When Can a Second FIR Be Filed? Supreme Court’s Stand

Legal Background and Key Precedent

Under Indian criminal jurisprudence, the registration of multiple FIRs for the same incident has been considered impermissible, except in specific circumstances. The Supreme Court, in T.T. Antony v. State of Kerala [(2001) 6 SCC 181], laid down the principle that a second FIR for the same offence is generally not maintainable as it would violate Article 21 of the Constitution. However, later judgments introduced exceptions to this principle.

The Supreme Court’s Recent Ruling in State of Rajasthan v. Surendra Singh Rathore

The case involved allegations of corruption against a government officer. Two FIRs were registered:

1. FIR No. 123 of 2022 – Related to a bribe demand of Rs. 15 lakhs per month for the sale of bio-diesel.

2. FIR No. 131 of 2022 – Detailed a larger conspiracy involving multiple persons and transactions over some time.

The Rajasthan High Court had quashed the second FIR, holding that it was an extension of the first FIR and violated the principle laid down in T.T. Antony.

The Supreme Court, however, overturned this decision, stating that the two FIRs had distinct scopes—the first FIR addressed a specific instance of bribery, whereas the second FIR uncovered a larger network of corruption.

Situations Where a Second FIR is Permissible

Based on the Supreme Court's rulings, a second FIR is maintainable under the following circumstances:

1. When It Is a Counter-Complaint

A second FIR can be registered when it presents a rival version of the same set of facts. This is common in cases involving cross-complaints, where both parties accuse each other of criminal conduct arising from the same incident. [Upkar Singh v. Ved Prakash, (2004) 13 SCC 292].

2. When the Ambit of the Two FIRs Is Different

If the allegations in the second FIR extend beyond the scope of the first FIR, covering different aspects of a crime or a larger conspiracy, it is permissible. This was the key reason in the State of Rajasthan v. Surendra Singh Rathore.

3. When New Facts or a Larger Conspiracy Is Discovered

If new evidence comes to light after the first FIR is registered, warranting a separate investigation into previously unknown facts or a broader criminal conspiracy, a second FIR is justified [Nirmal Singh Kahlon v. State of Punjab, (2009) 1 SCC 441].

4. When the Incidents Are Distinct but Related

If the second FIR pertains to separate incidents or transactions, even if they are connected to the same accused, it is permissible. The courts consider whether the second FIR relates to an independent crime or simply provides additional details on the first FIR [Babubhai v. State of Gujarat, (2010) 12 SCC 254].

When a Second FIR is not Permissible

While exceptions exist, the general rule remains that a second FIR for the same offence is impermissible in the following cases:

1) When It Is an Attempt to Reinvestigate the Same Allegations

Once an FIR has been registered and investigated, the police cannot file a fresh FIR for the same offence, as this would amount to abuse of process.

2) When It Is Not a Cross-Case

A second FIR is not maintainable if it is not a counter-complaint and merely reiterates or expands on allegations in the first FIR (T.T. Antony v. State of Kerala).

3) When the Allegations Could Have Been Covered in the Original FIR

If the facts in the second FIR were already part of the first investigation, the police should conduct the further investigation under Section 173(8) CrPC [now Section 193 (9) Bharatiya Nagarik Suraksha Sanhita, 2023] rather than filing a second FIR.

Conclusion

The Supreme Court’s judgment in State of Rajasthan v. Surendra Singh Rathore reinforces that while multiple FIRs for the same offence are generally impermissible, exceptions exist when new facts, a broader conspiracy, or distinct incidents come to light. This ruling provides crucial guidance on balancing investigative powers with an accused’s fundamental rights under the Constitution.

Understanding these principles is essential for legal practitioners and law enforcement agencies to ensure compliance with procedural fairness while effectively addressing criminal conduct.

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