• FIR u/s 154 CrPC

An FIR has been written/drawn by CBI (Central Bureau of Investigation) on a blank piece of paper.The named accused was arrested and forwarded on police remand by the learned Court on basis of the FIR written/drawn by CBI (Central Bureau of Investigation) on a blank piece of paper.

Q What is the legal validity of FIR writen/drawn on blank piece of paper and subsequent police remand and investigation in light of 154 Cr.P.C?
Asked 7 years ago in Criminal Law
Religion: Hindu

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7 Answers

1)u/s 154 of the Cr.P.C., the complainant can give information about the offence either in written or orally.

2)officer in-charge of the police station, on receipt of a complaint (information) disclosing commission of a cognizable offence, is duty bound to register a case and such officer cannot probe into the allegations to find out whether they are true or not before registering a case.

3) FIR would be valid if it has been reduced to in writing by CBI and action taken on basis of said FIR

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

The CrPC does not prescribe the paper on which the FIR is to be written, so it can be written even on a plain paper. Further proceedings under such a FIR are perfectly valid.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Failure to draw the FIR on the prescribed form/format is only a technical flaw which cannot be allowed to vitiate the entire process of criminal law initiated subsequent to it. The FIR has to be numbered though.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

the use of the word “shall” under Section 154(1) of the Code clearly mandates that if the

information given to a police officer relates to thecommission of a cognizable offence, then it is mandatory

for him to register the offence.

2)every activity which occurs in a police station [Section 2(s)] is entered in a diary maintained at the police station which may be called as the General Diary, Station Diary or Daily Diary.

3) procedure of recording first information in their books along with the signature/seal of the informant, act as an “extremely valuable safeguard” against the excessive,mala fide and illegal exercise of investigative powers by the police.

4) unable to find any judgment rregarding failure to record the FIR in proper format as prescribed by stater govt

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

In Madhu Bala vs. Suresh Kumar (1997) 8 SCC

476, this Court has held that FIR must be registered in the

FIR Register which shall be a book consisting of 200

pages. It is true that the substance of the information is

also to be mentioned in the Daily diary (or the general

diary). But, the basic requirement is to register the FIR in

the FIR Book or Register. Even in Bhajan Lal (supra),

this Court held that FIR has to be entered in a book in a

form which is commonly called the First Information

Report.

54) It is thus clear that registration of FIR is to be done in

a book called FIR book or FIR Register. Of course, in

addition, the gist of the FIR or the substance of the FIR

may also be mentioned simultaneously in the General

Diary as mandated in the respective Police Act or Rules, as

the case may be, under the relevant State provisions.

The General Diary is a record of all important

transactions/events taking place in a police station,

including departure and arrival of police staff, handing

over or taking over of charge, arrest of a person, details of

law and order duties, visit of senior officers etc. It is in this

context that gist or substance of each FIR being registered

in the police station is also mentioned in the General Diary

since registration of FIR also happens to be a very

important event in the police station. Since General Diary

is a record that is maintained chronologically on day-today

basis (on each day, starting with new number 1), the

General Diary entry reference is also mentioned

simultaneously in the FIR Book, while FIR number is

mentioned in the General Diary entry since both of these

are prepared simultaneously.

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

What do you mean by FIR withdrawn on a blank paper.

Who registered the FIR, whether regular police or CBI police?

The FIR once registered, if it is to be withdrawn, then they have to put a note before the competent authority or concerned judicial magistrate for cancellation.

Your details are incomplete., kindly revert with more details.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

My question was about the legal validity of FIR which has not been drawn on forms/format as the State Government may prescribe in this behalf as stated u/s 154 Cr.P.C

My question remains un-answered

You should always ask a question in a clear manner.

If a FIR is not withdrawn in a legal manner, it can be said that it has not been withdrawn.

Your above contents itself has an answer to this.

"legal validity of FIR which has not been drawn on forms/format as the State Government may prescribe"

Is there any law or citation of the Hon'ble Supreme Court for police to draw FIR on un- numbered blank paper and not in proper format as state government may prescribe as stated in 154 Cr.P.C ?

There is no provision in law to withdraw the FIR by simply writing it in a piece of paper, hence you may not get any ruling authenticating this situation.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

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