What is an First Information Report or F.I.R | Find Your Advocate
WHAT IS AN FIRST INFORMATION REPORT OR F.I.R
The statistics given through any character to the police of an offence which the police is empowered to research beneath the Code (Cognizable Offence), is known as ‘first statistics’. Under Section 154, this statistics have to be decreased to writing and the police officer have to make a word of the receipt of this statistics in a diary maintained through him each day. This written complain is known as F.I.R .
F.I.R FULL FROM IS FIRST INFORMATION REPORT.
However, in State of Maharashtra v. Ahmed Shaikh Babajan, the apex courtroom docket determined that “FIR isn't a circumstance precedent to the placing of crook regulation into motion”[1]. It manner that the police can take motion even earlier than the FIR is recorded, for e.g., if the police witnesses an offence or whilst the statistics is given on the street to a circle inspector in place of a police station. Another important motive of FIR is to report the statistics of the offence and the accused earlier than the reminiscence of the informant fails or earlier than s/he receives time to manufacture or enhance the statistics.
FIR may be given through any character who has been a sufferer of the offence or one of the sufferers of the offence. Further, it could accept through any character who witnessed the fee of an offence through eyes or ears or who has expertise or suspicion of fee of any offence. FIR may be given through the accused himself. An FIR given through the accused may be both in nature of a confessional assertion and non-confessional assertion.
For example, (i) ‘A’ is accused of the homicide of ‘B’. He is going to the police and informs that he murdered ‘B’ through stabbing him and throwing his frame into the river. (ii) ‘A’ murders ‘B’ and apprehends that he can be caught. To maintain himself out of suspicion, ‘A’ informs the police that he noticed an unknown character killing ‘B’.
The first example is in which the FIR given through accused ‘A’ is confessional in nature and the second is non-confessional.
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