What is FIR? FIR under New Criminal Laws

Sec. 174 of Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS) (Sec. 154 CrPC) deals with the First Information Report (FIR) i.e. first information of a cognizable crime to the police. FIR is not defined in the Criminal Law, but it means information relating to the commission of a cognizable offence given to the police first in point of time. An FIR is a super important document as it starts the motion of criminal procedures. And the police begin investigating a case only after the FIR is filed.

With the introduction of the BNSS, new provisions havebeen brought to the FIR process, such as 0-FIR, e-FIR and preliminary enquiry. So in this blog, you will understand everything about FIR, why and how it is filed, what if it is refused, its evidentiary value, Zero-FIR, E-FIR and changes in FIR under new criminal laws in the easiest way, so let's get started!

What is an FIR? Sec. 173 BNSS (CrPC 154)

FIR is a report of information that reaches the police first, and that is why it is called the First Information Report. So as per Sec. 173 of Bharatiya Nagarik Suraksha Sanhita 2023, FIR is any information relating to the commission of the cognizable offence given to a police officer 

Here are some key points to note regarding FIRs:-

1. It is a written document prepared by the police when they receive information about the commission of a cognizable offence.

2. It is generally a complaint lodged with the police by the victim of a cognizable offence or by someone on his/her behalf.

3. Anyone can report the commission of a cognizable offence either orally or in writing to the police. Even a telephonic message can be treated as an FIR.

Note: The Entire list of types of offences- Cognizable, Non-Cognizable, Bailable, Non-Bailable, with their punishments are given in the 1st Schedule of the Bharatiya Nyaya Sanhita 2023(the Indian Penal Code 1860) under the head 'CLASSIFICATION OF OFFENCES'

Did you Know? The term FIR is not defined in the Bharatiya Nyaya Sanhita(BNS) 2023 /Indian Penal Code (IPC) 1860, Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023/ Code of Criminal Procedure (CrPC) 1973, or in any other law. But, information recorded under S. 174 of BNSS/ S. 154 of CrPC is known as FIR. And only in sec. 230 of BNSS 'First Information Report' is mentioned. 

In order to qualify as an FIR under Sec. 173 BNSS/Sec 154 CrPC, the following essentials need to be fulfilled:

• It is an information relating to the commission of a cognizable offence;

• It is given by the informant either orally or in writing;

• If given orally, it should be reduced to writing by the officer in charge of a police station or under his direction and if given in writing or reduced to writing shall be signed by the person giving it;

• The substance of the information shall be entered in a book in such form as the State Government may prescribe on this behalf. This book is called 'General Diary'.

• And then must be written down & signed by the informant, and its key points should be recorded in a daily diary;

• At last copy of the FIR will be provided to the informant. And then FIR is registered.

What happens after an FIR is filed? 

1. The police will investigate the case and collect evidence in the form of statements of witnesses or other scientific materials. They can also arrest the alleged persons as per the law. 

2. If sufficient evidence exists to corroborate the complainant's allegations, a charge sheet will be filed. Otherwise, a Final Report mentioning that no evidence was found will be filed in court. 

3. If no offence has been committed, a cancellation report will be filed. 

4. If no trace of the accused persons is found, an 'untraced’ report will be filed. 

5. However, if the court does not agree with the investigation report, it can order further investigation. 

Proviso of Sec. 173 of BNSS

So sec. 173 of BNSS has 2 Provisos for specific situations:

1. For Women Victims: If the information relates to offences against women under certain sections of the Bharatiya Nyaya Sanhita, 2023, (like stalking, rape, etc.) the recording must be done by a woman police officer or any woman officer. This ensures sensitivity and support for female victims.

2. For persons with disabilities: The information must be recorded at their residence or another convenient location, with an interpreter or special educator present if needed. The recording should be videographed for accuracy, and the statement must be recorded by a Judicial Magistrate as soon as possible for official documentation.

Difference between FIR, Complaint and Police Report

Is registration of FIR Mandatory? Lalita Kumari v. the State of U.P.

In this case, Lalita Kumari, a minor, filed a writ petition under Article 32 of the Indian Constitution through her father, Shri Bhola Kamat, seeking a Writ of Habeas Corpus to protect his kidnapped daughter. The petitioner's grievance was that, on May 11, 2008, he submitted a written report to the officer in charge of the police station, but no action was taken. The FIR was only registered after the Superintendent of Police was transferred. The complainant claimed that no steps were taken to either prosecute the kidnapper or rescue the minor child.

In the judgement of Lalita Kumari v. Govt. of U.P (W.P.(Crl) No; 68/2008), the Supreme Court provided important guidelines on the registration of FIRs

Supreme Court's Guidelines for FIR Registration:

1. Mandatory Registration: If the information indicates a cognizable offence, the police must register an FIR immediately under Sec 154 of CrPC. No preliminary inquiry is allowed in such cases.

2. Preliminary Inquiry: If the information does not clearly indicate a cognizable offence but suggests the need for further investigation, a preliminary inquiry can be conducted. This is to determine whether a cognizable offence is involved.

3. Outcome of Inquiry: If the preliminary inquiry finds that a cognizable offence has occurred, an FIR must be registered. If the inquiry leads to closing the case, the informant must receive a copy of this decision within one week, including a brief explanation for the closure.

4. Duty of Police: Police officers must register an FIR when a cognizable offence is apparent. Officers who fail to do so should face disciplinary action.

5. Scope of Preliminary Inquiry: The purpose of a preliminary inquiry is to verify if the information discloses a cognizable offence, not to determine its truthfulness.

6. Types of Cases for Inquiry: Preliminary inquiries may be appropriate in cases such as matrimonial disputes, commercial crimes, medical negligence, corruption, or significant delays in reporting. This list is illustrative, not exhaustive.

7. Time Frame: Preliminary inquiries should be completed within 7 days. Any delays must be recorded in the General Diary.

8. General Diary: All information about cognizable offenses, whether resulting in an FIR or leading to an inquiry, must be meticulously documented in the General Diary. The decision to conduct a preliminary inquiry should also be recorded.

What if the police refuse to register an FIR? 

1. If a police officer refuse file an FIR, the aggrieved person can send the complaint to the Superintendent of Police(SP)/Deputy Commissioner Police (DCP) (S.173(4) of BNSS/ S. 154(3) CrPC). If the SP/DCP is satisfied that such information discloses the commission of a cognizable offence, they will either investigate the case, or direct an investigation by a subordinate police officer. 

2. If the FIR is still not registered, the aggrieved persons can file a complaint before a Magistrate (S. 175(3) BNSS/ S. 156(3) CrPC). If the Court is satisfied that a commission of cognizable offence happened, it will order the police to register the FIR and start an investigation.

Evidentiary Value of FIR

FIR is not a substantive piece of evidence. FIR is not an evidence of the facts that is mentioned in it. Being not recorded on oath, neither do such statements are the product of cross-examination in a court of law, making an FIR not a substantial piece of evidence. The only exception is the dying declaration.

Here's how its evidentiary value is generally understood:

A. Non- Accused:

• Corroborative Evidence (s. 160 BSA/ s. 157 Evidence Act): The FIR can be used to corroborate the testimony of the person who filed it. If the person testifies in court, the FIR can support their account of the events. 
• Contradictory Evidence: If the FIR contradicts the evidence presented later in the trial, it can be used by the defense to challenge the credibility of the witness or the prosecution's case.

B. Accused: 

• Confessional Statement: If the FIR contains a confession by the accused, it is generally inadmissible as evidence against them in court (sec. 23 of BSA) 
• Non-Confessional: In cases where the FIR does not contain a confession, it can serve as corroborative evidence. The non-confessional FIR primarily records the incident and the accused's alleged involvement but does not contain any admission of guilt by the accused.

What is Zero-FIR?

A zero-FIR is an important provision that allows anyone to report a crime at any police station, irrespective of where the incident occurred. Here's how it works:

Report Anywhere: A Zero-FIR can be lodged at any police station, and they must then transfer the documents to the police station with jurisdiction over the crime scene.

Investigation Begins: Once transferred, the jurisdictional police station will number the FIR and start the investigation.

Legal Provision for Zero-FIR

In BNSS, Section 173 replaces the old Section 154 of the CrPC. It says that:-

Reporting a Crime Anywhere: Information about a cognizable offence (a serious crime that police can arrest without a warrant) can be reported regardless of where it happened.

Ways to Report:

1. Orally:

• If the crime is reported orally, the police officer must write it down.
• The officer must then read the information back.
• The written information must be signed to confirm it.

 2. Electronically:

• If the crime is reported through electronic communication, it must be recorded by the police.
• The electronic report needs to be signed within 3 days for it to be officially recorded.

Historical Context:

• The concept of Zero-FIR is not new and was recommended by the Ministry of Home Affairs in 2015 for crimes against women.

• The Courts have also supported the registration of Zero-FIR in several cases, emphasising the duty to record information about cognizable offences and forward it to the appropriate police station.

• Now, BNSS makes it a legal provision to allow zero-FIR.

Do you know how the new CrPC is different from the old CrPC? Read the full article to know in-depth.

What is E-FIR?

Section 173 of BNSS allows for the registration of FIRs electronically. Here’s a brief overview of how e-FIR works:

Step 1: Initiation: A complainant can submit a complaint electronically through the official police e-FIR portal, police website, or any electronic communication. This includes providing personal details, incident specifics, and supporting documents.

Step 2: Verification and Preliminary Enquiry: The submitted e-FIR is forwarded to the investigation officer for initial verification. If the offence is punishable with imprisonment for three to seven years, a preliminary enquiry may be conducted within 14 days with permission from a higher-ranking officer.

Step 3: Registration within 3 days: If the complaint is sent electronically, it must be signed by the complainant within three days for it to be officially registered as an FIR. This ensures timely action by the police.

Step 4: Copy of FIR: A free copy of the FIR must be provided to the informant or victim immediately after it’s recorded, as per BNSS Section 173(2).

Step 5: Assignment and Investigation: The Station House Officer (SHO) reviews the FIR and assigns it to an investigating officer, who then conducts the investigation following standard procedures.

Parliamentary Review:

The Parliamentary Standing Committee on Home Affairs recognized the positive impact of online FIR registration but suggested regulating it through specified modes to avoid technical and logistical challenges. Despite this, the BNSS was passed without including the recommended regulatory clause.

Do you know the difference between FIR & Complaint? Read here!

Preliminary Enquiry Under Section 173(3) of BNSS

Section 173(3) of BNSS introduces a statutory recognition to the preliminary enquiry for specific cases. This applies to offences punishable with imprisonment for 3 to 7 years.

Such an enquiry must be conducted with prior permission from an officer, not below the rank of Deputy Superintendent of Police.

A. Timeframe for Preliminary Enquiry:

• The preliminary enquiry must be completed within 14 days if a prima facie case is identified.
• If a prima facie case already exists, the officer must proceed directly with the investigation.

B. Section 173(3) says:

     - Upon receiving information about the commission of a cognizable offence punishable by 3 to 7 years:

       - With permission from a Deputy Superintendent of Police, considering the offence's nature and gravity:

         (i) Conduct a preliminary enquiry within 14 days to ascertain a prima facie case.

         (ii) Proceed with the investigation if a prima facie case is already established.

C. Supreme Court Ruling in Lalita Kumari v. Government of Uttar Pradesh:

• The Supreme Court mandated that registering an FIR is obligatory if it discloses the commission of a cognizable offence.
• No preliminary enquiry is permissible if a cognizable offence is evident.
• If the information doesn't clearly disclose a cognizable offence but suggests the need for an enquiry, a preliminary enquiry may be conducted to ascertain whether a cognizable offence is revealed.

D. Scope of Preliminary Enquiry:

• According to Lalita Kumari, the purpose of a preliminary enquiry is to determine if the information indicates the commission of a cognizable offence.
• The new provision sets the threshold for conducting a preliminary enquiry to establish a prima facie case.

E. Categories for Preliminary Enquiry (Lalita Kumari): Preliminary enquiry can be conducted in specific categories of cases, including:

(a) Matrimonial disputes/ family disputes.

(b) Commercial offences.

(c) Medical negligence cases.

(d) Corruption cases.

(e) Cases with abnormal delays in initiating criminal prosecution (e.g., delays over 3 months without satisfactory explanation).

Do you know how the new IPC is Different from the Old IPC? Read here!

Conclusion

In wrapping up, knowing about Zero-FIR, E-FIR, and preliminary enquiries under the Bharatiya Nagarik Suraksha Sanhita 2023 (BNSS) is really important for everyone. These are new rules that make it easier to report crimes and get help from the police quickly, no matter where something happened or how you tell them about it.

Zero-FIR makes sure that every complaint about serious crimes gets recorded and looked into, no matter where it happened. E-FIR is a faster and less stressful way to get help.

So, understanding these new provisions helps us all be safer and know our rights better. By knowing how to use them, we can make sure justice is fair and accessible for everyone.