Conditions for First Information

Conditions for First Information

The conditions that necessitate the recording of an information under section 154 criminal procedure code are firstly that it must be an information and secondly it must relate to a cognizable offence on the face of it and not merely in the light of subsequent events. The mere fact that information is first in point of time is not sufficient. It is essential that the information must relate to the commission of a cognizable offence. Hence information about the design to commit a cognizable offence such as dacoity will not fall within the purview of this section.

The information in the report must disclose a reasonable suspicion that an offence has been committed. Information which does not disclose the commission of an offence cannot be treated as an F.I.R. Giving in such report every minute and possible details about incident not mandatory. Mention of material facts in FIR giving a correct account of incident is the requirement.

The information must be taken as the informant gives it. It becomes valueless if it is drawn up by some other person, thus a first information dawn up by a police officer and finally settled by an attorney is not a first information. The first information should be signed by the person giving it so that there may be a guarantee as to its correctness. A telephonic message given to the police about the commission of a cognizable offence can be recorded by the station writer as a first information report and the station writer can sign himself as the person giving the information. The conditions relating to the record of the first information are as under:-

1. It must be an information (not vague but definite enough to enable the police to start investigation) relating to the commission of a cognizable offence.
2. It must be given to an officer incharge of the police station.
3. It must (if orally) in the first stage, be reduced to writing by the officer incharge (or under his direction by someone else) and be read over to the informant or the informant may himself give a written information or bring such a written information. This is the complaint or accusation to the police and technically called the F.I.R.
4. The oral information when reduced to writing must be signed by the informant and if written information is given it must be similarly signed by the informant.
5. In the final stage the substance of the information must be entered in a prescribed book.

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