Category Archives: Criminal Law

First Information Report (FIR) in India

This article deals with the topic of an FIR or First Information Report.

What is an FIR?

Under section 154 of the Code of Criminal Procedure (CrPC) and FIR is a report of First Information of a cognizable offence under the Indian Penal Code. It is basically a record of primary information received, regarding the commission of a criminal offence or crime as per IPC.

When is an FIR filed?

Where can an FIR be filed?

What does an FIR contain?

A First Information Report FIR contains the following fields:

  1. State
    District
    Police Station
    FIR No.
    Year
    Date
  2. Acts and Sections
  3. Occurence of Offence: Day / Date from / Time / Date to / Time
    Information Received at Police Station: Date / Time
    General Diary Reference: Entry No. / Date / Time
  4. Type of Information: Written / Oral
  5. Place of Occurrence:
    Direction and Distance from Police Station
    Chouki/Beat/OP Name and No.
    Address of Occurrence:
    Name / No. if any / Ward / Name of Road
    Nearest Identifiable place / Village / Post / Taluka / Distt. / State
    In case, outside the limit of this Police Station: Taluka / Distt. / State
  6. Complainant / Informant:
    Permanent Address
    Name / Father’s / Husbands Name
    Date of Birth and Age / Nationality / Phone No.
    Passport No. / Date of Issue / Place of Issue / Occupation
    Religion / Caste / Sub-caste
    Address / Ward / House Name / No. / Phone / M. No / PAN No. / Card No.
    Road / Nearest Identifiable place / Village / Post / Police Station
    Taluka / Distt. / State / Present Address
  7. Details, Name and Address of Known Accused (attach separate sheet if necessary) Particular physical features of suspect to be mentioned on form 1-B and maybe attached to case diary.
  8. Reasons for delay in reporting by the complainant / informant
  9. Particulars of properties stolen and involved (attach necessary proforma) Write down details on blank page.
  10. Total value of properties:
    (a) stolen / involved
    (b) recovered
  11. Unnatural / Accidental Death Case No. (if any)
  12. First Information (brief contents) Attach separate sheet if required or write details overleaf on the blank side
  13. Action Taken: (since the above offence relates to commission of offence(s) under the sections mention in Item No. 2
    (1) Registered the case or took up the investigation or Directed (Name of Investigating Officer / Rank / No. )  to take up the investigation or
    (2) Refused investigation due to (Reason)
    (3) Transferred to Police Station (Name) due to jurisdiction
  14. FIR Read over to the complainant / informant, admitted to be correctly recorded and a copy given to the Complainant / Informant free of cost.
    Signature / Thumb impression of informant / Complainant
    Signature of Officer in-charge: Name / Rank / No.
  15. Date and Time submitted to court
    Posting Code No. of Investigating Officer
  16. Copy to: Complainant / Supdt. of Police / Inv Officer / Office Copy

 

Sample of an FIR

FIR Sample

How does an FIR look? First Information Report Sample in India

What Is An A Summary, B Summary and C Summary Report Filed By The Police In A Criminal Case?

This article explains what an “A Summary”, “B Summary”, “C Summary” Report is and what impact it has on a criminal case in India.

Many times we hear that the Police has filed a “Summary Report” and closed a Criminal Case or let off a criminal. But what do these summary reports or cases mean?

“A Summary” Case

  • where the Magistrate classifies the case as true but undetected
  • where there is no clue whatsoever about the culprits or property or when the accused is known but there is no evidence to justify his being sent up to the Magistrate for trial

“B Summary” Case

  • where the Magistrate classifies the case as maliciously false
  • When there is no evidence or prima facie case against the accused
  • Applicable when false or frivolous cases are filed
  • B Summary Report is filed by the Police in such a matter
  • Usually a final report
  • Will lead to acquittal of the accused, upon acceptance by the Court
  • the police have to become the complainant and register a case against the original complainant, stating that he had complained to the police with malicious intent

“C Summary” Case

  • When the case is neither true nor false
  • C Summary report is issued by the Police in such a matter
  • When the criminal case was filed due to mistake of facts or the offence complained about is of a civil nature

Who can file this Summary report?

The Investigating Officer has the authority to file a Summary report and close the case.

Under which law do these summary reports come?

These summary reports / final reports come under THE BOMBAY POLICE MANUAL1959 (Containing the Rules under the Bombay Police Act, XXII of 1951,the Bombay Police (Extension and Amendment) Act, XXXIV of 1959 and other Departmental Regulation.) VOLUME III.

219. Final Reports.-

(1) When there is no sufficient evidence to justify the forwarding of the accused to a Magistrate, the Police Station Officer or the investigating officer will release the accused.person on bail, if he is in custody.

(2) The Police Station Officer will then submit a final report to the Magistrate empowered to take cognizance of an offense on a Police report through the Superintendent of Police or the Sub-Divisional Police Officer, as the case may be, in the following three classes of cases:-
(a) Those in which it appears from the Police investigation that no offense has been committed.
(b) Those in which it appears from the Police investigation that only a non-cognizable offence has been committed.
(c) Those in which there are grounds for believing that an offence has been committed, but in which, in the opinion of the officer-in-charge of the police Station, there are not sufficient grounds to investigate or there is not sufficient evidence to justify sending anyone for trial, or in which the offender is not known or cannot be arrested and sent for trial.In cases referred to the Police by a Magistrate, the final report will be sent direct to the Magistrate.

(3) The final report should be written up carefully by the officers in-charge of the Police Station personally and should be accompanied by all the case papers numbered and indexed methodically. If the accused has been released on bail, the Magistrate should be requested to cancel the bail bond. He should also be requested to pass orders regarding the disposal of property attached, unless any of the articles, e. g., blood stained clothes, are required for further use in true but undetected cases. A request should also be made to the Magistrate to classify the case and to issue an appropriate summary of his order,viz. :-
“A” True, undetected (where there is no clue whatsoever about the culprits or property or where the accused in known but there is no evidence to justify his being sent up to the Magistrate (for trial).
“B” Maliciously false.
“C” Neither true nor false, e. g., due to mistake of fact or being of a civil nature.
“Non-cognizable” Police investigation reveals commission of only a non-cognizable offence.

(4) A Superintendent of Police or a Sub-Divisional Officer is not bound to forward a final report to the Magistrate immediately. He may of his own motion direct further enquiry or he may for special reasons permit a case to remain pending under investigation.

(5) When any further investigation is ordered and made subsequent to the submission of the final report the papers should, at each stage up to final disposal, be sent though the Superintendent of Police or the Sub-Divisional Officer. In urgent cases however, the Magistrate may return the papers,direct to the investigating officer.

(6) When a final report of an officer-in-charge of a Police Station is returned to him for further investigation or other purpose, the date of the submission of the final report in its last and complete form should be taken as the date of its submission to the Magistrate for the purpose of determining, the beginning of the period of 14 days within which a summary of the Magistrate’s final order should be sent

(7) It is not competent to a Magistrate to return investigating officer’s report made to him under Section 173, Criminal Procedure Code, with an order to make a case against the accused and to send it up for trial. If the Magistrate considers that there is a prima facie case against the accused he should take action under Section 204 of the Code.