drupal analytics

August 23, 2014

FIR section 154 Cr.P.C. in Pakistan, First Information Report to Police

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 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

  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.

Speak Your Mind

*