FIR (First Information Report) is a report which comes under the Criminal Procedure Code (C.r.pc) section 154 in 1973. An FIR can be registered only for cognizable offences. Cognizable offences are those offences in which the officer-in-charge of a police station can arrest a person without a warrant. It is recorded in the manner under section 154 of c.r.pc. Every police station has a jurisdictional area for which they can take up the investigation if offence commission of cognizable offence comes under their area of jurisdiction.
Table of Contents
First Information Report
Contents of First Information Report
FIR includes the date, time, place, incident details, and a description of the person involved.
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Ingredients of First Information Report
Some essential ingredients of the First Information Report which come under section 154 of CrPC:
Information
There should be offensive information.
Cognizable offense
The offence must be related to the cognizableoffencess
Oral or written
The information was given either orally or in written form. If it is given orally then the officer-in-charge of the police station shall be reduced to writing by him or under his direction and be read to the informant.
Entering of substance in the book
The information shall be entered in a book to be kept by such police officer in such form as the state government may prescribe on this behalf.
Signature of informant
The information given by the person to the police officer shall be signed by the informer.
If the statement given under 154 of CrPC is oral then there should be a sign of the informant who gave the oral statement. It is for connecting the statement with the criminal offence fixing the person for the responsibility for the statement that he made.
It is punishable under section 180 of the IPC if the informant refuses to sign the First Information Report. However, it is not necessary that there must be the signature of the informant because an FIR cannot be nullified based on the sign of the informant. The FIR will be still admissible as evidence.
An officer in charge of a police station or a woman police officer
It must be done under the charge of the police station or if the informant is a victim (woman) then it will be taken by a woman police officer.
Copy of FIR
The complainant can get a free copy of FIR free of cost.
Conditions for a First Information Report
There are mainly two conditions for the FIR which should be fulfilled, which are:
- What is conveyed in FIR must be information; and,
- The information given must be related to the offence which is cognizable in the eyes of the law.
Kinds of FIR
There are two kinds of FIR
FIR
This is a simple FIR where the informant gives the information in the police station where the police station has jurisdiction over the area where the crime occurred.
Zero FIR
It means an FIR is filed in a police station outside the jurisdiction limitation and location of the incident. The respective police station takes in the FIR and makes it a ZERO FIR by giving it zero serial numbers and immediately transfers the document over to the related jurisdiction.
Procedure to file a First Information Report
- The officer must record the FIR in writing.
- The officer must read the FIR in front of the informer to ensure that the details are correct.
- FIR must be signed by the informer.
- Once the FIR is recorded, signed, and registered, a copy of the FIR is given to the informer free of cost.
Who can file the First Information Report?
FIR can be filed by any aggrieved person or anybody on his behalf
- Any person who is aware of an offence
- Any eyewitness
- By the accused himself
Any person can file an FIR
The informer doesn’t need to be a victim of an eye witness. Anybody can field if they have firsthand knowledge of the facts.
Where should it be filed?
An FIR must be filed at the closest place to the crime location. The policeman does not refuse to file an FIR. Every police station has a jurisdictional area to investigate the crime place.
Why should one file a First Information Report?
An FIR is a very important document. It is one of the first steps towards the wrong. Police take up an investigation only after the FIR is registered at their police station.
What happens when the FIR has been filed?
Once the FIR has been filed police have started to investigate the case. The process of investigation includes collecting shreds of evidence, inspecting the crime scene, recording the statement, questioning the witness, and forensic testing. If the police find the criminal, they can arrest the criminal. After the investigation is done the police will record all the findings in a ‘challan’ or charge sheet and if the police officer finds that there is enough proof on the charge sheet then the case goes to the court.
What do you do if the police refuse to file an FIR?
- You can meet the Superintendent of the police station or a higher officer like the deputy Inspector of police and bring your complaint to their notice.
- You can send your complaint in writing and by posting it to the superintendent of police concerned if he is satisfied then he can investigate the case by himself or order an investigation to be made.
- The person can also file a private complaint before the court having jurisdiction.
- You can also file a complaint to the state human rights commission or national rights commission if the police refuse to file an FIR.
There are some alternative steps to filling an FIR.
You can call the National Commission of Women (NCW) if the police refuse to file an FIR. The National Commission of Women has organized to protect the interests of women. They have counselling, legal, and research arms to tackle violence and discrimination against women. They receive complaints against dowry, harassment, domestic violence, refusal of FIR, rape, torture, gender discrimination, and sexual harassment at the workplace.
Why FIR should file promptly?
According to the CrPC, the FIR must be filed without wasting any time. The FIR made instantly or promptly gains credibility in the criminal case. The promptly recorded FIR eliminates the chances of suspicion. It also gives fast information to the police so that they can collect the pieces of evidence timely.
Duration for FIR
There is no time limit given under the law that the FIR should file in the meantime. But FIR should be filed promptly because it is useful for pieces of evidence. Sometimes, the situation arises where the informant fails to file the first information report due to a reasonable delay. In that case, the judges have the power they use their discretion power for the interest of justice. It means the delay in FIR depends upon the facts and circumstances of every case.
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