Validity of an FIR | A is murdered by B. The F.I.R. is lodged by C (father of A) against B on the basis of information received by some of the villagers who witnessed the occurrence. The occurrence was not personally seen by C, the informant. Is the F.I.R. valid?

Question: Validity of an FIR | A is murdered by B. The F.I.R. is lodged by C (father of A) against B on the basis of information received by some of the villagers who witnessed the occurrence. The occurrence was not personally seen by C, the informant. Is the F.I.R. valid? Give reasons in support of your answer.

Find the answer to the mains question only on Legal Bites. [Validity of an FIR | A is murdered by B. The F.I.R. is lodged by C (father of A) against B on the basis of information received by some of the villagers who witnessed the occurrence. The occurrence was not personally seen by C, the informant. Is the F.I.R. valid?]

Answer

The importance of an FIR lies in its spontaneity of the information given as it gives first-hand information of the facts of the case and the circumstances in which the offence has taken place. The other reason for requiring the registration of an FIR is that it sets the criminal law into action.

With the registration of an FIR, the investigation by the investigation authorities is put into action. What is important is to know about the commission of a cognizable offence from any source as a criminal offence is considered as an offence against the State. Section 154 CRPC, it states that information relating to the commission of a cognizable offence shall be given to the Officer in charge of the Police Station. Section 154 CRPC does not require that the report must be given by a person who has personal knowledge of the incident reported (Hallu and others v. State of Madhya Pradesh, 1973 AIR 1936).

Therefore, in the facts of the present case, informant C did not witness the crime and was not present at the place of occurrence of the crime lodged FIR on the basis of the information received from the villagers, still, the FIR lodged by C is valid.

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