FIR is the abbreviation of the term ‘First Information Report’ and is introduced through provisions of Section 154 CRPC. Section 154 of CRPC talks about the information given to the police by anyone after the crime. The first report of any crime is known as FIR. Anyone can file an FIR before the police, it is not necessary that the victim has to be present himself to file an FIR. When the police after visiting the crime scene, record the incident in its daily diary it also leads to an FIR. The police can never refuse to register an FIR according to the decision of the honorable Supreme Court of India in the landmark judgment of Lalita Kumari vs Govt. of U.P & Ors on 12 November, 2013. The honorable Supreme Court said Registration of FIR is mandatory under Section 154 of the Code, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation.
It also said that if the information received does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether cognizable offence is disclosed or not.
Cognizable offences under Section 2(c) of the Criminal Procedure Code are: “cognizable offence” means an offence for which and “cognizable case” means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant.