FIRST INFORMATION REPORT - FIR
SECTION 154 CRPC
Zeeshan Ahmad Malik
Advocate High Court
The Legal Mentors - TLM
Statement recorded under section 151 CrPC are popularly referred to as the First
Information report
• The word FIRST INFORMATION REPORT is not mentioned in section 154
• One of the modes of setting criminal law in motion
OBJECT
(i) TO SET THE CRIMINAL LAW IN MOTION
• Primary purpose is to inform about the commission of a cognizable offence
which a police officer is empowered to investigate under section 156 CrPC
(ii) OBTAINING EARLY INFORMATION BEFORE IT IS
FORGOTTEN OR EMBELLISHED
➢ to decorate or make addition
(iii) PROTECTION OF THE RIGHT OF ACCUSED PERSON
➢ Against subsequent possible * Variation & * Addition
(iv) A VALUABLE CHECK AGAISNT IMPROVEMENTS
➢ Towards * Exaggeration & * Improvement when case is in Trial
IMPORTANCE OF FIR
(i) FOUNDATION OF CRIMINAL CASE
➢ First recorded statement of the occurrence
➢ It always forms the foundation of a criminal case and is thus of
paramount importance 1995 PCrLJ 459
(ii) CORNER STONE OF INVESTIGATION PROCESS
➢ basis of criminal case containing earliest version
(iii) LESS CHANCES OF FABRICATION
As it is statement made soon after the occurrence
➢ The memory of the complainant is fresh
➢ It is unlikely that he had opportunities for fabrication
(iv) COMPARISON BETWEEN FIRST RECORDED VERSION AND
STORY/VERSION AT THE TRIAL
➢ Helps the court in noting the conflict
➢ Comparison between two such versions is not only permissible but
imperative PLD 1964 Dacca 710
ESSENTIALS OF FIR
A document to be treated as FIR must be
1. An Information
2. It must relate to the commission of a cognizable offence
3. Information may be given orally or in writing
4. It must be reduced to writing
5. It must be read over to the informant
6. It must be signed by the informant
7. Its substance should be entered in a book by the police in
charge of the police station in the prescribed form.
8. It must be given to the officer incharge of the police
station
9. It can be written by him or any other officer under his
directions
QUESTIONING THE INFORMANT BY SHO
Police Rule 24(1)(4)
The police officer receiving the information may question the informant to find out
1. His source of information
2. About names of the offenders
3. Names of witnesses
4. Whether the informant himself was a witness
NO PRELIMINARY INQUIRY PERMISSIBLE
No preliminary inquiry permissible before registration of FIR
1999 PCrLJ 1645
NO HEARING OF ACCUSED BEFORE
REGISTRATION
Police officer is not required to first give a hearing to the accused named in the
complaint before recording FIR
PLD 2000 Lahore 208
PROCEDURE FOR REGISTRATION
2000 YLR 2294
➢ Before recording FIR, a report in Daily Diary of the police station
is recorded
➢ Its number, date and time is specifically mentioned in column I of
FIR
➢ After FIR is recorded another report is entered by the officer
concerned that the FIR stood registered
WHETHER SHO HIMSELF CAN BE A
COMPLAINANT
Police Rule 24(1)(2)
Police officer can also record on his own
➢ When he has reason to suspect the commission of an offence
➢ When he himself is an eye witness
WHEN AND WHERE TO BE RECORDED
Must be recorded in Police Station
➢ Recording of information outside Police Station is disapproved by
High Court 1987 PCrLJ 1817
STATUTORY DUTY OF POLICE OFFICER
➢ Any police officer failing to record such report can be dealt with
under Police Order for neglect of Duty
➢ The guarantee of correctness of information is provided by
Section 182 PPC
WHAT IS NOT AN FIR
➢ Entry in Roznamcha
➢ Supplementary statement
➢ Telephonic message
➢ SMS
REGISTRATION OF SECOND FIR
(i) PLD 1997 KARACHI 119 MURDER OF MURTAZA BUTTI
CASE - 3 FIRs
➢ First FIR by police officer
➢ Second FIR by a private servant after days of the occurrence
➢ Third FIR by Mrs Ghanwa Butto by widow of deceased
➢ Decision was upheld by Supreme Court 2001 SCMR 1556
(ii) LATEST VIEW P L D 2018 Supreme Court 595
No separate FIR was to be recorded for any new version of the same incident brought to
the notice of the investigating officer during the investigation of the case---All
subsequent or divergent versions of the same occurrence or the persons involved therein
were to be received, recorded and investigated by the investigating officer in the same
"case" which was based upon the one and only FIR registered in respect of the relevant
"offence" in the prescribed book kept at the local police station
CONTENTS OF FIR
(i) NOT AN EXHAUSTIVE DOCUMENT
(ii) 1997 PCRLJ 2091
OBTAINING COPIES OF FIR
➢ Public document
➢ Copy can be obtaining
➢ Admissible in evidence
SEALING OF FIR
➢ Cant be sealed on direction of any executive authority
PLD 1997 Lahore 659
EVIDENTIARY VALUE OF FIR
(i) VALUE DEPENDS ON CIRCUMSTANCES OF EACH CASE
➢ Nature of crime
➢ Position of the informant
➢ The opportunity of the informant in witnessing the occurrence
(ii) IF RECORDED AFTER PRELIMINARY INVESTIGATION
➢ Loses all sanctity
FIR NOT RECORDED AT POLICE STATION
➢ Presumption that it was recorded after preliminary investigation
➢ Authenticity doubtful
(iii) FIR NOT LODGED BY EYE WITNESS
(iv) NOT A SUBSTANTIVE PIECE OF EVIDENCE
(a) Use by prosecution
(b) Use by defense
(c) No corroboration of the statement of any other witness
(v) IRREGULARITY IN RECORDING FIR
➢ Would not throw away the case of the prosecution entirely
(vi) PROMPTNESS IN REGISTRATION OF FIR
(vii) DELAY IN REGISTRATION OF FIR
