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The section speaks of information relating to the commission of a cognizable offence given to an officer in charge of a police station”. “Section 154 does not require that the Report must be given by a person who has personal knowledge of the incident reported. In regard to who can file an FIR, the Apex Court of India has observed that
As per the laws laid down u/s 154 of the Cr.P.C., the complainant can give information about the offence either in written or orally.
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154 of the Code”.Ĭlick here for free materials! Who Can Lodge an FIR?įIRs can be registered by a victim, a witness or someone else with knowledge of the crime.
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“After all registration of FIR involves only the process of entering the substance of the information relating to the Commission of a cognizable offence in a book kept by the officer in charge…as indicated in Sec. “ Information given under sub-section (1) of Section 154 of Cr.P.C., is commonly known as the First Information Report (FIR), though this term is not used in the Code….And as it’s nick name suggests, it is the earliest and the first information of a cognizable offence recorded by an officer in charge of a police station”. , laid down certain important points regarding Sec. The Hon’ble Supreme Court of India, while delivering its judgment in the matter of T.T.Antony vs. “ Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read Over to the informant and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf”. The definition for the First Information Report has been provided in the Code of Criminal Procedure, 1973 by the virtue of Sec. A First Information Report is the initial step in a criminal case recorded by the police and contains the basic knowledge of the crime committed, place of commission, time of commission, who was the victim, etc. The basic purpose of filing a FIR is to set criminal law into motion and not to state all the minute details therein. In this blog post, Vinit Kumar, a Third Year student of Law from NLU, Odisha, analyses the concept of “FIR and police complaints” and it’s importance in the Indian legal system.
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