B.A. LL.B. (Five Years) Sem 7 Criminal Law II 2018 Jun Question Paper with Solutions

For full marks, cover: what the first information report is, though the Code never uses the phrase (section 154); the essentials that make information an FIR; who may give it and how it is recorded; the duty to register (Lalita Kumari); what does not amount to an FIR: information about a non-cognizable offence, a complaint to a Magistrate, vague or cryptic messages, statements made after investigation has begun, and a second report of the same occurrence; the significance of the FIR: it starts the investigation, fixes the earliest version, and its uses and limits in evidence (Apren Joseph); delay and its effect (Thulia Kali); a table; criticism; the Bharatiya Nagarik Suraksha Sanhita, 2023; a conclusion.

What the FIR is

The Code of Criminal Procedure, 1973 does not use the words "first information report". The phrase describes the information about a cognizable offence that first reaches the officer in charge of a police station. It is recorded under section 154. It is called "first" because it is the earliest information on which the police begin to act.

Who may give it, and how it is recorded

Anyone may give the information: the victim, a witness, a relative, a stranger, a public servant, even the offender himself. The informant need not have seen the crime. The officer must record it as given and give the informant a free copy at once (section 154(2)). Information from a woman about certain sexual offences must be recorded by a woman officer. A disabled victim's statement is recorded at her home or a place she chooses, with an interpreter or special educator, and the recording is videographed. If the officer refuses to record, the informant may send it to the Superintendent of Police (section 154(3)).

The duty to register

An officer who receives information disclosing a cognizable offence has no discretion. He must register it. A preliminary inquiry is allowed only where the information does not clearly disclose a cognizable offence, and only to find out whether it does.

What does not amount to an FIR

1. It starts the investigation. On its basis, the officer reports to the Magistrate and begins to investigate (section 157).
2. It is the earliest version. It records what happened before there is time to embellish, and often names the accused and the witnesses. It is usually sent to the Magistrate at once, which guards against later changes.
3. It is not substantive evidence. It does not by itself prove the facts stated. It may be used to corroborate the informant under section 157 of the Evidence Act, or to contradict him under section 145.
4. Special uses. If the informant dies, his FIR may be a dying declaration under section 32(1) of the Evidence Act. If the accused himself gives it, any confession in it is barred by section 25. A non-confessional statement in it may be an admission.
5. Delay and omissions matter. An unexplained delay, or the omission of an important fact or name, may make the court doubt the prosecution's story.

Held. The FIR "is an extremely vital and valuable piece of evidence for the purpose of corroborating the oral evidence". Prompt reporting secures early information about the culprits and witnesses. Delay "quite often results in embellishment which is a creature of afterthought", so it must be satisfactorily explained. The unexplained delay made the witnesses unsafe, and the conviction was set aside.

Why it bears. It shows the significance of a prompt FIR and the danger of delay.

Facts. In Lalita Kumari v. Government of Uttar Pradesh, (2014) 2 SCC 1, decided on 12 November 2013, a father complained that the police took no action on his written report of his minor daughter's kidnapping. A Constitution Bench considered whether registration is mandatory.

Held. Registration of an FIR "is mandatory under Section 154 of the Code" if the information discloses a cognizable offence. In such a case "no preliminary inquiry is permissible". A preliminary inquiry is allowed only to find out whether a cognizable offence is disclosed. It suits matrimonial, commercial, medical negligence or corruption matters, or cases of abnormal delay.

Why it bears. It settles the police's duty to record the FIR.

Under the Sanhita

From 1 July 2024, section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaces section 154. Information may be given "irrespective of the area where the offence is committed", and by electronic communication, if signed within three days. For offences punishable with three to seven years, the officer may, with a Deputy Superintendent's permission, hold a preliminary enquiry of up to fourteen days. Section 174 replaces section 155.

Conclusion. The FIR is the first information of a cognizable offence recorded by the police under section 154. Its registration is mandatory, as Lalita Kumari holds. Information about non-cognizable offences, complaints to Magistrates, cryptic calls, later statements and repeat reports are not FIRs. The FIR starts the investigation and fixes the earliest version, but it is not substantive evidence, as Apren Joseph explains. Its value depends on its promptness, and unexplained delay may destroy the prosecution case, as in Thulia Kali.