HOME ACADEMY
BHARATIYA NAGARIK SURAKSHA SANHITA (BNSS), 2023
PART 4 – FIR, Zero FIR, e-FIR, Cognizable & Non-Cognizable Offences, Investigation and Charge SheetCHAPTER 4: FIRST INFORMATION REPORT (FIR)
What is an FIR?
FIR (First Information Report) is the first information given to the police regarding the commission of a cognizable offence, which is recorded by the officer in charge of a police station in the manner prescribed by law.
Simple Definition
An FIR is the starting point of a criminal investigation.
Example:
Suppose a person's motorcycle is stolen. He visits the police station and reports the theft. The police record the complaint. This recorded complaint is the FIR.
An FIR:Sets the criminal law into motion.
Enables the police to start an investigation.
Creates the first official record of the offence.
Helps preserve facts and evidence.
Protects against later changes in the version of events.
Features of FIR
It relates to a cognizable offence.
It is recorded by the officer in charge of a police station.
It is signed by the informant after being read over or explained.
A copy is ordinarily provided to the informant free of cost, as provided by law.
It forms the basis for investigation.
Who Can Lodge an FIR?
An FIR may be lodged by:
The victim.
A family member.
An eyewitness.
Any person having knowledge of the commission of a cognizable offence.
Exam Tip: The informant need not always be the victim.
What Should an FIR Contain?
An FIR should, as far as possible, include:
Date and time of the incident.
Place of occurrence.
Nature of the offence.
Names/details of accused (if known).
Names of witnesses (if known).
Description of the incident.
Signature or authentication of the informant.
Cognizable Offence
Meaning
A cognizable offence is one in which the police may register an FIR and investigate without prior permission of a Magistrate, subject to the law.
Examples
Murder
Rape
Kidnapping
Robbery
Dacoity
Acid attack
Characteristics of Cognizable Offences
Serious in nature.
Police can investigate without prior Magistrate's permission.
Arrest without warrant may be permissible in accordance with law.
Non-Cognizable Offence
Meaning
A non-cognizable offence is one in which the police cannot investigate without the order of a Magistrate, except as otherwise provided by law.
Examples
Defamation
Public nuisance (certain cases)
Simple hurt (depending on the specific offence and applicable law)
Difference Between Cognizable and Non-Cognizable Offences
| Cognizable Offence | Non-Cognizable Offence |
|---|---|
| Police may investigate without prior Magistrate's order | Police generally require Magistrate's order to investigate |
| Generally more serious offences | Generally less serious offences |
| Arrest without warrant may be permissible | Arrest without warrant is generally not permissible |
Meaning
A Zero FIR is an FIR that can be registered at any police station, irrespective of territorial jurisdiction, and then transferred to the police station having jurisdiction.
Why was Zero FIR Introduced?
To ensure immediate reporting of offences.
To prevent delay in registration.
To protect victims, especially in urgent situations.
Example
A crime occurs in Jammu, but the victim is presently in Srinagar. The victim can approach a police station in Srinagar, where a Zero FIR may be registered and later transferred to the competent police station in Jammu.
Advantages of Zero FIR
Saves valuable time.
Prevents delay in investigation.
Improves access to justice.
Particularly helpful in serious offences and emergencies.
e-FIR
Meaning
BNSS introduces provisions enabling electronic submission of information regarding certain offences, subject to the procedure prescribed by law.
Benefits
Faster reporting.
Convenience for citizens.
Digital record.
Useful in cyber-related offences.
Investigation
Meaning
An investigation is the process by which the police collect evidence relating to an alleged offence.
Objectives
Discover the truth.
Identify the offender.
Collect legally admissible evidence.
Recover stolen property, where applicable.
Assist the court in delivering justice.
Stages of Investigation
Registration of FIR (where applicable).
Visit to the scene of crime.
Collection of physical and digital evidence.
Examination of witnesses.
Arrest, if required and lawful.
Medical and forensic examination, where necessary.
Preparation of investigation records.
Submission of the police report (charge sheet or final report).
Forensic Investigation
BNSS gives greater emphasis to scientific investigation.
Important forensic tools include:
DNA profiling.
Fingerprint examination.
Ballistics.
Cyber forensics.
Handwriting analysis.
Voice analysis.
Toxicology.
Statement of Witnesses
During investigation, police may record the statements of witnesses according to the legal procedure.
These statements assist the investigation but are distinct from evidence given in court.
Confession
A confession made before a Judicial Magistrate in accordance with law carries legal significance.
Confessions to a police officer are subject to the rules of admissibility contained in the Bharatiya Sakshya Adhiniyam, 2023 (BSA).
Case Diary
The investigating officer maintains a case diary recording important steps taken during the investigation.
It generally contains:
Date-wise progress.
Evidence collected.
Witness examination.
Search and seizure details.
Investigation notes.
Charge Sheet
Meaning
A charge sheet (police report) is submitted after the completion of investigation when the investigating agency concludes that there is sufficient material to proceed against the accused.
Contents
Details of the accused.
Nature of the offence.
Witness list.
Documents relied upon.
Seized articles.
Expert reports, where applicable.
Final Report (Closure Report)
If the investigation does not reveal sufficient evidence to proceed, the police may submit a final report/closure report before the competent court.
The court is not bound by the police's conclusion and may take an appropriate decision in accordance with law.
Flowchart
Information of Crime ↓ FIR ↓ Investigation ↓ Evidence Collection ↓ Witness Statements ↓ Forensic Examination ↓ Police Report ↙ ↘ Charge Sheet Final Report ↓ Trial
One-Liner Revision
FIR is the first information regarding a cognizable offence.
FIR starts the criminal investigation.
Zero FIR can be registered irrespective of territorial jurisdiction.
e-FIR promotes digital access to criminal justice.
Investigation aims to collect evidence lawfully.
A charge sheet is filed when sufficient evidence is found.
A final report may be filed if evidence is insufficient.
Competitive Examination MCQs
1. FIR is generally registered for:
A. Civil disputes
B. Cognizable offences
C. Revenue matters
D. Tax disputes
Answer: B
2. Zero FIR means:
A. FIR without evidence
B. FIR registered at any police station regardless of jurisdiction and later transferred if necessary
C. Anonymous FIR
D. Cancelled FIR
Answer: B
3. Which document is filed after investigation when sufficient evidence exists?
A. Warrant
B. Charge Sheet
C. Decree
D. Summons
Answer: B
4. Which of the following is a primary objective of investigation?
A. Impose punishment
B. Collect evidence and ascertain the facts
C. Decide guilt
D. Frame legislation
Answer: B
Statement-Based Questions
Q1. Consider the following statements:
A Zero FIR may be transferred to the police station having territorial jurisdiction.
Choose the correct answer:
A. Only 1
B. Only 2
C. Both 1 and 2
D. Neither 1 nor 2
Answer: C
Q2. Consider the following statements:
A charge sheet is filed after the completion of investigation when sufficient evidence is available.
A final report may be submitted if sufficient evidence is not found.
Choose the correct answer:
A. Only 1
B. Only 2
C. Both 1 and 2
D. Neither 1 nor 2
Answer: C