Law regarding Consolidation of FIRs

Consolidation of First Information Report (FIR)

Consolidation of First Information Reports (FIRs) refers to the process of merging two or more FIRs that relate to the same incident or offence. This is typically done when multiple FIRs are filed in different police stations or jurisdictions about the same incident, which can result in duplication of investigation efforts and can also be inconvenient for the parties involved.

Consolidation of FIRs helps to ensure that the investigation is carried out in a more coordinated and efficient manner. It can also help to avoid inconsistencies and discrepancies in the investigation, and prevent the accused from being harassed or subjected to multiple investigations for the same incident.

However, it is important to note that the consolidation of FIRs should be done in a fair and just manner, and that the rights of the accused should not be violated in the process.

The courts in India have laid down guidelines for the consolidation of FIRs, and have emphasized that it should not be done in a manner that undermines the principles of natural justice and due process.

Reference in Statutes

In India, the law regarding the consolidation of First Information Reports (FIRs) is primarily derived from the Code of Criminal Procedure (CrPC), 1973. The CrPC sets out the procedure for the registration and investigation of FIRs, and also provides guidance on how multiple FIRs relating to the same or similar incidents should be dealt with. Section 154 of the CrPC provides for the registration of FIRs by the police upon receiving information of a cognizable offence.

If more than one FIR is registered in relation to the same incident, the police are required to investigate all the FIRs and prepare a consolidated report (commonly referred to as a “final report” or “charge sheet”).

However, if multiple FIRs are registered for different incidents, the police cannot club them together and must investigate them separately. This was held by the Supreme Court of India in the case of Satvinder Kaur v. State (Govt. of NCT of Delhi) (1999).

In cases where FIRs are registered for different offences arising out of the same incident, the police can investigate all the FIRs together and file a single charge sheet. This was held by the Supreme Court of India in the case of State of Haryana v. Bhajan Lal (1992).

Development of Law Regarding Consolidation of FIR over the period through Case Laws:

Here are some case law studies from the Supreme Court of India on the consolidation of First Information Reports (FIRs):

1. State of West Bengal v. Swapan Kumar Guha (1982) In this case, the Supreme Court of India held that when two FIRs have been lodged for the same incident, the
investigating agency can investigate both the FIRs together if they are inter-connected and form part of the same transaction.

2. T.T. Antony v. State of Kerala (2001) In this case, the Supreme Court of India held that if multiple FIRs are registered against a person in relation to the same incident, the police can investigate all the FIRs together and file a single chargesheet if the FIRs are inter-connected and arise out of the same transaction.

3. Satvinder Kaur v. State (Govt. of NCT of Delhi) (1999) In this case, the Supreme Court of India held that if multiple FIRs are registered in relation to the same incident, the police can investigate all the FIRs together and file a single chargesheet. However, the Court also held that if the FIRs relate to different incidents, the police cannot club them together and must investigate them separately.

4. State of Haryana v. Bhajan Lal (1992) In this case, the Supreme Court of India held that if multiple FIRs are registered against a person for different offences but arising out of the same incident, the police can investigate all the FIRs together and file a single chargesheet. However, the Court also held that if the FIRs relate to different incidents, the police cannot club them together and must investigate them separately.

5. State of U.P. v. O.P. Sharma (1996) In this case, the Supreme Court of India held that if two FIRs have been lodged for the same incident, the police should investigate both the FIRs together and file a single chargesheet. However, if the FIRs relate to different incidents, the police cannot club them together and must investigate them separately.

6. Arnab Goswami Case: Arnab Goswami, the Editor-in-Chief of Republic TV, had multiple FIRs lodged against him in 2020 in different states of India. The FIRs were in relation to allegations of abetment of suicide and defamation. Arnab Goswami approached the Supreme Court of India seeking to quash the multiple FIRs lodged against him and argued that they were politically motivated.

7. In December 2020, the Supreme Court of India ruled that the consolidation of multiple FIRs was permissible in cases where the FIRs related to the same incident. The Court noted that if multiple FIRs were lodged in different jurisdictions, it would be appropriate to consolidate them in one jurisdiction and for the investigation to be conducted by one agency. However, the Court also held that the consolidation of FIRs should not be done in a manner that violates the rights of the accused or the principles of fair investigation.

8. Pawan Khera Case: Pawan Khera, a spokesperson for the Indian National Congress party, had multiple FIRs lodged against him in 2020 in different states of India. The FIRs were in relation to alleged defamatory statements made by him against certain individuals and political parties.

In September 2020, the Delhi High Court ruled that the consolidation of multiple FIRs was not permissible in cases where the FIRs related to different incidents. The Court noted that if the FIRs related to different incidents, they should be investigated separately, and the consolidation of FIRs could not be done merely for the convenience of the police. The Court also held that the consolidation of FIRs should not be used as a means to harass or intimidate the accused.

Conclusion

These cases provide guidance on how the consolidation of FIRs should be approached by the police and investigating agencies, and highlight the importance of ensuring that the investigation is conducted fairly and efficiently. It is important to note that the consolidation of FIRs should not be used as a means to falsely implicate individuals or to manipulate the investigation.

The police and investigating agencies are required to ensure that the investigation is conducted fairly and efficiently, and that the rights of the accused are protected. It is further important for the investigative agency to ensure that the consolidation of FIRs is done in a fair and just manner, and that the principles of natural justice and due process are upheld.

The Courts have emphasized that the consolidation of FIRs should be done in a manner that does not violate the rights of the accused or undermine the principles of fair investigation.