F.I.R, INVESTIGATION & PROCEDURAL LAW UNDER CRIMINAL CODE (CRPC)

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OBJECT OF LODGING AN F.I.R

The object of insisting upon the prompt lodging of the F.I.R is to obtain early information regarding:

• The circumstances in which the crime was committed

• The names of the actual culprits and the part played by them

• The names of witnesses present at the scene of the occurrence

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WHAT IS AN F.I.R?

The First Information Report (F.I.R) refers to the first report recorded by the police in relation to the commission of a cognizable offence, in a register prescribed by the State Government.

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WHO CAN LODGE AN F.I.R?

Any person who:

• Is a victim of an offence

• Is a witness to an offence

• Has knowledge of the commission of an offence

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PROCEDURE OF FILING AN F.I.R (U/Sec 154 CrPC)

1. Oral information must be reduced to writing by the officer in charge of the police station.

2. The complainant has the right to have the recorded information read back to them.

3. The complainant must sign the written information after verification.

4. If illiterate, the person must place their left thumb impression after confirming accuracy.

5. A free copy of the FIR must be provided to the informant.

6. Police must register the FIR in the designated register.

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ESSENTIAL REQUIREMENTS TO LODGE AN F.I.R

a) Information must relate to the commission of an offence.
b) Police must write down the information (whether cognizable or non-cognizable).

• Cognizable Offence (U/Sec 154):
  Police must write and register the FIR without prior approval from a magistrate.

• Non-Cognizable Offence (U/Sec 155):
  Police record the substance of the complaint and refer the matter to a Magistrate.

c) The informant must sign the report.
d) All material facts must be included in the FIR.
e) It must be maintained as per provincial guidelines.
f) Investigation must be initiated by the Investigation Officer (I.O) post-FIR registration.

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DELAY IN LODGING F.I.R

• Prompt reporting is crucial to prevent fabrication and fading memory.

• Unreasonable delay raises doubt and may affect the credibility of the FIR.

• Mere delay, however, is not fatal unless it indicates fabrication or falsehood.

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REMEDIES AGAINST REFUSAL TO LODGE F.I.R

If the S.H.O refuses to lodge the FIR:

a) The informant can approach higher police authorities.
b) File a petition in the High Court under Article 199 of the Constitution of Pakistan.
c) Approach the Sessions Judge under Section 22-A(6) CrPC:

• The judge (or Additional Sessions Judge) may entertain the complaint or

• Direct the concerned police officer to register the case.

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WHEN POLICE IS BOUND TO REGISTER AN F.I.R

1. Upon Information of a Cognizable Offence (U/Sec 154):

If the information discloses a cognizable offence, the police must register the FIR without examining its truthfulness.

PLD 2007 SC 539:
Held that police are duty-bound to record the FIR without assessing the veracity of the complaint.

2. Upon Magistrate’s Order (U/Sec 155):

In non-cognizable cases, FIR may be registered after the Magistrate's order. Police can investigate but cannot arrest without a warrant.

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INVESTIGATION PROCEDURE

PROCEDURE FOR COGNIZABLE OFFENCE (U/Sec 156 CrPC):

1. Police may investigate without the Magistrate’s order.

2. Investigation cannot be questioned on jurisdictional grounds.

3. Magistrate may also direct the police to investigate.

4. Exception: For offences under sections 497 or 498 PPC (e.g. Zina), police can investigate only on a complaint by the husband or guardian.

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WHEN COGNIZABLE OFFENCE IS SUSPECTED (U/Sec 157):

1. Officer must send a report to the Magistrate and proceed to investigate or send a subordinate.

2. Exceptions:

   • (a) If the case is minor and suspect is named, local investigation is not mandatory.

   • (b) If there's no sufficient ground, investigation may be skipped.

In both cases, reasons must be recorded and the informant must be notified.

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REPORT TO MAGISTRATE (U/Sec 158):

1. Reports must be submitted via designated superior police officers.

2. Superior officers may give directions and then forward the report to the Magistrate.

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WHEN INVESTIGATION CANNOT BE COMPLETED IN 24 HOURS (U/Sec 167):

If:

• Investigation cannot be completed within 24 hours (as required under Section 61), and

• There are reasonable grounds to believe the case is genuine:

Then:

1. Police must forward the accused to the nearest Magistrate, along with a copy of the case diary.

2. The Magistrate may authorize detention up to 15 days.

a) Magistrate Without Jurisdiction:

May send the accused to a Magistrate with jurisdiction.

b) Magistrate With Jurisdiction:

i. May order detention in police custody and must record reasons.
ii. Investigation officer must be allowed access to the accused in jail.
iii. If the accused needs to be taken outside the prison for investigation:

• Must apply to the Magistrate.

• Magistrate may grant permission with a female police officer present.

• No police custody between sunset and sunrise is permitted outside prison.

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CONCLUSION

The First Information Report (FIR) is the cornerstone of criminal proceedings. It marks the beginning of the legal process against a cognizable offence. The Code of Criminal Procedure lays down a systematic framework for the registration, investigation, and judicial oversight of criminal cases. Prompt filing of FIR, lawful investigation procedures, and appropriate remedies against non-compliance by police authorities are essential to uphold justice. Ensuring transparency at this stage ensures that the accused and the victims both receive fair treatment under the law.