First Information Report can be filed by anybody who has the knowledge of the crime. Anybody interested or effected by the crime may also file FIR. As soon as the information is received the police officer shall record the text of the information in his diary. If the information is oral it should be transcribed in writing. The person informing may sign at the end of the written information. If the police officer himself comes to know about the occurrence of any crime he should record the information received by him in the case diary and affix his signature. It is only after the information is recorded in the diary, the police officer shall commence the investigation. He may visit the place of offence, arrest the accused, get conducted the inquest, secure statements from the hospital and get the dying declaration recorded if the circumstances so warrant.
The FIR is vital document. It forms part of the record. The expeditiousness with which the FIR is filed determines its fate. If it is filed beyond a reasonable time it may become suspect as fabricated. There shall not be any deliberations by persons reporting with the crime before the FIR is filed. Consultation among the persons concerned and consultations with village elders or with any advocate disqualifies the FIR as genuine.
The contents of the FIR play a very important role in the subsequent case of the prosecution. The contents of the FIR may also be used by the defence provided they can be supported by any other evidence.
All the statements recorded by the officer after the FIR is filed are hit by Section 161, Criminal Procedure Code. The statements recorded by the police during the investigation which lasts till charge sheet is filed are not admissible in evidence unless it is for the purposes of contradicting the person who made the statement. The police officer shall not get or obtain or allow the person making the statement to sign on the statement. If any signature is obtained the statement recorded by the police becomes totally inadmissible even for the purposes of contradicting the person who made the statement. In cases where any statute prescribes that the FIR shall be filed by some prescribed authority or by the person, it is only that report which constitutes the FIR. Any investigation commenced or conducted by the police before such authorised FIR will be treated as of no value. A fresh investigation shall commence in such circumstances after the authorised FIR is filed. There are innumerable cases in which delayed filing of the FIR resulted in quashing of the proceedings in the acquittal of the accused. The question of reasonableness of the delay is a matter which Court only will decide.
The police officer may refuse to register the FIR if he finds it frivolous, untruthful and does not disclose any offence as described in law. If for any reason such FIR is registered the High Court may quash it on the ground that the FIR does not disclose any offence.
[Ref.: Vallancochal v. State, ILR (1956) TC 311; Upkar Singh v. Ved Prakash & Ors. AIR 2004 SC 4320.]