First Information Report (FIR)
The term ‘FIR’ is not defined under the Code Criminal Procedure, 1973 (CrPC) however, Section 154(1) of the CrPC says that the information given regarding any cognizable offense is to be recorded by the officer-in-charge of the station and it is known as the FIR. It is generally a complaint lodged with the police by the victim of a cognizable offense or by someone on behalf of the victim. FIR has to be filed immediately and any delay in reporting must be justified. The police officer must give a copy of the FIR at no cost to the person lodging it.
What is a cognizable offense?
You must be wondering what is a cognizable offense, let’s understand its meaning. It means an offense where the police have the power to arrest a person without any warrant. It can initiate the investigation without the permission of the Magistrate. According to Section 2(c) of the CrPC, for any offense which is by the first schedule, a police officer on the report of such information can arrest the offender without presenting the warrant. The crimes that are related to the cognizable offenses are rape, dowry death, dowry, murder, kidnapping, etc. which are serious.
In the case of Lalita Kumari v. State of U.P., [i]– It was observed by the Apex Court that “The police officer cannot avoid his duty of registering offense if the cognizable offense is disclosed. Action must be taken against erring officers who do not register the FIR if information received by him discloses a cognizable offense.”
In another case of State of Andhra Pradesh v. Punati Ramulu and Others,[ii]– The Supreme Court of India had made an observation and stated that “It was certainly a dereliction of duty on the part of the constable because any lack of territorial jurisdiction could not have prevented the constable from recording information about the cognizable offense and forwarding the same to the police station having jurisdiction over the area in which the crime was said to have been committed.”
Hence, for any offense if it qualifies as a cognizable offense the police officer must mention the information in the general dairy even if the crime that has taken place does not fall under its jurisdiction.
Who can lodge an FIR?
It can be lodged by the person who knows that a cognizable offense has been committed by someone. Hence, there is no mandate that only a victim or aggrieved can file an FIR against a crime. It is a very important document as it sets the process of criminal justice in motion. Only after registration of the FIR in the police station does the investigation of the case begins[iii].
The procedure of filing the FIR
The person can approach the police station and he has to meet the officer-in-charge and the whole incident is to be described in detail. The police must write down the information given to him. It is the right of the person who is filing the FIR to obtain a copy of it and it is to be given free of cost. Once the information has been recorded by the police, it must be signed by the person giving the information. In case that person who can’t write or read must put their left thumb on the recorded document.
Section 173 of the CrPC deals with the procedure wherein the investigation officer files a charge sheet after collecting the evidence and examination of witnesses are done with. Section 173(2) of CrPC provides the following contents that are to be covered in the charge sheet:
- Name of the parties;
- Nature of the offense;
- Names of the persons who appear to be acquainted with the circumstance of the case;
- An offense committed by the accused;
- The arrest of the accused person;
- Whether the accused was released on bond;
- Whether the accused was sent in custody u/s 170;
- The officer has to communicate the action taken by him, to the person, if any, by whom the information relating to the commission of the offense was first given.
The Magistrates may order further investigation, if not satisfied with the charge sheet filed by the police. For further investigation, police can do further investigation u/s 178(2) of CrPC.
In case if FIR is not registered
If the police refused to lodge the FIR then you can approach the superintendent of police (SP) directly and other higher rank police officers can also be approached. Being satisfied with the gravity of the incident, the SP shall either investigate the case himself or order an investigation to be made.
Charge sheet
It is a complete inquiry report that is filed by a police officer after completing the investigation officer based on the FIR. It is submitted to the concerned Magistrate by the police who conducted the investigation. After the filing of the charge sheet the court decides on the issue of a prima facie case against the accused and begins trial. The time frame of the charge sheet to be prepared after FIR when accused in jail:
- 90 days, where the investigation relates to an offense punishable with date, imprisonment for life, or imprisonment for a term of not less than ten years;
- 60 days, where the investigation relates to any other offense.
Does a charge sheet contain the findings of the police’s investigation?
Yes. The police officer has to substantiate everything that is mentioned in the charge sheet with evidence in the time limit provided by law. Different laws have different periods for filing the charge sheet.
A brief comparison between FIR & charge sheet[iv]
| An FIR was lodged due to some unlawful or cognizable cases that happened | The charge sheet is prepared after FIR and charges the accused with those crimes. |
| FIR is the beginning of the investigation | After the ending of the investigation charge sheet can make by the police |
| FIR must be registered promptly and without wasting time | Where the accused has been arrested, police in such cases submit the charge sheet in a prescribed period |
| FIR is a written document prepared by the police when they receive information about the commission of a cognizable offense | A charge sheet is a formal document of accusation prepared by a law enforcement agency |
Quashing of a charge sheet
It can be quashed by the High Court as per the provisions of Section 483 of CrPC, the court has an inherent power that it can exercise to prevent the abuse of the power and to meet the ends of the justice[v].
The grounds for quashing the charge sheet are as under:
- When the merits of an FIR filed by the plaintiff against the accused cannot be proved in the court.
- When the FIR is filled with false allegations and the court is satisfied with the findings of the case that the motive of filing a false was to fulfill one’s revenge or for disturbing the life of the accused or for defaming him.
- When an FIR does not fall under the ambit of the cognizable offense and the office in a charge filed an FIR without taking permission of the Magistrate according to Section 155 of the CrPC.
- The charge sheet under which summon is ordered by the court finds out that the provision under which a person is charged is not liable under it[vi].
In Joseph Selvaraj A. v. State of Gujarat & Ors.[vii] – The High Court while quashing the charge sheet stated that “We are of the considered opinion that the prosecution of the Appellant for the commission of the alleged offenses would be a clear abuse of the process of law. The FIR under the circumstances deserves to be quashed at the threshold.”
In the case of Devendra v. The State of U.P[viii]– While clarifying the motive of quashing the charge sheet the court has observed that “A distinction must be made between a civil wrong and a criminal wrong. When a dispute between the parties constitutes only a civil wrong and not a criminal wrong, the courts would not permit a person to be harassed although no case for taking cognizance of the offense has been made out.”
Conclusion
An FIR and a charge sheet both are essential documents for proceeding with a crime that is lodged against the defendant. Although law also protects those against whom wrong allegations are filed. Court proceedings cannot be misused by anyone and no one can be permitted to degenerate into a weapon of harassment and persecution. There may be cases in an FIR is lodged to harass the other party because of a private and personal gain, the Court may take a view that it amounts to an abuse of the process of law.
[i] MANU/SC/1166/2013
[ii] AIR 1993 SC 2644
[iii] https://www.ejusticeindia.com/difference-between-fir-and-charge-sheet/
[iv] https://www.legalserviceindia.com/legal/article-1338-what-is-fir-and-chargesheet-.html
[v] https://www.livelaw.in/news-updates/fir-chargesheet-can-be-quashed-if-allegations-or-evidence-do-not-establish-commission-of-an-offence-delhi-high-court-194414
[vi] https://lawtimesjournal.in/what-is-a-chargesheet-how-is-it-different-from-fir-can-chargesheet-be-quashed/
[vii] AIR 2011 SC 2258
[viii] 2009 (7) SCC 495
