Procedure of filing an FIR

First Information Report (FIR) is a written document that is prepared when a crime commission is first issued by the police. It contains the details of the informant, the details of the crime and the date and time according to the informant it was committed .In this article I will analyze every aspect of FIR.


First Information Report, FIR is one of the case’s most significant constituents. It’s nothing but a mere statement by a person about a particular crime that is given to the police in the first place.

The main function of filing FIR is to record all the minute details and to set the case into motion[1].S. 154 The clause relating to FIR is of the CrPC. The report which is filed under S. 154 A FIR is named. One thing to be kept in mind when filing a FIR, however, is that it has to be filed in respect of cognizable offences. This is normally done by the plaintiff or others on his behalf, but in some cases the accused will fill it too. However, the Criminal Procedure Code doesn’t define ‘FIR’ as a term.

Evidentiary value of FIR:

A person or the declaration maker may make many statements, but it is not necessary for any such person’s statement to be treated as a FIR. In order for a statement to constitute the first  information report, it is very necessary to satisfy two conditions given below:

  • That the statement should be accusation that a complaint must be in nature, or that it should be a statement that gives some information about a crime.
  • It must be related to a cognizable offense on the face of it.

The FIR is used at the trail to show the substantial material that triggered the start of investigation. CrPC does not consider it to be substantive evidence, but it certainly needs to be corroborated if all the provisions relating to crime are shall be follow.

It can’t be used as evidence, even in cases where the accused becomes the curtail. The FIR is not recognized as evidence against the complainant nor can it be used to corroborate or refute the case’s witnesses.

The following method can be used for FIR;

  • For corroborating evidences.
  • In cases where proof contradicts.
  • In cases where admission against the accused is proven.
  • To refresh the memory of the accuser.
  • To provide evidence against the accused.
  • In case where accused’s identity is required.

However, it can be regarded as substantive evidence in some cases:

  • When the declaration is in the manner of death.
  • When it’s the maker’s argument that the accused was troubling him at present.
  • When the maker is introduced to the FIR to refresh his memory in which he claims to have forgotten the facts he mentioned while giving the statement.

Manner of FIR:

Public Prosecutor v. Thula Singh[2],

  • The FIR must be in writing, and the complaint ‘s content must be entered in a book kept in the police station.
  • That the data must be registered in the manner specified by Section 154 of the Code. The legislation does not consider the first knowledge should be documented when something is elicited in the course of the investigation.
  • If the information given here is FIR or not, is not a matter of law for the police station’s officer-in – charge. It is not his discretion.

The CrPC does not have any provision that talks about any preliminary inquiry prior to filing a FIR. When an investigation is launched after the filing of a FIR, any other information on the crime would not be considered as the first information and will not be admissible under Section 154 of the Code read with Section 157 of the Evidence Act, which is struck by Section 162 of the Criminal Procedure Code.

It is very important that the FIR is filed as early as possible, and if any delay is induced in the filing of the FIR, the plaintiff will be accused.

The FIR must be lodged at the police station, which has jurisdiction over the place in which the crime is committed.

The FIR must be lodged at the police station, which has jurisdiction over the place in which the crime is committed. Nevertheless, Indian law has given an exception in emergency situations where the FIR may be filled in at any station that will later be transferred to the police station with jurisdiction for such crime. In case of an emergency, FIR based on an email and a phone call may also be relevant.

Procedure to file an FIR

  • The FIR includes listing the time and date of the crime, and the committer ‘s name, i.e., the accused in a way that makes it easy for the police to recognise the accused.
  • After the complainant has registered the complaint, he is entitled to claim the FIR copy for free. The police then have to conduct an investigation following the registration of the said FIR concerning the statement made in the FIR. The police the decide to drop any further investigation in the event that it deems the argument unfounded, and that there is no proof supporting the same can, after discussing it to the author.
  • In cases where any police officer refuses to file a FIR, a individual has the right to approach the Judicial Magistrate directly.

Delay in Filing FIR:

A delay in filing FIR is not appropriate until, and unless, the maker gives a sufficient explanation. The Supreme Court has spoken about the delay in filing FIR in separate cases. In the case of Meharaj Singh, the Supreme Court explained the consequences that could result from delay in dispatching FIR to the Magistrate in the following words: “………. in the case of murder, a special report is called the copy of the FIR being received. The delay in submitting such a report to the magistrate could lead to a conclusion that the FIR was not submitted within the time required unless a satisfactory explanation has been given for it. Prosecution of this case has led no evidence at all ……[3]

If, however, the creator gives adequate expatiation, such as the complainant’s physical state, natural calamities, the complainant’s ignorance of the rules, or any care provided to him for filing FIR.  

Who can lodge an FIR?

Someone acquainted with the crime will file an FIR. He may be the perpetrator himself, the complainant of the crime or the accused himself in some situations. But it’s very important that the person filing FIR should have knowledge of the crime[4].

Salient Features:

  • The assertion of a statement needs to be confirmed by evidence.
  • FIR should be provided in written form.
  • Signing the Complainant is necessary.
  • It is important that the statement be read over to the maker after writing the statement.
  • It is the Police officer ‘s responsibility to record these facts.
  • The applicant is entitled to obtain a copy of such FIR.
  • Initial F.I.R shall be sent forthwith to the Magistrate.
  • The conduct against which the applicant has to file a FIR must be cognizable in nature, i.e. the offense should be one that no warrant is needed for the arrest.


The FIR is the first step in Criminal Procedure which leads to a criminal’s trial and punishment. It is also the most significant supporting evidence that builds upon the entire foundation of the prosecution case. As in the case of Mohan Lal v. State of Uttar Pradesh[5] rightly observed, FIR is the Bible of the case initiated on the public report.


  • IndiaToday
  • Legalserviceindia
  • TheHindu

[1] State of U.P Vs Krishna Mater & Ors, 2010 (2) L.S 42 (SC)

[2] (1963) 2 Mad. L.J. 473.

[3] Pandurang Chandrakant Mhatre & Ors Vs State of Maharashtra, 1987 AIR 535.


[5] (1974) 4 SCC 607

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