Essential Elements Of F.i.r.

ESSENTIAL ELEMENTS OF F.I.R. Although the definition of FIR is no given in the Cr.P.C. however it may be as follows:i) It is information which is given at the first stage to the Police Officer In- charge of the Police station. ii) Information must relate to a cognizable offence. iii) It is on the basis of this information that investigation into the offence commences. v)The FIR could be in any type i.e. written or oral. It can also be given on telephone. Sunil v/s State of MP, 1997. It is essential that a detailed explanation of the happening should be given in FIR. In a case of Navratan Mahanto v/s State of Bihar-1980, the court observed that the prosecution cannot be dismissed merely on the basis that FIR does not contains the complete explanation of happening as only gist of the happening in factual position needs to be mentioned. Section 154 says- As soon as the Officer-in-charge receives information of commission of a cognizable offence entry to this effect shall & immediately be made in the Register maintained for this purpose without delay. If any information is given orally, it should be recorded and then to read and obtained the signature of the person giving information. In a case of State of A.P v/s P. Ramulu, 1993, the court observed that FIR cannot be refused to be recorded on the ground that the offence was committed not within the jurisdiction. There should be no delay in registering FIR (Gnash Bhawan Pated v/s State of Maharashtra, 1979.).