First Information Report Fir Procedure In Bangladesh
🧾 1. Legal Framework of FIR in Bangladesh
Relevant Law:
The First Information Report (FIR) is governed by Section 154 of the Code of Criminal Procedure, 1898 (CrPC).
Text of Section 154 (summarized):
Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him, read over to the informant, and signed by the person giving it. It shall then be entered into a book kept by the officer.
🧩 2. Meaning and Purpose of FIR
Definition:
An FIR is the first step in the criminal justice process. It is the initial report made to the police by a person having knowledge of the commission of a cognizable offence (an offence for which police may arrest without warrant).
Purpose:
To set the criminal law in motion.
To record the earliest version of facts.
To prevent fabrication or manipulation later.
To enable the police to begin investigation under Section 156 CrPC.
🏛️ 3. Procedure of Filing an FIR
Who can lodge:
Any person who has knowledge of the cognizable offence — not necessarily the victim.
Where to lodge:
At the police station having territorial jurisdiction over the area where the offence occurred.
Mode:
Oral (must be reduced to writing by the officer).
Written (submitted by the informant).
Signature:
The informant must sign or put thumb impression on the written statement.
Registration:
The report is entered into the FIR Register (Station Diary), and a number is assigned.
Copy to Informant:
A free copy must be provided to the informant under Section 154(2) CrPC.
Commencement of Investigation:
After registering the FIR, the police can investigate under Section 156(1) CrPC.
⚖️ 4. Legal Nature and Evidentiary Value
The FIR is not substantive evidence, but it can be used:
To corroborate or contradict the informant (under Sections 145 and 157 of the Evidence Act).
To show motive, conduct, or timing of the offence.
đź“š 5. Landmark Case Laws on FIR in Bangladesh
Below are five significant cases that interpret the FIR procedure and its importance in the justice system of Bangladesh.
Case 1: State vs. Abul Kalam, 44 DLR (AD) 321 (1992)
Facts:
An FIR was lodged after considerable delay following a murder. The defence argued that the delay indicated fabrication and afterthought.
Issue:
Whether delay in lodging the FIR affects its credibility.
Held:
The Appellate Division held that unexplained delay in filing the FIR creates serious doubt about the authenticity of the prosecution case. The FIR is expected to be lodged promptly to capture the spontaneity of facts.
Principle:
“Prompt lodging of the FIR eliminates suspicion of false implication. Delay must always be satisfactorily explained.”
Case 2: Abdur Rahman vs. State, 32 DLR (SC) 110 (1980)
Facts:
The informant gave an oral statement that was not correctly recorded by the police officer.
Issue:
Whether an FIR written by a police officer but not properly recorded as per the informant’s version is valid.
Held:
The Supreme Court emphasized that the FIR must reflect the informant’s true words. Any manipulation, addition, or omission by the police vitiates the FIR.
Principle:
“The sanctity of the FIR lies in its faithfulness to the words of the informant, not in the officer’s interpretation.”
Case 3: State vs. Md. Zakir Hossain, 60 DLR (HC) 57 (2008)
Facts:
A complaint was made first to a local chairman, and only after several hours was the FIR lodged at the police station.
Issue:
Whether prior information to local authorities before FIR affects its validity.
Held:
The High Court Division held that preliminary information to non-police authorities does not substitute for an FIR. The FIR is only valid when registered at the police station under Section 154 CrPC.
Principle:
“FIR must be the first information to a police officer in charge of a station capable of setting investigation in motion.”
Case 4: Mizanur Rahman vs. State, 52 DLR (AD) 85 (2000)
Facts:
There were inconsistencies between the FIR and the statements given during trial.
Issue:
Whether contradictions between FIR and later testimony affect the prosecution case.
Held:
The Appellate Division held that the FIR is not expected to contain every detail, only the basic facts. Minor omissions or variations do not destroy its credibility.
Principle:
“An FIR need not be encyclopedic. Its value lies in the earliest disclosure of the offence, not in completeness.”
Case 5: State vs. Md. Abdul Mannan, 65 DLR (HC) 112 (2013)
Facts:
The police refused to record an FIR and instead entered the matter in the general diary (GD).
Issue:
Whether police can refuse to record an FIR in a cognizable offence.
Held:
The High Court Division ruled that refusal to register a cognizable offence under Section 154 CrPC is illegal. The officer-in-charge has a statutory duty to record such information.
Principle:
“When a cognizable offence is reported, the officer-in-charge has no discretion to refuse registration; investigation must follow.”
🧠6. Key Takeaways
| Point | Explanation |
|---|---|
| Legal Basis | Section 154, CrPC, 1898 |
| Who can file | Any person with knowledge of the offence |
| Purpose | To set the criminal process in motion |
| Delay | Must be explained, or it may weaken prosecution |
| Evidentiary Value | Not substantive, but corroborative |
| Police Duty | Mandatory to record cognizable offence |
âś… Conclusion
The First Information Report (FIR) is the foundation of criminal proceedings in Bangladesh. Courts have consistently stressed the need for:
Prompt filing of FIR,
Accurate recording by police,
Proper registration under Section 154, and
Judicial scrutiny when irregularities arise.
FIRs protect both the rights of victims (by ensuring investigation) and the rights of accused (by providing early, documented allegations).
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