ADVANCED CRIMINAL

PROCEDURE I
LAW 601/546
DR NADZRIAH AHMAD
FACULTY OF LAW, UITM, SHAH ALAM
FIRST INFORMATION REPORT

Dr Nadzriah Ahmad, Faculty of Law, UITM Shah Alam 1

 OBJECTIVES OF THE LECTURE
• To identify the key provisions governing the First information Report (FIR) in
the criminal proceedings.
• To examine the important aspects of First Information Report (FIR) and to
distinguish First Information Report (FIR) and Non First Information Report
(Non FIR).
• To examine the importance of First Information Report (FIR) during the trial
proceedings and its admissibility in the criminal proceedings.

Dr Nadzriah Ahmad, Faculty of Law, UITM Shah Alam 2

 INTRODUCTION TO FIRST INFORMATION REPORT

• Anuar Abdul Azis v PP [2005] 6 CLJ 309

• A FIR serves as a complaint to the police to set the criminal law in motion
and seeks to obtain early information of alleged criminal activity and to
record the circumstances before the information get forgotten or
embellished (per Lord Porter in Emperor v Khwaja Nazir Ahmad AIR 1945 PC
18 at 20 as referred to in Balachandran v PP [2005] 1 CLJ 85).
• PP v Muhammad Musa Amarullah (2002) 1 MLJ 561
• FIR serves to activate the investigative function of the police and forms the
basis to commence a full throttled investigation.
Dr Nadzriah Ahmad, Faculty of Law, UITM Shah Alam 3
 KEY PROVISIONS GOVERNING FIR
• The key provisions governing FIR are encapsulated in Section 107 of the CPC
• Take note of Sections 107 (1) and (2) of the CPC
• PP v Leonard [1960] 1 MLJ 13-Distinction is made between the term “information” and
“complaint” (cross refer to Section 2 of the CPC)
• Tan Cheng Kooi & Anor v PP [1972] 2 MLJ 115
• FIR should be recorded at the earliest opportunity
• Take note also of Sections 107 (3) and (4) of the CPC
• Section 107A of the CPC: Vested the rights of an informant to be informed about the status
of the FIR lodged.
• Who is under an obligation to provide information under Section 107 of the CPC?
• Reference can be made to Section 13 of the CPC

Dr Nadzriah Ahmad, Faculty of Law, UITM Shah Alam 4

 IMPORTANT ASPECTS OF FIR
• What consist in FIR?
• Tan Ping Seng v PP (1988) 1 SLR 418, PP v Nyuk Min & Anor (1995) 3 MLJ 642-FIR consists of
brief, factual details such as date, time and place where the alleged crime took place
• Herchun Singh & Others v PP [1969] 2 MLJ 209- It does not have to consist of elaborate details of
the alleged offence, the circumstances of the offence and the names of the offenders
• What is the significance of FIR?
• Balachandran v PP [2005] 2 MLJ 301- The evidentiary value of the FIR is only to contradict the
testimony of a witness (Section 145 of the Evidence Act) or to corroborate the testimony
(Section 157 of the Evidence Act)
• Tan Cheng Kooi & Anor v PP [1972] 2 MLJ 115-FIR is not a substantive piece of evidence. It can be
used by way of corroboration or contradiction, as highlighted in the case above.

Dr Nadzriah Ahmad, Faculty of Law, UITM Shah Alam 5

 IMPORTANT ASPECTS OF FIR
• Distinction between FIR and Non First Information Report (Non FIR)
• PP v Mohamad Musa Amarullah (2002) 1 MLJ 561-FIR is the first information received
pertaining to the commission of an offence.
• A report is not FIR if the report is made after investigation (Vijayaratnam v PP [1962] 1 MLJ
106), if the report is made at the end of police investigation (Chee Chi Tiam v PP [1982] 1
MLJ 88) and after arrest has taken place (PR v Kang Ho Soh [1992] 1 MLJ 360.
• The distinction above is important to be made to prevent instances of concoction to the
facts of the case.
• Omission of the particulars in the FIR
• The Court will examine the accuracy of the FIR by looking into the credibility and
truthfulness of the witness or complainant to a certain extent: Lee Ah Seng & Anor v PP
[2007] 6 MLJ 1
• The Court will also look into the nature of omission. FIR is not a substantive evidence and
omission will not ipso facto lead to the case being thrown out: Herchun Singh & Others v PP
[1969] 2DrMLJ 20
Nadzriah Ahmad, Faculty of Law, UITM Shah Alam 6
 PRODUCTION OF FIR DURING TRIAL
• FIR
• Ooi Hock Leong v R [1955] MLJ 229 • Non FIR
• The production of FIR in practise is always • PP v Foong Chee Cheong[1970] 1 MLJ 97
produced as part of the Prosecution’s case • The FIR is not a condition precedent to start
• Tan Cheng Kooi & Anor v PP [1972] 2 MLJ 115 criminal investigations. Hence, failure to
reduce FIR into writing is not a ground to
• Even though in practise FIR is always produced throw out a case.
and proved in criminal trials, FIR is not a
substantive piece of evidence. It can be used • General principles derived from the case:
by way of corroboration or contradiction. • If FIR is reduced into writing after the
• Balachandran v PP [2005] 2 MLJ 301 commencement of investigations (Non FIR), it
is not admissible in evidence but can be used
• While in practise the FIR is produced during to impeach the credit of the person making it.
trial, the production of FIR is not significant
where the cases do not require corroboration • Therefore, Section 114 (g) of the Evidence Act
of witness testimony. cannot be invoked

Dr Nadzriah Ahmad, Faculty of Law, UITM Shah Alam 7

 PRODUCTION OF FIR DURING TRIAL
•
•
FIR
When can the non production of FIR be fatal to the
• Non FIR
Prosecution’s case?
• PP v Mansor Abdul Rashid [1977] 1 CLJ 233
• PP v Abdul Razak bin Johari [1991] 1 MLJ 105
• Informant is a fundamental and important witness and • The non production of Non FIR during trial
the case rest solely on the FIR. does not attract adverse inference under
• Balachandran v PP [2005] 2 MLJ 301 Section 114 (g) of the Evidence Act
• The evidence made by a single witness who made the
FIR is vague • PP v Lee Eng Kooi [1997] 2 MLJ 22
•
•
Tan Cheng Kooi & Anor v PP [1972] 2 MLJ 115
The non tendering of FIR in the above circumstances
• Arrest report is accepted as exhibit in
would enable the Court to invoke Section 114 (g) of the order to determine the consistency and
Evidence Act against the Prosecution.
truthfulness of the witness.

Dr Nadzriah Ahmad, Faculty of Law, UITM Shah Alam 8

 THE ADMISSIBILITY OF FIR

• Section 108A of the CPC

• Balachandran v PP [2005] 2 MLJ 301
• A copy of the FIR that is certified by the Officer in charge of the police district is admissible as evidence of the contents of the
original FIR and its evidentiary evidence would remain similar as that of the original.
• However, in the following cases, the Court held that Non FIR is not admissible under Section 108A of the CPC
• Pendakwa Raya v Kang Ho Soh [1992] 1 MLJ 360
• Pendakwa Raya v Ismail bin Atan [1992] 2 CLJ 1253
• PP v Rohani Ahmad & Ors [1997] 2 CLJ 448
• Rights of the accused person to a copy of FIR before the commencement of the trial is vested in Section 51A of the CPC

Dr Nadzriah Ahmad, Faculty of Law, UITM Shah Alam 9

 THANK YOU

Dr Nadzriah Ahmad, Faculty of Law, UITM Shah Alam 10