Difference between Preliminary enquiry and FIR
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Preliminary enquiry means,
if the information given by the complainant does not reveal
or disclose the commission of a cognizable offence by any person, but indicates the need
for an inquiry, preliminary inquiry may be conducted, for the sole purpose of ascertaining if the commission of a cognizable offence is taken place or not.FIR means,
In case the preliminary inquiry discloses that a cognizable offence has been
committed then an FIR must be registered. In case the preliminary inquiry ends up in
closing the complaint, a copy of the entry of this closure must be supplied to the first
informant forthwith and not later than a week. The same must lay out reasons in brief for not proceeding further on behalf of the complainants complaint. Registering the FIR is mandatory if information disclosed indicates the commission of any cognizable offence. The police officer cannot avoid his duty of registering the offence if a cognizable offence is disclosed in the preliminary enquiry. With regard to the erring officers who do not
register the FIR on the information for commission of cognizable offence as received,
legal actions can be taken against them.1. PRELIMINARY INQUIRY.
• Section 157 of Code of Criminal Procedure,1973 (CrPc) deals with the procedure of the preliminary inquiry.
• The objective of preliminary inquiry is to ensure that a criminal investigation process is not initiated as a frivolous and untenable complaint.
• A preliminary inquiry is only done to ascertain whether the information reveals the commission of cognizable offenses (A cognizable offense is one in which the police may arrest a person without a warrant. They are authorized to start an investigation into a cognizable case on their own and do not require any orders from the court to do so)
• If the inquiry discloses the commission of a cognizable offense, FIR must be registered.2. FIR (FIRST INFORMATION REPORT)
• Section 154 of Code of Criminal Procedure,1973(CrPc) defines what amounts to the first information
• FIR is a written document prepared by the police when they receive information about the commission of the cognizable offense.
• FIR can be formed without preliminary inquiry in some of the offenses.
• Mandatory information disclosed indicated the commission of cognizable offenses.
• FIR is mandatory for the offenses to proceed with the investigation.FIR stands for First Information Report. It is the first document which is prepared in criminal proceedings. Section 154 CrPC lays down the procedure for lodging an FIR. IT is a document which mentions the victims side of the story. Any person who has information about the admission of the cognizable offence can lodge an FIR. It should be filed in the police station of the concerned area in whose jurisdiction the offence took place.FIR is made to maintain a record of information of the cognizable offences which have been committed. It implies to the the complaint registered with police by plantiff or any person having knowledge of the cognizable offence. Any person who has the knowledge of a cognizable offence being committed can go to the police station and register an FIR after which the criminal proceedings could take place, it is not mandatory that only the victim can register an FIR but any person who is aware about the fact of the commission of a cognizable offence can get FIR registered.If the policeman refuses to register an FIR then one has an option to file a private complaint before the court having jurisdiction. One can bring the complaint to the notice of the superintendent of Police or any other concerned officer.
Case- Habib v/s State of Bihar- The court in this case states that the principle object of FIR which was to set the criminal laws in motion.
PRELIMINARY INQUIRY
Section 157CrPC deals with the procedure of Preliminary Inquiry. It is an inquiry prior to the trial which is done for the purpose of indicating the criminal nature of offence or for the reason that whether the trials should start or not. This section deals with when a police officer receives information about which offence is a cognizable offence then he is accountable to make report of it and such report shall be sent to the magistrate of that jurisdiction. A preliminary inquiry is a hearing that takes place to determine that whether there is enough evidence to justify sending the case to trial. If the judge decides that there is not enough evidence then the judge will dismiss the case and discharge the accused who is there after free to go and if there is enough evidence then the judge will order that the accused stand trial and a trial date is set.FIR or First Information Report
The First Information Report is the first information of a cognizable offense (where police have the authority to arrest without warrant) to the police, as defined by Section 154 of the CRPC. The term “first in point of time” is not defined in the Code, but it refers to information about the commission of a criminal offense that is given to the police initially.
The purpose of filing an FIR is to put criminal legislation into action, not to express all of the minor information included therein. The main goal of the F.I.R. is to set the criminal law in motion and to gather information regarding alleged illegal behaviour so that appropriate procedures can be taken to track down and prosecute the perpetrators.
An FIR can be filed by anyone who possesses information regarding the admission of a cognizable offense. It should be submitted at the police station in the affected area, under whose authority the crime occurred.
Any individual who has information of a cognizable offense being committed can go to the police station and file an FIR, following which criminal proceedings can begin. Only the victim doesn’t need to file an FIR; anybody who knows a cognizable offense being committed can file an FIR.
If the cop, somehow, refuses to file an FIR, the victim has the option of filing a private complaint with the appropriate court. The superintendent of police or any other concerned officer might be notified of the complaint.
Preliminary Inquiry
The word inquiry refers to the act of posing a question. A formal investigation is referred to as an inquiry. The practice of preliminary inquiry is described in Section 157 of the CRPC, which specifies that when a police officer receives particular information concerning a cognizable offense, as a result, whenever a police officer receives information on a cognizable offense, he is responsible for filing a report, which must be filed to the magistrate in that jurisdiction.
If any individual receives information on a case involving another person and the offense is not serious, the police in charge shall not proceed with the investigation or may not delegate any officer to do so. If there is no compelling motive to investigate, the investigating officer will not do so.
A preliminary inquiry is a hearing held to evaluate whether or not there is sufficient evidence to carry the case to trial. If the judge determines that there is insufficient evidence, the case will be dismissed and the accused will be allowed to leave; if there is sufficient evidence, the court will order that the accused stand trial, and a trial date will be established.Cognizable offence is an offence in which a police officer in accordance with the First schedule arrest without warrant. Cognizable offences are usually serious in nature . In congnizable offences the police officer can arrest without issuing warrant . In cognizable offences police has the duty to investigate the case without seeking permission from the magistrate .Once an FIR has been filed in terms of a cognizable offence the police are legally bound to start investigating the case , collect evidence inspect the crime scenes etc. The First Information Report is filed in terms of Cognizable offences , Preliminary enquiry is only conducted whether to ascertain if the offence is a cognizable offence or not. Preliminary Inquiries usually proceed on the basis of the written statements of evidence and documents served by the prosecution. In a Preliminary Investigation all witnesses attend to give oral evidence. The Delhi High Court had promulgated that in the process of hearing a case about registering FIRs against BJP Leaders, who had delivered hate speeches and had been instrumental in inciting violence .was seen reminding the police to follow guidelines as established by the case of Lalita Kumari v. Government of UP and Ors.. The said case, sought to answer two questions, (i) Whether in case FIR is not registered immediately, then does it leave scope for manipulation by police, given that they can act on their discretion? and (ii) Whether in case complaint/information revealed does not clearly disclose commission of a cognizable offence, then whether FIR needs to be filed immediately and compulsorily? It is pertinent to note, that in case of the former, the rights of the complainant/victim stand endangered, and in case of the latter, the rights of the accused stand likewise. Registering the FIR is mandatory if information disclosed indicates the commission of cognizable offence. If the said information revealed does not disclose commission of a cognizable offence, but indicates the need for an inquiry, preliminary inquiry may be conducted, for the sole purpose of ascertaining the commission of a cognizable offence. In case the preliminary inquiry discloses that a cognizable offence has been committed then an FIR must be registered. In case the preliminary inquiry ends up closing the complaint, a copy of the entry of this closure must be supplied to the first informant forthwith and not later than a week. The same must lay out reasons in brief for non-proceeding of the complaint.
PRELIMINARY ENQUIRY
The purpose of the preliminary investigation is not to verify the veracity of the information received, but only to determine if the information gives rise to offences classified in the penal code. The type and in which cases of preliminary investigations will be carried out depends on the facts and circumstances of the respective case. Section 157 of the CRPC deals with the preliminary investigation procedure, which states that when the police receive certain information about a crime, the police officer and the highlight of the offence is that it must be an cognizable offence. So if the police officer receives information about a cognizable crime, he is responsible for filing a report and that report is sent to the judge in that jurisdiction. Its main objective is to determine if the offence was criminal or not. These preliminary investigations can only be initiated with the consent and order of the responsible authorities. Even in cases that must be investigated in accordance with the orders of the Supreme Court and Superior Courts, Therefore, it is necessary for the police inspector to carefully analyze the material available at the time of evaluating the inspection report presented by the inspector, so as not to resort to registering a preliminary investigation in situations where ordinary cases may arise, Section 154. CrPC.FIRST INFORMATION REPORT (F.I.R.)
The term “initial information report” is not defined in the Code of Criminal Procedure. Rather, the term was only used in Section 207, which requires the judge to give the defendant a copy of the Preliminary Information Report filed under Section 154 (1) of the Code. The first report recorded by the police on the commission of a cognizable case is the initial information report, which provides information on the offense established in the criminal code.
It can be defined as follows:
• It is information that is given to the police officer.
• The information must be related to a crime typified in the penal code.
• This is the information that is first reported at that time.
• The victim of the apparent crime or someone on their behalf provides information and reports to the police.
• This is the information on the basis of which the investigation is initiated. The FIR must be in writing.
The main objective of the F.I.R. is to implement criminal law. And also to allow the police officer to investigate the crime committed and collect all possible evidence as soon as possible.A preliminary inquiry is an inquiry prior to the trial and which is done for the purpose of indicating the criminal nature of the offence or for the reason that whether the trials should start or not. Section 157 of CrPC deals with the preliminary enquiry. This section gives power to the police to report and inquire about the offence that has been committed or not. The section talks about the information that should be recorded in order to highlight that the information received regarding the offence is of the cognizable offence so that any further information regarding the same can be added to the report and hence, the police officer will be accountable for the report and the same shall be sent to magistrate. And, under section 159, If in case the police in charge convey to the court that they will not proceed with the investigation as there no cognizable offence formed or if they deny to the informant that there is no sufficient ground for investigation; in such cases, the court may direct the police in charge to proceed with the preliminary inquiry or investigate the matter; the alternative under this section is that the court may also proceed to depute any Magistrate subordinate to him. The Magistrate may direct him to make a preliminary inquiry and such inquiry will not be termed as a trial.
In Lalita Kumari v. Government of U.P. (2014) 2 SCC 1, the court said that the scope of preliminary inquiry is only to scrutinize whether the information provided to police discloses the commission of a cognizable offence o not.
FIR is described under Sec. 154 of the CrPC. It is the first information of a cognizable crime given to the police. FIR is not defined in the Code but it means information relating to the commission of a cognizable offence given to the police first in point of time. The reason for documenting an FIR is to a set criminal law into motion and not to express all the small details therein. It is not a substantive piece of evidence i.e. evidence of the facts recorded in it. A First Information Report can be used to corroborate the information under Section 157 of the Indian Evidence Act or to contradict under Section 145 of Evidence Act if the informant is called as a witness at the time of trial.
The Preliminary inquiry is basically regarding the information given to police, in order to confirm whether the information provided to police is regarding a cognizable offence or not and in order to proceed further, the police must know that the offence is cognizable offence.
Hence, it becomes necessary that a preliminary inquiry is conducted, given that registration of FIR brings with itself huge ramifications in the nature of social stigma, loss of livelihood, among other things that may significantly impact the person against whom FIR may be registered, and may also lead to non-exploration of a civil remedy.While the process of initiating and conducting a preliminary inquiry against any offences conducted by the public servant does exist (as part of the Prevention of Corruption Act and CBI Crime Manual), no central act has sought to define this concept for its application to check on incomplete disclosure of information regarding commission of a cognizable offence, as may be revealed by the victim or complainant.
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