What is meant by FIR and Zero FIR?

What is FIR?

The information given to a police officer and reduced to in writing as per the provisions of Section 154 of the Code of Criminal Procedure, 1973 (CrPC) is known as the first information. The First Information Report (FIR) has not been defined under the CrPC but must be understood in the context of the provisions under Section 154. The principal object of the first information report from the point of view of the informant is to set the criminal law into motion, and from the point of view of the investigating authorities is to obtain information about the alleged criminal activity so as to be able to take suitable steps to bring the guilty before the court.

Ingredients of FIR 1. Anyone who has any information about the commission of a cognizable offense can lodge an FIR. It is not necessary that he or she should be the victim or an eye-witness. It was held in Hallu and Others v. State of Madhya Pradesh[3] that Section 154 doesn't require that the FIR must be given by a person who has personal knowledge of the incident reported as the section doesn't specifically state so. 2. The process is very simple. The informant simply has to visit a police station and furnish all the information pertaining to the commission of an offense, orally or in writing. 3. If given orally, the police officer must reduce the information in writing or authorize his junior to do so. 4. In non-cognizable offenses, when an informant approaches the officer in charge, the officer enters such information in his book maintained as per the format prescribed by the State government. 5. An investigation for a non-cognizable offense can be made only after receiving an order from the magistrate under Section 155(3) of CrPC. 6. The investigating powers of a police officer are the same in both cognizable and non- non-cognizable offenses.

Concept and origin of Zero FIR

In reality most of the time it is seen that a police officer refuses to register an FIR giving harassing the aggrieved party who is willing to register an FIR. Thus, to deal with such a situation the concept of zero FIR was introduced. Zero FIR means an FIR that can be lodged in any police station irrespective of any territorial jurisdiction of the police station lodging such FIR, later on, such FIR is transferred from such police station to the police station having territorial jurisdiction to investigate in such FIR.so hereby it means that no police officer can refuse to register an FIR on the ground that the concerned offense does not fall in their territorial jurisdiction. The concept of zero FIR can be traced back to the various decisions of the apex court few such decisions are discussed herein. The Supreme Court in the case of State of AP v Punati Ramulu held that refusal to record an FIR on the ground that the place of crimes does not fall within the territorial jurisdiction of the police station, amounts to a declaration of duty. Information about cognizable offenses would have to be recorded and forwarded to the police station having jurisdiction. The apex court in the case of Ramesh kumara v State (NCT of DELHI) held that the concerned police officer is duty-bound to register the case on the basis of information disclosing a cognizable offense.

What if the police refused to lodge an FIR?

Sec 154 CRPC provides that on the refusal of police to lodge an FIR an aggrieved party can make an application to the concerned superintendent of police disclosing the information of the offense and such superintendent of police on being satisfied that such information discloses commission of a cognizable offense may either investigate the case himself or order his subordinate officer to make investigation in such case. In case such superintendent of police also refuses to register an FIR then the such aggrieved party can make an application to the judicial magistrate under sec 156(3) of CRPC disclosing information of offenses in such application and requesting such magistrate to pass an order for registration of FIR and such magistrate on being satisfied that such information discloses commission of cognizable offense can order an investigation under sec 156(3) CRPC and on the passing of such order concerned police officer shall register an FIR.

Whether a police officer can conduct a preliminary inquiry before registration of an FIR?

This very important question of whether a police officer is duty-bound to register an FIR on receiving information disclosing the commission of the cognizable offense or he holds some preliminary power to conduct an inquiry for the purpose of satisfying himself with respect to the credibility of the information received arose before the Supreme court in case of Lalita Kumari v Government of UP, wherein the apex court held that on receiving information disclosing commission of cognizable offense a police officer is duty-bound to register an FIR and he holds no discretionary power to conduct any kind of preliminary inquiry for the purpose of satisfying himself with respect to the credibility of information. The apex court inter alias giving emphasis on the term & lsquo shall' used in sec 154(1) held that the term & lsquo shall' used in sec 154 leaves no discretionary power with the police and makes registration of FIR obligatory for them on receiving information disclosing cognizable offense. It is important to note that SC also laid some cases mentioned below wherein police officers can conduct preliminary inquiries. These exceptions are:

• matrimonial /family disputes

• medical cases

• Corruption cases

• commercial cases

Whether a cryptic message/ information on the phone can be termed an FIR?

A cryptic message on phone requiring police to appear at a place of offense cannot be generally termed an FIR. In order for the message to be qualified to be an FIR, there must be something in the nature of the complaint or an accusation or at least some information of the crime given with the object of setting the police or criminal law in motion. The apex court also in the famous Jessica Lal case held that cryptic telephone messages could not be treated as an FIR as their object is to only get the police at the place of occurrence.

• It is important to note that phone calls made immediately after an incident to police constitute FIR only when they are not vague and cryptic.

• Calls only for the purpose of requiring police to present at the place of offense do not constitute FIR.

What happens if you do not mention all details in FIR?

Merely because all details are not mentioned in FIR is no reason to doubt the complainant's case. Mentioning the name of witnesses and accused later who were not named in FIR is not a reason to believe that the case is false or fabricated. It is settled law that an FIR need not be an encyclopedia of all details and need not contain every minute detail.

Can FIR be used as evidence in Court?

FIR is not a substantive piece of evidence, it is important evidence for the purpose of contradicting or corroborating the statement of the person lodging an FIR. Statement given by a person in FIR cannot be turned into admission when he subsequently becomes an accused in the same case. The statement given by a person lodging an FIR cannot be used for contradicting or corroborating the statement of another witness, it has very limited value it can be used only with respect to contradicting and corroborating evidence of the person lodging the FIR. However, it cannot be used even corroborate or contradict the statement of the person who later becomes accused in that case.

Advocate Chikirsha Mohanty

4.0 | 2+ user ratings Greater Kailash - 1, Delhi
5 years

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