Q. What is mean by FIRST INFROMATION REPORT? Write down all the steps of investigation.

(A/22)
Q. What is FIR? What are its essentials and importance in criminal cases? (A/20)
Q. What is meant by FIR? Discuss the importance of FIR in criminal cases. (S/19)
Q. What is meant by FIR? Discuss the importance of FIR in criminal cases. (S/17)
Q. What is meant by FIR? Discuss the importance of FIR in criminal cases. (A/17)
Q. What is meant by FIR? Discuss the importance of FIR in criminal cases. (S/16)

FIRST INFORMATION REPORT

1. INTRODUCTION

2. RELEVANT PROVISIONS

Section 154 - Information in Cognizable Cases - Police officer can begin investigations after registration
of FIR

Section 155 - Information in Non-Cognizable Cases - No Police Officer shall investigate such offence
without order of a Magistrate

3. CROSS REFERENCE

Chapter 24 Police Rules, 1934 24.5 - First Information Report Register

4. MEANING OF FIR

5. DEFINITION OF FIR

6. MEANING OF INFORMATION

According to Black’s Law Dictionary, “information” has been defined as

“An accusation exhibited against a person for some criminal offence, without an indictment.”

7. MODE OF INFORMATION

A. ORAL INFORMATION

B. WRITTEN INFORMATION

8. MEANING OF COGNIZABLE AND NON-COGNIZABLE OFFENCE

There are two kinds of offences in Pakistan Penal Code. First is cognizable and second is non-
cognizable. The cognizable offences are offences where the Police can arrest the accused without
 warrant while in the non-cognizable offence Police cannot arrest without warrant issued by the
concerned magistrate.

9. OBJECT OF FIR

The object of FIR is to set the Investigation Agency of The State in motion. It sets the criminal law in
motion to obtain information about the alleged criminal activity so as to be able to take suitable steps to
trace and to bring to book the guilty.

10. ESSENTIALS OF FIR

I. RELATE TO A COGNIZABLE OFFENCE

It should be an information relating to the commission of a cognizable offence on the face of it.

II. REDUCED IN WRITING

If given orally to an officer in charge of a police station, it should be reduced to writing by him or
under his direction

III. READ OVER TO THE INFORMANT

Having been reduced into writing, it should be read over to the informant.

IV. SIGNED BY THE INFORMANT

Informant giving the information.

V. SUBSTANCE OF FIR SHOULD BE ENTERED IN A BOOK KEPT BY THE OFFICER

IN CHARGE OF THE POLICE STATION

In the prescribed form.

11. CONTENTS OF FIR

(i) Number of repot (vi) Date, time and place of occurrence

(ii) Date and time of report (vii) Distance and Direction of occurrence
(iii) Name of and address of Informant (viii) Signature or thumb impression of the
(iv) Name of Police Station Informant
(ix) Signature of Person who has
(v) Name of District
recorded the FIR

12. PROCEDURE FOR RECORDING FIR

(i) Prior to registration of FIR a report in daily diary of the Police Station is recorded.
(ii) Number, time and date of such report is specifically mentioned in Column No.1
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 (iii) After FIR is recorded, another report is entered by the officer concerned to the effect that the
FIR stood registered and this report is also allocated an independent number in the register.

13. WHO MAY LODGE A FIR

Any person who gives information either orally or in writing with regards to commission of
cognizable offence can ask the officer in charge of a police station to register a case if any cognizable
offence was committed. The informer does not matter, only the commission of a cognizable offence
matters.

14. DUTY OF POLICE OFFICER

Officer in charge of a Police Station is required to record an FIR in the relevant book kept at the
police station if from the information a cognizable offence is made out.

Police has no power to first investigate the matter and then register the criminal case.

15. REMEDY AGAINST REFUSAL TO RECORD FIR

Provisions of Section 154 cast a statutory obligation on the SHO to register the case in a cognizable
offence, however, upon refusal following remedies may be availed;

(i) Bring Complaint to Notice of the District Police Officer (DPO) or Capital City Police Officer
(CCPO) or other higher officers like Deputy Inspector General (DIG) of police and Provincial
Police Officer (PPO).

(ii) Send complaint in writing and by post to the DPO, CCPO, DIG or PPO concerned. If the DPO,
CCPO, DIG or PPO is satisfied with your complaint, he shall order the registration of FIR.

(iii) Filing a complaint to the District Public Safety and Police Complaints Authority in district

(iv)Filing of a petition in Sessions Court for issuing of direction against the concerned authorities to
register FIR

(v) The application can be moved directly to the concerned magistrate under Section 200, Cr.P.C. If
magistrate is not empowered to decide such case he will refer the complaint to the Session Court
for example in murder case ect.

(vi)Moving HC through its writ jurisdiction that a FIR be registered and investigated in the usual
manner.

16. EVIDENTIARY VALUE OF FIR

FIR is an important public document and may be put in evidence to support or contradict the
evidence of the person who gave the information, but it cannot be used as substantive evidence. FIR

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 itself is not a substantive piece of evidence unless its contents are affirmed on oath and it is
subjected to the test of cross-examination

17. TELEPHONIC MESSAGE AND TELEGRAMS:

Signed telegrams and telephonic messages are not first information report within the meanings of
Section 154 and if after the receipt of telegram or telephonic messages the police proceeds to the spot
of occurrence and takes down the information from the complainant or the informant and get it
signed by him, the signed statement would be F.I.R and not the telegram and telephonic messages.

18. INFORMATION IN NON-COGNIZABLE OFFENCE U/S 155:

In case of information of a non-cognizable offence under section 155 committed within the limits of
a police station the police officer enters its substance in the prescribed book which is known as
Roznamcha and refers the informant to the magistrate.

I. INVESTIGATION ON SUCH INFORMATION:

A police officer does not investigate a non-cognizable offence without the order of a first or second
class magistrate having power to try such case or send the same for trial to the Court of session.

II. WHERE CASE ENTAILING BOTH COGNIZABLE AND NON-COGNIZABLE OFFENCE:

Where a case in registered relating to fact entailing commission of both cognizable and non-
cognizable offences, then police can investigate all such offences without permission of magistrate

III. PREVENTS ABUSE OF THE LAW

The Magistrate’s functions in this matter is not only supplementary, at a higher level, to that of the
executive, but it is intended to prevent the abuse of law.

19. QUASHMENT OF FIR

By HC in its writ jurisdiction when its registration appears to be a misuse of law.

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 IMPORTANCE OF FIR IN CRIMINAL CASES

1. SETS THE CRIMINAL LAW IN MOTION

2. SETS THE INESTIGATION IN MOTION

3. PROVIDES LEGAL BASIS TO POLICE FOR PROCEEDING FURTHER

FIR is the document which provides legal basis to police to proceed further in accordance with the law
and for determination of relevant fact

4. CONSIDERED AS A RELEVNT FACT UNDER QSO

According to Articles 21, 22, 23, 25, 49, 50 of Qanoon-e-Shahadat Order 1984, FIR is a relevant fact.

5. CONSIDERED AS VALUABLE PIECE OF EVIDENCE

FIR can be taken as a very good piece of in initial evidence.

6. CONTAIN ALL ESSENTIAL DETAILS FOR THE PROSECUTION

The entries made under section 154 as per practice, contain invariably all such details so much so that in
the ordinary parlance/ sense it is considered as the gist of the prosecution case against the accused.

7. CORNER STONE OF PROSECUTION CASE

FIR being the Corner stone of prosecution case to establish guilt of the accused involved in the crime,
has got a very significant role in criminal cases.

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 INVESTIGATION ON FIR U/S 156

1. MEANING OF INVESTIGATION

2. AUTHORITY TO INVESTIGATE UNDER SECTION 155

3. PRIOR ORDER OF MAGISTRATE TO PROCEED WITH INVESTIAGTION - NOT

REQUIRED

4. TIME LIMIT FOR INVESTIGATION

The Police will complete investigation in all case within 14 days of the registration of the case and
submit the challan report under Section 173, Cr.P.C. to the magistrate. If the Police fail to submit
the challan in prescribed time the aggrieved party may apply to the concerned magistrate for initiation of
trial. The magistrate may order to start the trial, even upon incomplete investigation report it he thinks
fit.

5. INSUFFICENT GROUNDS FOR INVESTIGATION

If there are no sufficient and adequate grounds as in view of the police officer to investigate into the
matter then he has the authority to not investigate in such cases. The police officer in these cases will
write down the reasons for not investigating a case and he will also notify the informant about those
reasons for non-investigation in such manner as prescribed by the provincial government.

6. ATTENDANCE OF WITNESSES U/S 160

7. EXAMINATION OF WITNESSES U/S 161

8. STATEMENTS TO THE POLICE NOT TO BE SIGNED U/S 162

9. SEARCH BY POLICE OFFICER U/S 165

10. PROCEDURE OF SEARCH

11. DIARY OF PROCEEDINGS IN INVESTIGATION U/S 172

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