First Information Report

A First Information Report (FIR) is the information first recorded by police under the statutory procedure concerning the commission of a cognizable offence. It initiates the criminal investigation process but is neither a judicial finding nor proof that the alleged offence occurred.

Registration and preliminary inquiry

Under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023, information may be given orally or electronically, irrespective of where the offence occurred. For an offence punishable with three years or more but less than seven years, police may, with prior permission of an officer not below the rank of Deputy Superintendent of Police, conduct a preliminary inquiry within 14 days to ascertain whether a prima facie case exists, having regard to the nature and gravity of the offence.

• In Lalita Kumari v. Government of Uttar Pradesh, the Supreme Court held that registration is mandatory when information clearly discloses a cognizable offence; an inquiry may only determine whether such an offence is disclosed.
• The Court identified illustrative situations such as matrimonial disputes, commercial offences, medical negligence, corruption and cases involving abnormal delay in reporting.
• Information recorded outside the competent territorial jurisdiction is commonly called a Zero FIR and may later be transferred.
• A free copy must be supplied promptly to the informant or victim; refusal may be taken to the Superintendent of Police and thereafter to the Magistrate.

Evidentiary significance

An FIR is not substantive evidence and cannot independently establish guilt.

• It may be used to corroborate or contradict its maker according to the law of evidence.
• Delay, omissions and inconsistencies may affect its weight, depending on the facts and any satisfactory explanation.
• Naming a person does not replace investigation, trial and proof beyond reasonable doubt.

How proceedings may end

An informant cannot unilaterally withdraw an FIR because prosecution is governed by statutory procedure.

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