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F.I.R. (First Information Report)

F.I.R. (First Information Report)

Relevant Provision
Section 154 CrPC deals with the topic of FIR (First Information Report)

Object
* To inform about the commission of a cognizable offence
* To police officer
* Empowered to investigate the case
* To obtain first-hand information
* To set the criminal law in motion
* To collect evidence for tracing
* Bringing the culprits to justice.

Modes of information
1. Oral
a. To S.H.O.
b. Reduced in writing
c. Read over to the informant
d. Signed by the informant
e. Entry in Roznamcha (Daily Diary)

2. Written
a. To S.H.O.
b. Reduced in writing as it is
c. Signed by the informant
d. Entered in Roznamcha (Daily Diary)

Who may lodge an F.I.R.?
Ä Any citizen can lodge an F.I.R.
Time of the recording of an F.I.R.
After determination about the commission of a cognizable offence the police office shall record an F.I.R.

F.I.R in non-cognizable cases
Ü Entry in Roznamcha (Daily Diary)
Ü Information to the magistrate and seek cognizance if necessary
Ü After cognizance he will proceed as an F.I.R. of a cognizable case

Investigation in cognizable offence
There is no need of information to area magistrate for seeking cognizance for investigation in cognizable cases. The code provided powers to investigate a cognizable case without the order of magistrate.

Effect of an F.I.R.
a. Neither substantive evidence
b. Nor exhaustive document
c. May be used to suspect or contradict the evidence of the informant

In bail cases
1. Nomination
2. Attribution

F.I.R. as dying declaration
Ü Substantive evidence

Statutory obligation
It is mandatory for the police officer that whenever he is informed about a cognizable case either oral or in written, he has to record it in the same manner as prescribed by the code.

Remedy against refusal
֎ Writ petition under Article 199 of the constitution of Pakistan in High Court
֎ Petition under section 22 A,B CrPC in session court.

Second F.I.R.
v Cannot be lodged
v Cross version not legally barred

Contents of an F.I.R.
Ø Serial no.
Ø Police station
Ø Date and time of occurrence
Ø Place of occurrence
Ø Date of recording F.I.R.
Ø Name and address of informant
Ø Distance of the place of occurrence from the police station
Ø Signatures/thumb impression of complainant
Ø Signatures of the person who recorded F.I.R.

Quashment of F.I.R.
F.I.R can be quashed under section 561-A CrPC but only by High Court. The instances of quashment of F.I.R. may be
1. Lawful marriage between adults
2. Matter of civil nature
3. Evidence not sufficient

Essentials
ü Cognizable offence
ü Reduced in writing
ü Signed by informant
ü Entered in police diary

Evidentiary value
It is a maxim that “Ipsi Dixit of police is inadmissible”, meaning thereby that the police report is not binding upon the courts. But it is also a fact that we don’t have any other investigating agency or institution other than police so courts can rely upon the F.I.R. if they are in corroboration with the prosecution evidence. In short, the F.I.R. is a weak type of evidence.

Importance in criminal cases
F.I.R. is the substantive tool to set the law into motion, it is the investigation which proves or disproves its worth whether it is based on truth or not. It is neither substantive evidence nor an exhaustive document and it may be used to suspect or contradict the evidence of the informant.

Second F.I.R.
There is neither any provision of second F.I.R. in the code nor it is described in it. However, the cross version is not barred by the accused party.

Cross version to be treated as an F.I.R.
When the cross version is recorded by the accused party, it shall be treated as an F.I.R.

Registration of two or more F.I.R.s
The code does not allow for registration of two or more F.I.R.s of the same occurrence.

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