First Information Report

A First Information Report (FIR) is the earliest information recorded by the police about the commission of a cognizable offence. Under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023, such information may be given orally or electronically and may be recorded irrespective of where the offence occurred.

Registration and commencement of investigation

The FIR formally sets the criminal investigation process in motion, but it is not a judicial finding that an offence has been proved.

• In Lalita Kumari v. Government of Uttar Pradesh, the Supreme Court held that registration is mandatory when the information discloses a cognizable offence; a preliminary inquiry is permissible only in limited situations to determine whether such an offence is disclosed.
• Information may be recorded irrespective of territorial jurisdiction, commonly called a Zero FIR, and later transferred to the competent police station.
• A copy of the recorded information must be supplied promptly and free of cost to the informant or victim.
• If the police station refuses to record the information, the informant may approach the Superintendent of Police and thereafter the Magistrate through the statutory procedure.

Evidentiary significance

An FIR is not substantive evidence and cannot by itself establish guilt. Its principal value is that it records the earliest version of the occurrence and assists investigation.

• It may be used to corroborate or contradict its maker in accordance with the law of evidence.
• Delay, omissions or inconsistencies may affect its evidentiary weight, but their effect depends upon the facts and any satisfactory explanation.
• Naming a person in an FIR neither makes that person guilty nor substitutes for investigation, trial and proof beyond reasonable doubt.

FIR and termination of proceedings

An informant cannot unilaterally withdraw an FIR because prosecution of an offence is governed by statutory procedure, not merely by the wishes of the parties.

• Police may submit a closure report after investigation, but the competent Magistrate decides whether to accept it or proceed further.
• Proceedings may end through legally recognised routes such as compounding, withdrawal from prosecution with the court's consent, discharge, acquittal or quashing by the High Court.

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