Context:
The Supreme Court recently ruled that information revealing the occurrence of a cognizable offense must be documented as a FIR, rather than in the General Diary.
General Diary:
- General Diary – Record comprising details of significant transactions and events within a police station such as movement of police personnel, the transfer of responsibilities etc.
- Purpose – To document all complaints, charges filed, names of arrested individuals, complainants, offenses charged, seized weapons or property, and the names of witnesses examined.
- Also known as – Station Diary or Daily Diary
- Governed by – Section 44 of the Police Act, 1861, or the relevant provisions of state police acts.
- It mandates that every officer in charge of a police station must maintain a general diary as per the format specified by the State Government.
- Difference with Case Diary – Case Diary is specific to a particular investigation, while the General Diary records all legal events within a police station’s jurisdiction.
First Information Report (FIR):
- FIR – It is a written document prepared in a police station following information provided by a victim or any other individual, either in written form or orally.
- Prepared for – Cognizable offenses
- Investigation commences only after the FIR is filed.
- Who can lodge – Can be filed by anyone who has knowledge of a cognizable offence, including the victim or any person aware of the offence.
- Police officers can also file an FIR upon learning about such an offence.
- Laws regarding FIR –
- The term FIR is not specified in the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC) of 1973, or any other legislation.
- Information received by the police officer, however, has to be recorded in the manner provided in Section 154 of CrPC.
Major Distinctions:
| Distinction | FIR | General Diary (GD) |
| External Distribution | Disseminated to superior officers and Judicial Magistrates | Not sent to the Magistrate, but to higher officers. Magistrate can inspect if necessary. |
| Complainant’s Signature | Obtained in FIR | No such requirement |
| Disclosure | FIR copies are provided to the complainant | GD remains an internal police record |
Landmark judgements:
- CBI v. Tapan Kumar Singh (2003) – Supreme Court ruled that a General Diary Entry may be treated as an FIR in appropriate cases.
- Lalita Kumari v. Government of Uttar Pradesh (2004) – The court held thatif the information discloses commission of a cognizable offence then registration of FIR is mandatory under Section 154 of CrPC.
- State By Lokayukta Police v. H. Srinivas (2018) – Supreme Court emphasized the importance of maintaining a General Diary but clarified that its absence does not automatically invalidate criminal proceedings.
Source: Live Law
Previous Year Question
With reference to India, consider the following pairs:
Action: The Act under which it is covered:
1. Unauthorized wearing of police or military uniforms: Official Secrets Act, 1923
2. Knowingly misleading or otherwise interfering with a police officer or military officer when engaged in their duties: Indian Evidence Act, 1872
3. Celebratory gunfire which can endanger the personal safety of others: Arms (Amendment) Act, 2019
How many of the above pairs are correctly matched?
[UPSC Civil Service Exam – 2023 Prelims]
(a) Only one
(b) Only two
(c) All three
(d) None
Answer: (b)
Explanation:
Statement 2 is incorrect. Official Secrets Act, 1923 says that no person in the vicinity of any prohibited place shall obstruct, knowingly mislead or otherwise interfere with or impede, any police officer, or any member of 3 [the Armed Forces of the Union] engaged on guard, Sentry, patrol, or other similar duty in relation to the prohibited place.
