Criminal Complaint

Criminal Complaint is of 2 types. One is FIR (First Information Report) and the second is Private Complaint a Complaint which is to be given to a magistrate either orally or in writing, whereas the first information report is lodged at the police station nearby the place of commission of crime. According to s. 2(d) Criminal Procedure Code, a complaint is the allegation of fact which constitutes a complaint.

What Is An FIR?

An Inspector General of Police once said: I have worked 24 years in police department and honestly speaking, I do not know how to draft a F.I.R. properly. I do not know how to inspect a scene of crime scientifically and to be more specific, I do not know how to interrogate a suspect psychologically.

First Information Report is the most crucial/important document in Criminal Prosecution. It is called the First Information Report as the same opens the gates of investigation as the Information reaches the Police First in time.

First Information Report (FIR) is a written document prepared by the police when they receive information about the commission of a cognizable offence. It is generally a complaint lodged with the police by the victim of a cognizable offence or by someone on his/her behalf.

Or

A First Information Report (FIR) is the very first step in the criminal matter in which the facts of the commission of crime is reported to the police by the person who is a witness to the case, victim or a person who has a knowledge of the same act done by the accused.

The definition of the FIR is provided in the Code of Criminal Procedure, 1973 which states that Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read Over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf.

As described in law:

• When information about the commission of a cognizable offence is given orally, the police must write it down.
• The complainant or supplier of the information has a right to demand that the information recorded by the police be read to him or her.
• Once the information has been recorded by the police, it must be signed by the person giving the information.
• The complainant has a right to get free copy of an FIR as per section 154(2) of the Criminal Procedure Code.

First Information Report is written by a Police Officer. The State has duty to take cognizance of the commission of a cognizable case. Generally a Police officer does not possess the adequate knowledge to deal with these cases promptly, as these cases demand urgent attention because the delay erases the available evidences.

The Supreme Court in D.K. Basu v. State of West Bengal has observed that in view of the expectation of the society that police must deal with the criminals in an efficient and effective manner and bring to book those who are involved in the crime. The cure can’t however, the worse than the decease itself.

The expression, First Information or First Information Report is not defined in the Criminal Procedure Code (Cr.P.C.) 1973, but these words are always understood to mean, Information recorded under Section 154(1) of Cr.P.C. It is the Information given to a Police Officer in the form of a complaint or accusation, regarding the commission or suspected commission of a cognizable offence. It is given with the object of setting the criminal law in motion and police start the investigation.

This report forms the foundation of the case. The question whether or not a particular document would constitute F.I.R. is a question of fact, which depends upon the circumstances of each case.

The statement made by a witness who initiated the proceedings when reduced to writing is the F.I.R. Genuineness or credibility of the information is not a condition precedent for registration of the case. Information lodged with Police disclosing cognizable offence, the officer-in-charge of a Police station is statutorily obliged to register a case.

F.I.R. is the information which is given first in point of time. Obviously, there cannot be more than one F.I.R. in one case; however, there may be many the victims in one case. This First Information Report shall be based on the complaint as made or on the information as available at that point of time.

A good FIR must address the six issues of- What is the nature of the incident, Where and When did it happen, who is reporting and against whom and why did the incident happen. These six W’s begin the process of data collection, collation and analysis that hopefully results in the arrest and prosecution of the involved person or persons.

The following two conditions are to be satisfied before information could be treated as F.I.R:

1. It must be an information
2. Secondly, it must relate to a cognizable offence on the face of it and not merely in the light of the subsequent events.

Section 154 uses the word report’ the words F.I.R. have a legal importance. It may be possible that there should be more than one report about the one and the same incident. In such cases, the F.I.R. would be a report under this section. The F.I.R. is the earliest report made to the police officer with a view to his taking action in the matter.

The F.I.R. must be in the nature of a complaint or accusation with the object of getting the law in motion. The F.I.R. is information given by an informant given by an informant on which the investigation is commenced.

Now, it is well settled that any information given on phone too in respect of a cognizable offence to a police officer-in-charge of a police station will be treated as F.I.R.: provided the said information received through the phone is reduced into writing by the officer of the police station and signed by him.

FIR is the first step of Criminal Procedure that leads to the trial and punishment of a criminal. It is also most important supportive evidence on which the entire structure of the prosecution case is built-up. The main objective of the FIR is to enable the Police officer-in-charge of the Police Station to initiate the investigation on the crime and to collect evidence as soon as possible. It is first report of the crime and so it is a valuable document that throws much light on the crime.

It is also important because it is a statement which is made soon after the occurrence of the crime without fabrication and any prosecution case that may be subsequently made-up can be checked in the light of the first report. FIR is an important document. FIR is not substantive piece of evidence but at times it affects the prosecution case. Therefore, correct recording of FIR is required. FIR should contain as much information as is available at the time of recording it.

Object And Importance Of F.I.R.

FIR sets the Criminal Law in Motion. Object of FIR are many and these are given below:

• Commission of the Crime is reported.
• The Accused who has committed the crime is taken to task.
• There should no repetition of the crime.

In Emp. v. Kh. Nazir Ahmed, the honorable court held that the object of the FIR is to obtain early information of alleged criminal activity, to record the circumstances before there is time for them to be forgotten and embellished, and the report can be put in evidence when the informant is examined if it is desired to do so. This view was confirmed by the Hon’ble Supreme Court in Wilayat Khan v. State of U.P.

F.I.R. is the Bible of the case initiated on police report. The Object of F.I.R. from the point of view of the informant is to set the criminal law in motion. From the point of view of investigating authorities it is to obtain information about the alleged criminal activity so as to be able to take suitable steps for tracing and bringing to book the guilty party.

The report does not constitute substantive evidence though it is important as conveying the earliest information about the occurrence. It can be used only as a previous statement for the purpose contemplated under section 157 or section 145 of the Evidence Act that is for corroborating or contradicting its maker and not of other witnesses.

The object of Section 154, Code of Criminal Procedure, 1973 is to obtain early information of alleged criminal activity, to record the circumstances before there is time for them to be embellished or forgotten.

No doubt the F.I.R. being an early record and the first version of the alleged criminal activity conveyed to the police officers with the object of putting the police in motion in order to investigate is an important and valuable document. F.I.R. is used to check subsequent improvements and embellishments during trial.

While explaining the legal position as to the right of informant to take the matter to the police by lodging F.I.R. or to the court direct, by filing complaint, the Andhra Pradesh, High Court has held that both the courses under Section 154 and under Section 200 Code of Criminal Procedure are open and available to a private citizen and, therefore, simply because there is a right under Section 154 of the said Code, consequent upon which the police would investigate, it cannot be said that the right under Section 200 is not available for purposes of taking recourse.

Who Can Lodge An FIR And What Information Can Be An FIR?

Anyone who knows about the commission of a cognizable offence can file an FIR. It is not necessary that only the victim of the crime should file an FIR. A police officer who comes to know about a cognizable offence can file an FIR himself/herself. FIRs can be registered by a victim, a witness or any other person who has knowledge of the crime. The Complainant can state the facts about the offence either in writing or Oral but it is always advisable to give the Compliant in writing as the same can be of great value in case if the Police Officer refuses to take the Complaint.

In Hallu vs. State of M.P, 1974 AIR 1936, it was held that the Section 154 does not require that the Report must be given by a person who has personal knowledge of the incident reported. The section speaks of information relating to the commission of a cognizable offence given to an officer in charge of a police station.

Once the facts about the commission of crime is stated by a person, the police thereafter read the contents of the FIR to the Complainant in case it is reported in the oral manner.

You can file an FIR if:

1. You are the person against whom the offence has been committed;
2. You know yourself about an offence which has been committed;
3. You have seen the offence being committed, Witnesses, if any.

The Most Important thing to remember is that to hide the knowledge of a crime is a bigger Offence

Conditions Required For Recording FIR Under Section 154 Cr.P.C.

The following requirements are to be satisfied to constitute information as First Information Report within the meaning of this section:

• It must be information regarding to the commission of a cognizable offence;
• It must be given to an officer-in-charge of a police station;
• It must be reduced into writing either by the informant (complainant) and it should be signed by the Informant;
• If it is oral, it must be taken down in writing and read over to the Informant, who should sign it and it should be recorded according to the direction of the Informant.
• The substance of information should be entered in the prescribed register, daily diary, General Diary, otherwise known Station Diary or Station House Register in the form as the State Government has prescribed for the above said purpose.

In the absence of these ingredients it would not constitute to First Information Report as the same are vital ingredients.

First In Point of Time

The information regarding a cognizable offence by whomsoever given which is first in point of time and on which investigation actually commences is the F.I.R and not the one recorded thereafter or on reaching the spot. The information need not necessarily be against a person by name, it may be against an unknown person. In such a case it is the duty of the Police Officer to find out the real offender during the course of investigation. The First Information Report is earliest report made to the Police Officer is held in Soma Bhai v. State of Gujarat.

The following points have to be kept in mind:

1. Earliest version of the case is F.I.R.
2. It is not open to the officer-in-charge of Police Station to consider information as FIR according to his discretion.
3. If information comes at a police station simultaneously from a number of persons, the officer-in-charge can use his common sense and record one statement as the FIR.
4. In case of more than one FIR-There could not be more than one FIR in one case, even if there are many victims of the alleged offence, writing three FIR’s in one case is illegal. What is recorded in the first point of time and which reached the officer-in-charge of police station first is FIR.

Different Types Of Information Which Can Be Considered As FIR Under Section 154 Of Cr.P.C.

Some information may be different in the nature but may be treated as FIR. First Information Report (FIR) under Section 154 Cr.P.C, the information must be relating to the commission of a cognizable offence.

Whether information is one under Section 154 Cr.P.C., is a question of fact and, it is not open to the Officer-in-charge of a Police Station to treat as such or not. In other words, if information is really a piece of information disclosing commission of a cognizable offence it would constitute the FIR of the case whether the Police Officer reduced it into writing or not.