Can Two FIRs Be Registered for One Vehicle Collision?

Vehicle collisions are unfortunately common, and in the heat of the moment, both parties might rush to the police station to file a First Information Report (FIR). But what happens when two FIRs are registered for the same accident? Is this legally permissible, or does it amount to an abuse of the legal process?

The question often arises: Can two FIRs in vehicle collisions be registered? This post delves into Indian legal principles governing the registration of multiple FIRs for the same incident, drawing from established case law and judicial precedents. While this provides general insights, it is not a substitute for professional legal advice—consult a lawyer for your specific situation.

Understanding FIRs and Their Role in Criminal Proceedings

An FIR is the first step in setting criminal law into motion under Section 154 of the Code of Criminal Procedure (CrPC), 1973. It records information about a cognizable offense, triggering police investigation. 2013 0 Supreme(Ker) 627

In vehicle collisions, FIRs are typically filed under relevant sections of the Indian Penal Code (IPC), such as Section 279 (rash driving), 337 (causing hurt by negligence), or 304A (causing death by negligence), alongside Motor Vehicles Act provisions.

However, registering multiple FIRs for the same incident raises concerns about duplication and harassment.

General Prohibition on Multiple FIRs

The lodgment of two or more FIRs is generally not permissible in respect of one and the same incident. 2023 0 Supreme(Ker) 870 2013 0 Supreme(Ker) 627

Registering multiple FIRs by the same person against the same accused for the same set of facts and allegations is considered an abuse of the process of law. 2022 0 Supreme(SC) 1293

This principle prevents multiplicity of proceedings, which could lead to conflicting investigations and undue hardship on the accused. Courts have consistently quashed subsequent FIRs that mirror the first one, emphasizing efficiency in the justice system.

Exceptions to the Prohibition

There are notable exceptions where multiple FIRs may be allowed:

• Counter-FIRs: Filing of a counter-FIR relating to the same or connected cognizable offense is permissible. 2013 0 Supreme(Ker) 627
• Different versions by accused: Allegations made by the accused in the first FIR alleging a different version of the same incident. 2013 0 Supreme(Ker) 627

In such cases, the allegations take different shapes, justifying separate FIRs. 2013 0 Supreme(Ker) 627

For instance, in rival versions of a vehicle collision—where Party A claims the other drove rashly, and Party B counters with a opposite narrative—both FIRs can stand as they represent two different versions of the same occurrence. 2020 0 Supreme(J&K) 485

From the above, it is clear that two FIRs lodged by the rival parties regarding the same incident can be registered. 2020 0 Supreme(J&K) 485

The Test of Sameness: Key Judicial Standard

The concept of sameness has been given a restricted meaning. 2013 0 Supreme(Ker) 627

Courts must examine the facts and circumstances to determine whether the two FIRs relate to the same incident or are in regard to incidents that are two or more parts of the same transaction. 2022 0 Supreme(SC) 1293 2023 0 Supreme(Ker) 870

If affirmative, the second FIR is liable to be quashed. 2022 0 Supreme(SC) 1293

This test is crucial in vehicle collision cases, where proximity in time and place often suggests sameness. For example, two FIRs at Shibpur Police Station on 31 March 2023, and two at Serampore on 2-3 April 2023, appear proximate in time and likely relate to the same incident. 2023 5 Supreme 425

Application to Vehicle Collision Scenarios

In a typical vehicle collision:1. If both FIRs are based on the same set of facts and allegations, subsequent ones may be quashed as an abuse of process. 2022 0 Supreme(SC) 1293 2023 0 Supreme(Ker) 8702. However, if they allege different versions or pertain to connected cognizable offenses, multiple FIRs may be permissible. 2013 0 Supreme(Ker) 627

Consider a case where FIRs Ex.P/2 & P/3 were filed by the claimant, but discrepancies like changing vehicle registration numbers undermined credibility. 2024 0 Supreme(MP) 191 Courts disbelieved such evidence, highlighting how inconsistencies can lead to rejection. 2024 0 Supreme(MP) 191

Another example: Two FIRs on the same date (26-04-2020) were upheld because they had different causes of action, informants, accused, and offenses. 2023 0 Supreme(Pat) 1317 The registration of multiple FIRs is permissible if they pertain to different causes of action or involve different parties, even if they arise from the same incident. 2023 0 Supreme(Pat) 1317

In a sugar industry case involving ethanol siphoning (linked to vehicle transport?), the second FIR was valid due to broader conspiracy allegations not covered in the first. 2023 0 Supreme(Pat) 1317

Vehicle-specific precedents reinforce this:- In a two-wheeler vs. Tata Ace collision with no damage/injury, two FIRs (Crime Nos. 332/333/2022) were registered.

Balakrishanan vs The Inspector of Police - 2022 Supreme(Online)(MAD) 28829

VIRENDRA YADAV vs STATE OF RAJASTHAN

There can be two FIRs in respect of a case and a counter case. There can be two FIRs pertaining to two different incidents / crimes. 2018 0 Supreme(Mad) 2443

Insights from Broader Case Law

Courts have clarified that subsequent information relating to the first FIR does not justify a second FIR. 2019 0 Supreme(Mad) 579 The registration of present FIR is not on the basis of subsequent information relating to the first FIR. As such, it can not be said that for the very same allegations two FIRs have been registered. 2019 0 Supreme(Mad) 579

In domestic violence contexts with multiple FIRs across stations, courts scrutinize for malice. 2021 0 Supreme(Del) 731

Even in NDPS or property disputes, prior FIRs don't bar new ones if distinct.

SANDEEP(Not Applicable) vs STATE OF HP(Not Applicable)

In the present case claimant lodged FIR Ex.P/3... registration number of the offending vehicle is mentioned as MP-09-JN-6381... claimant unable to explain this anomaly. 2024 0 Supreme(MP) 191

When Courts Intervene: Quashing Petitions

Under Section 482 CrPC, High Courts quash duplicative FIRs to prevent abuse. But if investigations reveal substance—like in rival attack FIRs with substantiated claims—petitions fail. 2020 0 Supreme(J&K) 485

In passport renewal cases, pending FIRs (even multiples) don't bar renewal if permissions are sought. 2021 0 Supreme(P&H) 396

Key Takeaways and Recommendations

• Generally, avoid filing multiple FIRs for identical facts to prevent quashing.
• Counter-cases or different versions are exceptions.
• Test of sameness hinges on facts, time, and place.
• In vehicle collisions, proximate FIRs (e.g., same day/station) risk invalidation unless differentiated.

The legality depends on specific facts. Courts examine allegations meticulously. 2022 0 Supreme(SC) 1293 2023 0 Supreme(Ker) 870

If facing multiple FIRs post-collision, seek legal counsel promptly for quashing if applicable. Police should consolidate where possible.

This overview draws from judicial precedents; outcomes vary by case details. Always consult an advocate for tailored guidance.