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July 28, 2016

FIR section 154 Cr.P.C. Pakistan – First Information Report

First information is construed as the earliest communication or intimation of crime to the state agency, to set it in motion to under take investigation. Such information irrespective of its brevity or length has to convey the relevant information pertaining to the nature and place of occurrence including description of victim of violence.

The object of section 154 of Cr.P.C. is two fold; from the point of view of information its objection is to set the criminal law in motion, from point of view of investigation it’s to collect evidence for tracing and bringing the culprits to justice.

Essential ingredients of FIR

Commission of cognizable of fence shall be reduced to writing signed by person giving this information substance shall be entered in book.

Prior to registration of FIR, a report in daily diary of police station is recorded. Number, time and date of such report are specially mentioned in column 1 of FIR. Another report is entered after FIR is recorded and is allocated an independent number in the register.

Who can lodge an FIR?

Machinery of law can be set in motion by any person who need not necessary be a resident of locality where an offense takes place.

Evidentiary value of FIR

FIR is not a sacrosanct or substantive piece of evidence and is only information to put machinery of law into motion However, at the same time it certainly furnishes a clue to possible truth of the allegation against the accused, as it is the earliest version of the prosecution case. In case of false FIR section 182 of Cr.P.C. deals with punishment.

Supplementary statement (also known as Tatima Biyan ) is recorded u/s 161 Cr.P.C. is not signed or thumb marked. Supplementary statement cannot be considered as part or read as part of FIR. No provision exists in the criminal procedure code about the supplementary statement which is always recorded in order to fill the lacuna in prosecution case.

Delay becomes a secondary factor if eye-witness account coupled with medical evidence inspires confidence. When explanation for delay in giving the FIR is satisfactory the delay is not a material significance.

Second FIR is not barred in appropriate cases disclosing cognizable offense, partially the cases of counter version. Registration of second FIR embodying the counter version of case is neither legally barred nor can such an FIR be refused to be registered.

Instances where FIR can be quashed:

  • Lawful marriage between adults.
  • Matter of civil nature.
  • Evidence not sufficient

Following are remedies against FIR, section 169, 551, 63,190,249-A and 265-K Cr.P.C.

First information report is very important in criminal trial. In final decision of criminal case first information report play important role.

Comments

  1. Nadia Aslam says:

    Section 182 c.r Pc deals with place of inquiry or trial where scene of offence is uncertain or not in one district only or where offence is continuing or consists of several one…..
    Section 182 of pakistan penal code deals with registration of false FIR which is as follows ” False information with intend to cause public servant to use his lawful power to the injury of another person” punishment is imprisonment of either description for a term which may extend to 6 months or with fine which may extend to three thousand rupees or with both.

  2. Nadia Aslam says:

    I found your website very helpful…. thanks

    • If an SHO files a false FIR against a citizen just on the basis of personal or political basis what can do the person who was falsely arrested and humiliated by police.

      • @Hashanm
        Person can initiate the criminal proceedings against that SHO and also file suit for damages

  3. can some one tell me the reason for a person to not be able to obtain a original doc of FIR from the police or under what law you do not the right to get original document please help.please give some code of law.thanks

  4. if police registered fir out of police station jurisdiction place let me inform what was the status of the registered fir false or should be cancelled

  5. zubair bilal says:

    u/s 154 police is bounded to lodge the fir?

    • @Zubair Bilal
      Yes police is bound to register FIR but if they refuse (which they normally do) then you can obtain orders from Sessions Court (Justice of Peace)

  6. I have one question please answer me 1 person have fraudly take money from me that is 50 lac and i have registered 2 FIR on it and some other people also launch FIR’s on that person almost 8 FIR of 489 and 406 right now and now he become in compliance of 22a 22 b after 2 years with following grounds

    that i was on jail that’s why i am unable to get this remedy so in his first order he has got the order from justice of peace for registered FIR on me and in his application he is saying that i have caught his cheque book so now can any one help me how can i defence my self and what is importance of SHO comments in this kind of cases.

    • The Question is this that whether that checque is properly signed by that person? One More thing regarding ur matter is that whether the amount on ur checque is written in words as well as figures as well?. Mostly in such like cases the judges take the opinion of hand writing Experts as well. for more detail call me at 03111865131

  7. A fake FIR has been filed against my two brothers and two cousins. The investigation officer found that crime had taken place and submitted the case to the court. At first hearing, the complainant could not present witnesses in the court. Even he himself instead of eye witness put sign on one of the letter issued to him by the court. My question is: what legal action we take against the person who has filed faked FIR against us once court dismisses the case on the basis of insufficient evidence?

    • @Dr Akram
      if court acquit you or discharge you then you have remedy to take action against the person under law… you can file private complaint against that person that he lodged false FIR against you.

  8. if a person register a false fir against you us 452,448,511,506b and you been arrest by police and challaned you and after challning he the police offical found you innocent what action action should be taken against the complainer who register false fir against you.

    • @Arslan
      Yes he can claim compensation from the court who acquit him which can be up to 25000 according to section 250 Cr.P.C.

  9. Bilal Dharejo says:

    FIR can be lodged through power of attorney or not ? / An attorney can become a complainant?

  10. Dear sir what can i do if someone comes to my CNG station and starts fighting and to add fuel to fire that person launches FIR against me ( Online ) .
    i also launched FIR against him but what strict dafas can be imposed by me so that next time he should not dare to come and launch fake FIR against me.

    • @Yawar
      you can avail the remedy provided in law if someone registered false FIR against you. The situation you described here does not attract strict provision of law in FIR.

  11. Sir,

    I lost my Rs.50 Stamp Paper that was to be used as General affidavit. It was blank with my name, address and CNIC number written on the back. What do I need to do to prevent any possible misuse of this instrument? If, at all, F.I.R. needs to be registered, do I have to submit an affidavit of my lost stamp paper to the police? Your help in this regard will be appreciated to a higher extent. Thank you and best regards.

    Ali Mujtaba
    Islamabad

    • @Ali
      You need to incorporate a report in roznamcha instead of FIR about this… You also need to file suit for cancellation of instrument in court.

  12. Dear sir,
    my cousin submit an application of kidnapping of his daughter against my Father to DPO, who marked an inquiry to the DSP who later on found that the kidnapping allegation is baseless and applicant is suspicious and report submitted to DPO. He then lodge FIR through add. session judge under section 22a. The SHO arrest the accused and put behind bars for 20 days but nothing was proven against the allegation. Investigator after conduction different inquires now also submitted report that the allegation is baseless.

    Actually my cousin are black mailing us for property in fake cases which he can not get through legal rights. He earlier put same allegation on some other people and after getting some money withdraw the cases
    I would like to ask if you please guide me weather FIR of 365B can be quashed?
    or what is the procedure or can we approach High Court?
    Please Advise me

    Best Regards

    • @Naeem
      Yes FIR can be quashed in High Court… but investigation officer can prepare a cancellation report and submit it to the Prosecutor.. if Prosecutor also agree with cancellation report he can send the same in court with his observation.. in that case normally courts agree to cancel the case

  13. I know a company can lodge an FIR, through its employee etc, what if the employee is no more with the company, Under what section can company nominate another person, or under what law, Law of common sense is there but court need more then that

    • @Zulfiqar
      FIR can be lodged even by police officer upon information received about commission of congnizable offence… there is no specific section for company in this regard… and registration of FIR has nothing to do with court ….

  14. Plz ap bta skty ha ki FiR 9b or 9c kia ha

  15. Some one tell me when some one Have FIR and the court not give remarks on this person it is innocent or not innocent. Then some one do the other new FIR on that person ?

  16. J Abbas says:

    I would like to know, If someone has bocked the public way and cooking their foods in the street and When I am on car and try ask them to give way and they say We are not going to remove it and you can do what ever you wants. When I spoke to local police station, they said it is every day routine matter and you should just avoid it. I would like to know how we can teach such people lesson that they can not block public way and they have to follow law. Can we file FIR against them to deal with it legally or otherwise we left with one option to fight with them. Please guide me through.

    • @Abbas
      Such action falls within the ambit of Public Nuisance and you can lodge complaint in Police Station regarding this matter

  17. in money related issue do the police have to ask for evidence like that you gave any person money so where is the proof?

  18. Zeeshan says:

    Assalam Alaikum,

    I want to ask a question, do accused have right to get a copy of FIR or preliminary inquiry and statement of witnesses put by prosecution to prove that accused is guilty?

  19. Sir what will happen if one person lodge FIR after 5 days of offence, and second person against whom FIR is lodged also lodges FIR after 12 days of offence.
    Now what will happen?

    • @Ayaz
      It is called Cross Version if it is about same incident.. but if both FIR’s are about different incidents then two FIR’s be lodged accordingly

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