FIRST INFORMATION REPORT (FIR)

Definition:
“Every information relating to the commission of a cognizable offence which is given first in the
point of time on which investigation is commenced by the police officer.”

Relevant Provision:
Section 154 of Criminal Procedure Code (CrPC), 1898.

Contents of FIR:
1. Police Station
2. Offence complained of
3. Date, time, place of commission of offence
4. Date of recording FIR
5. Name of informant
6. Name of suspected person
7. Distance of place of occurrence from police station
8. Signature of person who recorded FIR
9. Short story
10. Action of police (investigating officer appointed for investigation)

Elements of FIR:
1. Every information relating to the commission of,
2. Cognizable offence
3. Oral or written (mode of submitting statement)
4. Reduced into writing (if oral)
5. Read over to the informant
6. Signature of informant
7. Record to be maintained in prescribed book

Exceptions:
Offences against women under section 336-B, 354, 354-A, 376, 509 of Pakistan Penal Code
(PPC), 1860.
(police is duty bound to go to her place and in presence of female police or female family
member take or record her statement and victim need not to go to police station to submit her
statement)
If the cognitive offence falls under these provisions, the statement must be recorded by an
investigating officer in the presence of a female officer or in the presence of a female family
member or another person with the complainant’s consent. If the woman is distressed, the
recording must take place at her residence or another place of her choice, in a similar presence
and with her consent.

Object of FIR:
1. To set the criminal justice system to motion
Mir Muhammad v State (2013 MLD 1609)
“Main object of S.154 was to give information of cognizable offence to the Station House
Officer to set the machinery of law into motion.”
2. To convey information about the commission of cognizable offences.

Who may lodge FIR?

Any person (aggrieved party, person having no interest, police as informant).
Eidan Khan v SHO Police Station kambhra (2013 PCrLJ 1883)
“FIR can be lodged by any person whether he has got interest in the matter or not.”

Time of recording FIR

After the determination or commission of cognizable offence which is serious in nature and
where police can arrest without warrant and without the order of magistrate can start the
investigation. Innocence or guilt will be decided by court. (2nd schedule column 3rd tells about
whether offense is cognizable).

FIR is a public document

It is open for all.
 Hakim Ali v Pakistan Herald Publications (pvt.) Ltd (PLD 2007 Kar. 415)

“Every person has the right to get or take a copy of the FIR. It is not a privileged document. A
public document is the property of the public and public have every right to know the contents of
the public documents viz. F.I.R.”

Defect in FIR:
If the defect in the FIR is not substantial—such as a minor clerical or typographical error—and
does not affect the material facts of the case, it has no bearing on the validity of the FIR or the
investigation. It is not fatal.
2006 PCRLJ 191

Effect of FIR:
The general rule is that FIR does not have any evidentiary value. It only creates doubt or
contradiction (contradictory evidence).
Ahmed Ali v State (2007 PCrLJ 372)
“Registration of a case does not mean that the person against whom allegations are levered are in
fact guilty of offence. FIR is neither substantive evidence nor an exhaustive document. It may be
used to support or contradict the statement of the person who gave the information.”

Delay in FIR:
If there is a delay in the lodging of an FIR without any plausible or reasonable cause, such delay
can be fatal to the prosecution's case, rendering it doubtful. It casts serious doubt on the
credibility of the prosecution’s version, potentially rendering the case fabricated, bogus, or false.
In such circumstances, the benefit of doubt goes to the accused.
Mst. Asia Bibi v State (PLD 2019 SC 64)
“In the absence of any plausible explanation, the Supreme Court has always considered a delay
in lodging of FIR to be fatal, and it casted a suspicion of the prosecution story, extending the
benefit of doubt to the accused.”

Dying declaration as FIR:

It can be treated as FIR. It can be used as a substantive piece of evidence.

Use of FIR in bail cases:

Though FIR is not a substantive piece of evidence but it can be used for some other purposes like
while considering the question of grant of bail, the court generally refers to the FIR in order to
find out whether the accused was nominated in the FIR and if so, what overt act was attributed to
him in respect of alleged crime.

Obligation of police to record FIR:

Malka Jan v Inspector General of Police, Peshawar (2000 PCRLJ 320)
“Police are duty bound to register FIR After commission of cognizable offence and refusal to
register case is out of question.”

Quashment of FIR:
The quashment of an FIR refers to the cancellation or nullification of the First Information
Report when it is found to be frivolous, baseless, or an abuse of legal process. Partial quashment
is not allowed. There are 3 types of authorities who can quash the FIR.

● The High Court has inherent powers under Section 561-A CrPC to quash an FIR or
criminal proceedings to prevent abuse of process of law or to secure the ends of justice.
The grounds for quashment by High Court include: FIR is malicious or based on false
allegations, allegations do not disclose any cognizable offence, FIR is lodged with
ulterior motives, like personal enmity. In short, FIR is baseless.

● A Magistrate under the CrPC does not have the power to quash an FIR. However, after
submission of the police report under Section 173 CrPC, the Magistrate can discharge the
accused if no sufficient ground for proceeding is found under Section 63.

● Section 169 does not give police the power to quash an FIR, but it does allow the police
to release the accused during investigation if there is no sufficient evidence against them.
Alternative Remedies:
When the police refuse to lodge an FIR,
● An application can be filed before the Justice of Peace under Sections 22-A and 22-B of
the Criminal Procedure Code, seeking directions to the police for registration of the FIR.
● Under the Punjab amendment, can file an application to SP.
● If the FIR is subsequently lodged but the complainant is not satisfied with the police
action, a private complaint may be filed before the Magistrate under Section 200 CrPC,
regardless of whether the offense is cognizable(pakki report) or non-cognizable(report in
roznamcha, kachi report). However, it is important to note that an FIR is registered only
in cases involving cognizable offenses.

SECOND FIR (SIR):

Gulzar Ahmed v Mushtaq Ahmed (PLD 1998 Lah. 111)
“Second FIR can't be lodged regarding the same occurrence but registration of a 2nd FIR
embodying the counter-version of a case is neither legally barred nor can be refused to be
registered.”
Mst. Sughran Bibi v State (PLD 2018 SC 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.”
● The concept of second barred after Sughran bibi case in 2018.
● Here is a refined version of your sentence:
● A counter version of the incident can be presented to the police during the
recording of a statement under Section 161 of the Criminal Procedure Code, as
lodging a second FIR is barred following the precedent set in the Sughran Bibi
case.
● An investigation cannot be concluded solely on the basis of the First Information Report
(FIR); it must be substantiated by witness statements recorded under Section 161 of the
Criminal Procedure Code in order to attain legal validity and completeness.

Zero FIR:
Zero FIR is a type of First Information Report (FIR) that can be filed at any police station,
regardless of the location where the offense took place. A Zero FIR is an FIR that is registered
without assigning a FIR number (i.e., ‘zero’) and is later transferred to the police station that has
jurisdiction over the area where the crime actually occurred. Zero FIR is designed to ensure that
immediate action is taken, especially in serious or urgent cases. It allows victims to report the
crime without delay, regardless of geographical jurisdiction. The police must register a Zero FIR
—that is, an FIR without a case number—and then transfer it to the police station that has
jurisdiction. This ensures prompt recording of the complaint, preserving evidence, and starting
the investigation without waiting for jurisdictional clarity.