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    Thursday, 2 February 2017

    FIR, its essentials and duties of SHO about Cognizable offence

    An aggrieved person may set the criminal law in motion by making a report under section 154 of Criminal Procedure Code. The information so given is called first information. It is a Basis upon which an investigation is commended. It is a document of considerable importance, the object being to show that on what materials the investigation commenced.
    The world information means something in the nature of a complaint or accusation, or information about a crime given with the object of putting the police in motion in order to investigate.

    Essential of first information report

    Following are the essential requirement of FIR.

    (i) It should be information relating to the commission of a cognizable offence
    (ii) If it is given orally to an office in charge of a police station then it should be reduced to writing by (iii) him or under his direction and be read over to the informant.
    (iv) Having been reduced to writing it should be read over to the informant.
    (v) It should be sign by the informant giving the information.
    (vi) Its substance should be entered in a book kept by the officer in charge in a prescribed form.

    In case titled “Ahmad Yaar vs Aqeell khan “ The court held that where information did not disclose an offence , it is not an FIR

    Object of FIR
    The priamery purpose of FIR is to inform about the commission of a cognizable offence which a police officer is empowerd to investigate under section 156 who may lodge FIR.

    The person who made the original report to the police is not necessarily a party to the case the report may be made by every person.

    Information given by telephone or telegram

    Information given by telephone or telegram are not first information report with in the meaning of section 154 and after the receipt of such information police proceeds to the spot and get it signed , the signed statement would be first information report.

    But a telephonic message seeking police assistance may qualify as FIR if it is information relating to the commission of a cognizable offence , further it should be reduced to writing, read over to the informant entered in the book kept by police in charge in the prescribed form.

    Supreme court of Pakistan held in 1989 that a telephonic message which did not disclose definite commission of a cognizable offence cannot be treated as FIR.

    Duty of officer incharge of police station About Cognizable offence

    It is the duty of officer in charge of police station that he should record the information relating to cognizable offence form the informant and send report to Magistrate.

    In trap cases the police need not to record an FIR about demand of bribe by the accused. It is sufficient that only FIR is lodged when the trap is laid and accused is arrested after receipt of bribe.

    Value of FIR
    Ii is wrong to treat the FIR  in any case as a piece of substantive evidence. It can only be used for contradicting or corroborating the statement of the maker under Section 157 of the Evidence Act.

    A dying declaration may be treated as an FIR. It can be used as a substantive or primary evidence as a dying declaration.

    Refusal to record FIR
    Where facts stated in FIR make out a cognizable offence and  the SHO refused to record an FIR , the complainant may moved to the Magistrate or  high court in writ jurisdiction.

    Information in non cognizable offence

    Under section 155, a non cognizable case cannot be investigated without the order of a magistrate specified in that section, Therefore, where the report of a not cognizable offence is lodged, the police officer is not bound to enquire into the matter.

    Object of recording complaint
    The object of recording complaint under this section is to inform the magistrate regarding the offence which have been reported at the police station.

    Register of complaint is a public document
    The Register kept in police station for recording such information is a public document because it is relevant under section 35 of the Evidence act and it is a public document within the meaning of this section.

    Who can order for investigation
    The magistrate ordering investigation under this section must be one who has territorial jurisdiction and power to try the case. A magistrate when receives a police report in non cognizable offence can order for investigation, and police officer is bound to make the investigation.

    Special Thanks: Dr. Hamad Khan Advocate High Court 
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