The criminal justice system hinges on FIR lodging, prosecution, investigation, trial facilitation, and speed. Significant court rulings underscore the FIR’s critical role in ensuring early, reliable information on crimes, emphasizing the risks of delays leading to distorted accounts. The FIR initiates legal proceedings and guides investigators.
In fact, lodging of FIR, launching of criminal prosecution, investigation, facilitation of the trial by enabling the accused to defend himself and speedy trial are the sacred pillars of dispensation of the criminal justice system.
The Calcutta High Court in 1902 very succinctly made the following observation which not only highlights the significance of lodging FIR but also links it to the subsequent investigation and trial based on same…
Chief Justice Prinsep and Mr. Justice Henderson observed:
Calcutta High Court
The first information if recorded as directed by S.154 at the time that it is made, is of considerable value at the trial because it shows on what materials the investigation commenced and what was the story then told.
Emperor v. Kampu Kuki, (1902) 11 Cal W N 554
The Hon’ble Supreme Court in Thulia Kali vs. The State of Tamil Nadu, AIR 1973 SC 501 made the following observation:
12. …First information report in a criminal case is an extremely vital and valuable piece of evidence for the purpose of corroborating the oral evidence adduced at the trial. The importance of the above report can hardly be overestimated from the standpoint of the accused. The object of insisting upon prompt lodging of the report to the police in respect of commission of an offence 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 as well as the names of eye witnesses present at the scene of occurrence. Delay in lodging the first information report quite often results in embellishment which is a creature of afterthought. On account of delay the report not only gets bereft of the advantage of spontaneity danger creeps in of the introduction of coloured version, exaggerated account or concocted story as a result of deliberation and consultation….
Supreme Court of India
Thulia Kali v. The State of Tamil Nadu, AIR 1973 SC 501
The lodging of FIR has an object. The Apex Court in Hasib v. State of Bihar, AIR 1972 SC 283 observed:
4. ….The principal object of the first information report from the point of view of the informant is to set the criminal law in motion and from the point of view of the investigating authorities is to obtain information about the alleged criminal activity so as to be able to take suitable steps for tracing and bringing to book the guilty party…
Supreme Court
Hasib v. State of Bihar, AIR 1972 SC 283