What is FIR (First Information Report)
Every information under section 154 criminal procedure Code is called FIR. The Information is given to police officer and reduced to writing as required by this section is known as the First Information. FIR is not mentioned in the criminal procedure Code, but these words are understood to mean information recorded under this section.
First information is that information which is given to the police first in point of time and not that which police may select and record as first information. The information contemplated must be in the nature of the complaint or accusation with the object of setting the law in motion.
The word information mean something in the nature of complaint or accusation or at least information of a crime given with the object of putting the police in motion in order to investigate as distinguished from information obtained by the police when actively investigating a crime. As a matter of the fact all statement whether one or more relating to the commission of a cognizable offence made to the police before the commencement of investigation can very well be designated as first information reports.
it is great importance to determine whether a statement falls under this section or not. For if a statement is one made under this section it is admissible in evidence but if it is one coming under section 162 it cannot be used save for the purpose mentioned therein. The information recorded under this section is known as first information. All statement recorded subsequent to the staring of the investigation fall under section 162. Where therefore no formal investigation is commenced upon the information such information does not fall under this section nor would statement recorded by police till they commence the investigation come within the provision of section 162.
No doubt gossip or rumor or hearsay would not ordinarily fall with the scope of this section but if someone goes to a police station and definitely tells the officer in charge that a cognizable offence has been committed and that statement is made with a view to inducing the police officer to enquire into matter, there is no reason for refusing to cal lit information relating to the commission of cognizable offence with the meaning of this section.