FIR: LEGAL SIGNIFICANCE AND JUDICIAL SAFEGUARDS AGAINST MISUSE
AUTHOR – RUSHIKESH WALKE, LLM STUDENT AT SAVITRIBAI PHULE PUNE UNIVERSITY
BEST CITATION – RUSHIKESH WALKE, FIR: LEGAL SIGNIFICANCE AND JUDICIAL SAFEGUARDS AGAINST MISUSE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (1) OF 2026, PG. 83-89 , APIS – 3920 – 0001 & ISSN – 2583-2344.
Abstract
The First Information Report (FIR) occupies a pivotal position in the Indian criminal justice system, acting as the foundation upon which the investigative process is initiated. Rooted in Section 154 of the Code of Criminal Procedure, 1973 (now Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023), the FIR serves as the earliest formal record of information relating to the commission of a cognizable offence. Its legal significance extends beyond procedural formality, as it safeguards the interests of victims, ensures prompt police action, and provides a check against arbitrary or delayed investigations.
However, despite its importance, the FIR mechanism has been increasingly susceptible to misuse, including the registration of false or motivated complaints, abuse for personal vendetta, political targeting, and harassment of individuals through criminal process. Such misuse not only undermines the credibility of law enforcement agencies but also threatens the fundamental rights guaranteed under Articles 14 and 21 of the Constitution of India. Recognising these concerns, the Indian judiciary has played a proactive role in evolving safeguards to prevent abuse while preserving the utility of the FIR as a tool for justice.
This article undertakes a comprehensive doctrinal and judicial analysis of the FIR, examining its legal nature, evidentiary value, and procedural framework. It critically analyses landmark judicial pronouncements that have shaped the law relating to registration, quashing, and misuse of FIRs, including guidelines laid down to protect against arbitrary arrests and malicious prosecutions. The article further evaluates the balance struck by courts between individual liberty and societal interest, and concludes by suggesting reforms to strengthen judicial safeguards while ensuring effective criminal administration.
Keywords – First Information Report, Criminal Procedure, Misuse of FIR, Judicial Safeguards, Fundamental Rights, Police Powers