What is meant by FIR and Zero FIR?

What is FIR?

The First Information Report (FIR) is a written document that contains information given to a police officer regarding the commission of an offense as per the provisions of Section 154 of the Code of Criminal Procedure, 1973 (CrPC). It is not specifically defined under CrPC but it must be understood in the context of the provisions of this section. It is a vital step in setting the criminal law into motion and obtaining necessary information for the investigation process.
 

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Ingredients of an FIR

1. The lodging of a First Information Report (FIR) is open to anyone who possesses any information regarding the occurrence of a cognizable offense. It is not obligatory for the individual to be the victim or an eyewitness. The case of Hallu and Others v. State of Madhya Pradesh clarified that Section 154 does not mandate that the FIR must be provided by a person with personal knowledge of the reported incident, as the section does not explicitly require it.

2. The procedure for lodging an FIR is straightforward. The informant simply needs to visit a police station and provide all the relevant details relating to the commission of the offense, either orally or in writing.

3. In the event of an oral submission, the police officer must subsequently document the information in writing or delegate this task to a subordinate.

4. For non-cognizable offenses, when an informant approaches the officer in charge, the officer records the information in a designated book, following the format prescribed by the State government.

5. Investigation into non-cognizable offenses can only commence after obtaining an order from the magistrate, as stipulated under Section 155(2) of the Code of Criminal Procedure (CrPC).

6. The authority of a police officer for investigation remains the same for both cognizable and non-cognizable offenses.
 

The Origin and Concept of Zero FIR

In many instances, victims willing to lodge an FIR are faced with police officers who refuse to register it, often creating a barrier for justice. To address this issue, the concept of Zero FIR was introduced. It allows the lodging of an FIR at any police station, regardless of territorial jurisdiction. The FIR is later transferred to the appropriate police station for investigation. This makes sure that no police officer refuses to register an FIR on the ground that the offense does not come under their territorial jurisdiction.

In the case of State of AP v Punati Ramulu, the Supreme Court held that no police officer can refuse to register an FIR based on territorial jurisdiction and it is a declaration of duty. Information regarding the FIR filed in another police station other than the one having territorial jurisdiction is recorded and forwarded to the police station with jurisdiction.

Similarly in the case of Ramesh Kumara v State (NCT of DELHI), The Supreme Court held that the concerned police officer is duty-bound to register the case on the basis of information disclosing a cognizable offense.

Various court decisions have supported the concept of Zero FIR, emphasizing that the refusal to record an FIR on grounds of jurisdiction amounts to a dereliction of duty.
 

What if the Police Refuse to Lodge an FIR?

As per Section 154 of CrPC, if a police officer refuses to register an FIR, the aggrieved party can make an application to the concerned superintendent of police, disclosing the offense's information. The superintendent, upon satisfaction that a cognizable offense has been disclosed, may either investigate the case themselves or direct a subordinate officer to do so. If the superintendent also refuses to register an FIR, the aggrieved party can make an application to the judicial magistrate under Section 156(3) of CrPC, disclosing the offense's information and requesting an order for the FIR's registration. Magistrate, on being satisfied of the disclosure of cognizable offense can order an investigation under sec 156(3) of CrPC. Subsequently, the police officer must register the FIR upon the magistrate's order.
 

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Preliminary Inquiry by Police before Registering an FIR

The question of whether a police officer has the discretionary power to conduct a preliminary inquiry before registering an FIR arose in the Lalita Kumari v. Government of UP case. The apex court held that a police officer is duty-bound to register an FIR upon receiving information about the commission of a cognizable offense. No preliminary inquiry is allowed to assess the credibility of the information. The Apex Court stated that the term “shall” used in Section 154(1) gives no discretionary power to the police and makes it an obligation for them to register an FIR upon receiving information. However, there are exceptions where preliminary inquiries can be conducted, such as in matrimonial/f disputes, medical cases, corruption cases, and commercial cases.
 

Cryptic Phone Messages as FIR

A cryptic message requiring police presence at the Place of offense does not qualify as an FIR. For a message to be considered an FIR, it should contain a complaint, accusation, or information related to the crime that aims to set the police or criminal law in motion. In the Jessica Lal case, The Supreme Court has also ruled that cryptic telephone messages cannot be treated as FIRs as their purpose is solely to alert the police to the occurrence but lacks substantive details. It is also important to note that phone calls to the police made right after an incident only qualify as a FIR if they are clear and concise, not vague and cryptic. Calls made just to request presence of the police at the place of the offense do not qualify as a FIR.
 

Omission of Details in an FIR

The absence of all details in an FIR does not undermine the credibility of the complainant's case. The inclusion of witnesses and accused individuals later, who were not named in the initial FIR, does not imply that the case is false or fabricated. It is well-established that an FIR does not need to contain exhaustive details; it can be limited in scope and should focus on providing essential information.
 

Value of FIR as Evidence in Court

An FIR is not considered a substantive piece of evidence. Its significance lies in corroborating or contradicting the statement of the person lodging the FIR. The statement given by the informant in the FIR cannot be treated as an admission if they later become an accused in the same case. It also cannot be used to corroborate or contradict the statements of other witnesses. The value of an FIR is limited to corroborating or contradicting the evidence provided by the person who lodged it.

Advocate Chikirsha Mohanty

Greater Kailash - 1, Delhi
5 years

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