INTRODUCTION:
The First Information Report (FIR) is a critical component of documentary proof in evidentiary law, offering essential details about a criminal incident, and its declaration is often helpful for starting legal processes. These reports, which include written records of the complainant’s description of a crime, provide significant information to government officials, assisting in their identification of suspects, witness identification, and the examination of evidence. The FIR acts as a device to commence legal actions, providing the required information to prove cognizable offences without becoming a lengthy dictionary[1]. A well-written FIR is critical for obtaining fairness and a thorough understanding of the crime.
FIRST INFORMATION REPORT (FIR):
FIRs (First Information Reports) are critical in criminal inquiries since they are the basis for the whole investigation procedure. These documents are officially submitted to the police if a criminal act occurs, offering reliable and comprehensive data on the incident, how it occurred, and those involved. As per Section 154 of the CrPC[2], the FIR marks the beginning of the investigation proceedings. They provide a thorough record, assisting police officers in establishing a base for additional inquiries and taking appropriate action towards the criminals. When submitting an FIR, it is critical to include all relevant information about the occurrence, such as the date, time, location, description of the crime, names and descriptions of the accused, and any witnesses or additional proof. It is to be noted that the Code of Criminal Procedure did not define the accurate meaning of FIR[3]. But it refers to the immediate insight of oral knowledge regarding a cognizable crime to police. FIRs are essential documents in court because they serve as a formal record for a charge and are admissible as proof. Their accuracy and comprehensiveness are critical to ensuring justice is served and the guilty are punished. Further, they provide an exhaustive account of the act and serve as the starting point for legal procedures.
THE PURPOSE OF FIRS IN CRIMINAL INVESTIGATIONS:
First Information Reports (FIRs) constitute vital documents in criminal investigations since they become the foundation of any criminal prosecution. They include an extensive account of the crime, including the date, time, location, and people involved. FIRs serve as a formal complaint, triggering the legal mechanism and launching an investigation by law enforcement agencies. Filing an FIR legitimately exposes the suspected crime to the victim’s or informant’s focus, allowing them to take action. Submission of an official FIR, a critical step in guaranteeing appropriate detention, search, and trial process in criminal cases, is the first step in starting an investigation[4]. An FIR is a critical document that acts as an evidence trail for the police inquiry, guaranteeing the crime is accurately documented. It establishes the jurisdiction of the police station where the incident happened, ensuring that the police investigation is undertaken by qualified authorities and assuring the incident’s integrity and transparency[5]. It is to be noted that, if the suspect self-made F.I.R. is a confession, it can be utilized as standard evidence provided it falls within Section 25 of the Evidence Act[6].
ROLE OF FIRS IN PRESERVING EVIDENCE AND ESTABLISHING A TIMELINE:
FIRs are critical in criminal proceedings because they initiate the inquiry and protect evidence by creating an exact timeline of facts. Filing an FIR quickly guarantees the complainant’s information is carefully recorded, protecting critical evidence that could be lost or damaged as time passes. FIRs can help police recognize a timeline of events and locate prospective witnesses by establishing an orderly chain of occurrences. An FIR is an invaluable resource for police and attorneys since it documents the precise time and date of the alleged crime. FIRs constitute significant legal documents in criminal investigations because they provide a timeline of events and evidence. They act as a jumping-off point for detectives to acquire additional proof, consult individuals, and develop a compelling case against the accused. Throughout court procedures, the story of the occurrence and the identity of the persons involved might be used as proof or dispute charges. Filing an FIR promptly benefits the overall efficacy and credibility of the inquiry, ultimately assisting in the search for fairness.
EVIDENTIARY VALUE OF FIR:
A FIR’s fundamental importance is its admissibility in court- since it is a substantial piece of evidence that provides an initial report of a crime. However, obeying legal procedures and variations may affect the impact of the trial. The First Information Report (FIR) is a crucial beginning in the legal system, offering facts about a crime, the particulars of victims and witnesses, and occurrences. It is the first official record of the suspected crime, confirming the criminal act and making inquiries easier. It is nevertheless not considered significant evidence, and afterward, statements and confessions play a more active role in a trial. The similarity of the FIR with other relevant documents may increase its trustworthiness and reliability as an appropriate source of information, as courts frequently seek accuracy among these documents. Although FIRs are not regarded as substantive evidence, they hold evidentiary significance in cognizable proceedings[7]. They support and question the witness’s statements. When the case drags on, they refresh the informant’s memories. FIRs are also used to assess the credibility of a source and collect information about a crime. They are not, however, taken under oath and can be twisted or corrupted. Suspected FIR is incapable of being applied as testimony towards an accomplice. Therefore, FIR cannot result in the accused’s judgment itself.
RELATING CASE LAWS:
Gurpreet Singh vs State of Punjab[8]:
Section 154 requires that the FIR be restricted to details of the material obtained, prohibiting confidentiality of witness identities in the daily diary and mortuary register from damaging the prosecution evidence.
State of Haryana v. Bhajan Lal[9]:
The court’s ruling underlined the importance of FIRs in criminal actions, adding that late submission will not decrease their credibility and that the presiding judge has to evaluate the circumstances and facts of every instance.
Surajit Sarkar v. State of West Bengal[10]:
The Supreme Court found that non-cryptic telephone information about an offense is sufficient to warrant the initiation of an FIR.
CONCLUSION:
In conclusion, First Information Reports (FIRs) are critical in criminal cases because they provide preliminary information on the crime, its kind, time, and concerned individuals. A fair justice system is ensured by law enforcement authorities favoring accurate recording and adhering to protocols. Timely registration ensures evidence preservation and speedy inquiries, but delays might result in the loss of substantial proof and altered memories. Furthermore, FIRs are critical for judicial entities to help complete investigations and deliver justice. They give legitimacy and precision by establishing facts, exposing criminals, and verifying the system is impartial. Identifying and efficiently applying them sustains justice values and promotes public trust in the judiciary.
Author(s) Name: Leela Madhuri (G.S.K.M. Law College Affiliated with Adikavi Nannya University, Rajahmundry)
Reference(s):
[1] Sparsh Prasad, “Evidentiary Value of FIR” (legal Service India) <https://www.legalservicesindia.com/article/936/Evidentiary-Value-of-FIR.html#:~:text=As%20per%20section%20154%20of,corroborating%20or%20contradicting%20its%20maker.> accessed 5 January 2024
[2] Code of Criminal Procedure, 1973 s154
[3] Shailja Singh, “What is a First Information Report” (ipleaders, 23 September 2023) <https://blog.ipleaders.in/first-information-report-everything-important-you-should-know-about/#:~:text=Evidentiary%20Value%20of%20F.I.R.&text=It%20can%20be%20used%20to,s%20145%20of%20Evidence%20Act.> accessed 5 January 2024
[4] Tshewang Dema, “Evidentiary Value of FIR – All about it” (Social Laws Today, 17 April 2023) <https://sociallawstoday.com/evidentiary-value-of-fir-all-about-it/> accessed 5 January 2024
[5] M.PRAGADEESWARAN, ARYAR, “A STUDY ON THE EVIDENTIARY VALUE OF FIR IN INDIA” (International Journal of Pure and Applied Mathematics) <https://acadpubl.eu/hub/2018-120-5/1/23.pdf> accessed 5 January 2024
[6] Indian Evidence Act, 1872
[7] Anila Sabu, “FIR, And Its Evidentiary Value” (LAWYERSCLUBINDIA, 27 January 2022) <https://www.lawyersclubindia.com/articles/fir-and-its-evidentiary-value-14605.asp> accessed 5 January 2024
[8] Gurpreet Singh vs State of Punjab (2006) Cr.LJ 126 (S.C)
[9] State of Haryana vs Ch. Bhajan Lal (1992) Cr.LJ 527 (S.C)
[10] Surajit Sarkar v. State of West Bengal (2013) (S.C)
