First Information Report- FIR

First Information Report- FIR
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FIR (First Information Report) is a report which comes under criminal procedure code (C.r.pc) section 154 in 1973. An FIR can be registered only for cognizable offenses. Cognizable offenses are those offenses 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 offense commission of cognizable offense comes under there area of jurisdiction.

First Information Report- FIR

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 First Information Report which come under section 154 of CrPC:

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Information

There should be offense information.

Cognizable offense

The offense must be related to the cognizable offenses

Oral or written

The information was given either orally or written form. If it is given oral than 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.

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If the statement is given under 154 of CrPC is oral then there should be a sign of informant who gave the oral statement. It is for the purpose to connect the statement with the criminal offense by fixing the person for the responsibility of the statement which he made.

It is punishable under section 180 of the IPC if the informant is refuse 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 on the bases of the sign of informant. The FIR will be still admissible as evidence.

Officer in charge of a police station or woman police officer

It must be done under in-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 with free of cost.

Conditions for a First Information Report

There are mainly two conditions for the FIR which should be fulfilled, which are:

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  • What is conveyed in FIR must be information; and,
  • The information given must be related to the offense which is cognizable in the eyes of 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 the jurisdiction of 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 as 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 recorded, signed, and registered, the copy of FIR given to the informer free of cost.

 

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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 offense
  • 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 file?

An FIR must file at the closest place of the crime location. Police cant 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 investigation only after the FIR registered to their police station.

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What happens when the FIR has been filed?

Once the FIR has been file 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 you do if the police refuse to file an FIR?

  • You can meet the Superintendent of the police station or higher officer like Deputy Inspector of police and bring your complaint to their notice.
  • You can send your complaint in writing and by posting to the superintendent of police concerned if he 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 interest of women. They have counselling, legal, and research arms to tackle violence and discrimination against women. They receive complaints against dowry, harassment, and 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 fille in this meantime. But FIR should be filed promptly because it is useful for pieces of evidence. Sometimes, the situation arises where the informant failed to file the first information report due to the reasonable delay. In that case, the judges have the power that they can use their discretion power for the interest of justice. It means the delay in FIR is depend upon the facts and circumstances of every case.

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 Read Related Article:

The Supreme Court of India: Composition, Power, and Jurisdiction

Writs under Article 32 and 226

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