Supreme Court of India

Tapinder Singh v State of Punjab

AIR 1970 SC 156619701 min read
The case in brief30-second read
Facts
An anonymous telephone message that firing had occurred at the taxi stand in Ludhiana was recorded in the daily diary of the police station. The police then went to the spot and recorded a detailed statement, which was treated as the FIR. The defence argued that the telephone message was the FIR.
Issue
Whether a cryptic and anonymous telephone message recorded by the police is an FIR.
Held
The telephone message did not identify the caller and did not clearly disclose a cognizable offence. It was not an FIR merely because it was the first information received in point of time. Whether a document is an FIR depends on the facts and circumstances of each case.
Principle
A cryptic telephone message that does not disclose a cognizable offence is not an FIR.
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Facts

  • An anonymous telephone message that firing had occurred at the taxi stand in Ludhiana was recorded in the daily diary of the police station. The police then went to the spot and recorded a detailed statement, which was treated as the FIR. The defence argued that the telephone message was the FIR.

Issue

  1. Whether a cryptic and anonymous telephone message recorded by the police is an FIR.

Held

  • The telephone message did not identify the caller and did not clearly disclose a cognizable offence. It was not an FIR merely because it was the first information received in point of time. Whether a document is an FIR depends on the facts and circumstances of each case.

Ratio decidendi

Information is an FIR only if it discloses a cognizable offence. A cryptic telephone message from an unknown caller that does not clearly disclose such an offence is not an FIR merely because it was received first. Whether a document is an FIR depends on the facts and circumstances of each case.

Exam use

How to use it in an answer

Part A (6 marks): Cite on what counts as an FIR under S.173 BNSS. Key line: "A cryptic telephone message that does not disclose a cognizable offence is not an FIR."

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Citation

Tapinder Singh v State of Punjab AIR 1970 SC 1566

Reported: https://indiankanoon.org/doc/756608/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.