First Information Report

The expression ‘first information report’ is not defined under the Code of Criminal Procedure. It is a written document prepared by the police when they receive information about the commission of a cognizable offence. First Information Report is the information that reaches the police after commission of the offence. It is generally a complaint lodged with the police by the victim of a cognizable offence or by someone on behalf of the victim. FIR has to be filed immediately and any delay in reporting must be justified. The police officer must give the copy of the FIR at no cost to the person lodging it.

Procedure of filing FIR [Sec. 154]

The procedure of filing FIR is prescribed in Sec. 154 of the Criminal Procedure Code, 1973-

1. Information must be given to the officer in-charge of the police station; when information about the commission of a cognizable offence is given orally, the police must write it down.
2. The person lodging the FIR can demand as a right that the information recorded by the police must be read over to him.
3. After recording of the information by the police, it must be signed by the person giving the information.

Investigation

The next step after the filing of FIR is the investigation by the investigating officer. A conclusion is made by the investigating officer by examining facts and circumstances, collecting evidence, examining various persons and taking their statements in writing and all the other steps necessary for completing the investigation and then that conclusion is filed to the magistrate as a police report.

Charge

The general rule says that for a different offence, there has to be a separate charge and a separate trial. There are certain exceptions to the general rule which are provided under Sec.(s) 219, 220, 221 and 223 of the Code of Criminal Procedure. There are certain circumstances under which the charges of different offences are to be joined and tried together. This forms an exception to the general rule of the Code.

Charge

A charge may be defined as an allegation that is imposed against an accused. Foundation of a charge is based upon the information that is given in clear and precise manner to accused of the issues he is charged with. It is important to any accused to know what the prosecution supposes to prove against him. The base rule of criminal law is to inform the accused about the offence he is charged with. It is his fundamental right to be informed that for which charge he is being tried at Court.

Statutory Definition

According to Sec. 2(b) of the Code, “Charge includes any head of the charge when the charge contains more heads than one”.

Contents of Charge

Sec. 211 and 212 of the Code prescribes certain contents and particulars of charges. A charge is a crucial part of a trial hence it is mandatory that it shall be in proper form. Charge is the most important part for a criminal trial, framing of a proper charge is vital to a criminal trial. A defect in the charge vitiates the conviction.

Framing of charge

It is the most significant part of any criminal process and it should be framed by the Court after proper scrutiny. It is important that the Court must satisfy that the offence alleged against an accused is not erroneous and fraudulent. Charge is based upon some material proceedings against him. It is required to be framed in all warrant cases which are triable by the Sessions Court or by the Magistrate.

At the time of framing the charged the concentration has to be placed on that there exists a prima facie case against the accused. The test to determine prima facie case depends upon the facts and circumstances of each case.

Plea of guilty

Section 241 of the CrPC deals with ‘plea of guilty’ after framing of the charges. The accused person is given an opportunity to plead guilty, and the responsibility lies with the judge to ensure that the plea of guilt was voluntarily made.

Prosecution evidence

Facts which are relevant due to its connection with fact in issue make it the part of same transaction and attains relevancy under the Indian Evidence Act. The test based on which it would be determined that the fact which forms part of same transaction shall be those facts which are so related to one another in point of purpose or as cause and effect or as probable as to constitute one continuous action.

Statement of evidence

Section 313 of the CrPC provides an opportunity to be the accused person to be heard and explain the facts of the case. Note that the statements are not recorded under oath and the same can be used against him in the trial.

Defence evidence

The accused person gets the opportunity where he is not being acquitted to produce so as to defend his case. The burden of proof in India is on the prosecution. The phrase ‘burden of proof’ is not defined under the Act. In case of criminal cases it is an accepted principle of criminal jurisprudence that the burden is always on the prosecution and it never shifts. This flows from the cardinal principle that the accused is presumed to be innocent unless proved guilty by the prosecution and the accused is entitled to the benefit of every reasonable doubt.

Judgment

The court’s judgment is the final decision that is given with reasons in support of the acquittal or conviction of the accused person. In case of acquittal of the accused the prosecution is provided time to appeal. If the accused is convicted then both sides have given an opportunity to argue on the punishment which is to be awarded.