an FIR is, Let us find out how FIR is recorded.
- The FIR should be promptly recorded as any delay leads to suspicion and vitiates the FIR. However if there is a delay it should be explained in the FIR.
- The FIR should be recorded in plain and simple words.
- Accuracy is the watchword. It may be detailed but not unnecessarily lengthy.
- Time of occurrence should be noted.
- Modus operandi should be elicited and mentioned in the FIR.
- The FIR should be a truthful account-neither minimized nor exaggerated.
- Do not interpolate or insert anything after the FIR has been written.
- Avoid scoring out what has been written. In unavoidable circumstances a line should be drawn
- across the word/s to be scored out still keeping it legible and the officer recording the FIR
- should initial it.
- Note injuries found on the person of the informant or the witness and mention the same in the FIR.
- Value of property stolen or damaged or lost should be mentioned correctly. Do not lessen the value to improve your statistics.
- The special identifying marks, if any, on the items stolen or lost, together with their detailed description should be clearly noted.
- By intelligent questioning, the identity of the accused, the type or weapon used, if any, the language spoken, etc. should be elicited and mentioned in the FIR. The circumstances of identification must be clearly brought out, e.g. the condition of light, the line of visibility, the distance from which the identification was made etc.
- The names of the suspects, if any or any accused recognized during the occurrence, should be specified. If a particular person is suspected, the facts on which the suspicion is based should be clearly specified. The informant should be able to distinguish between what he saw, knew and heard.
- The names of known/suspected/unknown accused persons with full particulars should be entered serially in the FIR. The names of the eye witnesses and to those whom the complainant or informant reported the names of the accused immediately after the occurrence should be obtained and recorded for the purpose of corroboration. If such information though available first hand is not noted, the defense may term it as fabrication and afterthought.
- The original FIR should be sent to Magistrate having jurisdiction.
- A police officer should not defer drawing up the FIR on the plea of verifying the truth of the complaint. If a person gives a deliberate false information in regard to a cognizable offence, the informant is liable for prosecution under sec. 182 or 211 IPC.
- A police officer has power to refuse investigation in a cognizable case under provisions of Sec. 157(2) but has no power to refuse the registration of a cognizable case under section 154 CrPC.
- Refusal to record FIR on the ground that the place of crime does not fall within the territorial jurisdiction of the police station amounts to dereliction of duty. It is the duty to record a case and forward the same.
FIR by the accused
If the accused gives information of the offence, the officer-in-charge must record it. Any confession which may form part of such an FIR will be inadmissible under section 25 Evidence Act, but those facts, which do not amount to a confession and merely go to show the motive, preparation or opportunity for the crime or give the information leading to the discovery of a fact, can certainly be provided on behalf of prosecution under sec.7, 8 and 27 of the Evidence Act.
First information: Referred by the Magistrate
When a Magistrate directs the Police to investigate a complaint or a cognizable case filed before him and in regard to which no previous information has been given to the Police, the written information sent by the Magistrate should be treated as the basis of FIR.
Disposal of FIR
An FIR once started, shall on no account be cancelled by the officer in charge, nor it is permissible for a Magistrate or any other Police officer to do so. Recording of FIR means starting of an investigation of a cognizable case which can only be concluded in any of the following ways:
- By refusing investigation under sec.157 (b) CrPC
- By transferring it to a different police station on question of jurisdiction.
- By submitting a final report after such an investigation or,
- By submitting a charge sheet after an investigation.
Value of FIR
The FIR is not a substantive piece of evidence. It is relevant in judging the veracity of the prosecution case and value to be attached to it depends on the facts of each case. It is used either to corroborate or to contradict the oral evidence of the maker of the FIR during trial of the case.
Quashing of FIR
FIR drawn up on the basis of information which does not disclose any offence or discloses only noncognizable offence can be quashed by the High Court by invoking power under Art. 226 of the Constitution of India or under Sec. 482 CrPC.