INTRODUCTION
The First Information Report, commonly referred to as FIR, which is a crucial legal document to initiate a criminal proceedings. It serves as the primary information to the law enforcement agencies to record the information about the alleged criminal activity. This article aims to clear the understanding of FIR, exploring its significance, procedure of filing FIR and role of FIR in the criminal justice system.
What is an FIR?
An FIR is written document which records the information about the cognizable offences like robbery, murder, theft, etc.
Procedure of filing an FIR.
In India the FIR is governed by the Code Of Criminal Procedure, 1973. Section 154. of the Cr.P.C. deals with the Information in cognizable cases. According to the section, informer will go to the officer in charge of Police Station and will give him the information about the cognizable offence. The information may be oral or in writing. If the information given to the officer is oral then Officer in Charge will write it down after that he will read out the whole complaint to the informer and will take the sign of the informer on the FIR which Officer has written down. One copy of FIR must be given to the informer free of cost and Officer has to maintain the FIR in his diary for the record as the State Government may prescribe in this behalf.
Provided that if the information is given by the women against whom an offence under section 326A, section 326B, section 354, section 354A, section 354B, section 354C, section 354c, section 354D , section 376, section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB, section 376E, or section 509 of the Indian Penal Code (45 of 1860) alleged to have been committed or attempted , then such information shall be recorded by women police officer.
In the event that the person against whom an offence under section 354, section 354A, section 354B, section 354C, section 354D, section 354, section 376, section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB, section 376E or section 509 of Indian Penal Code ( 45 of 1860), is alleged to have been committed or attempted , is temporarily or permanently mentally or physically disabled then in such cases the such information shall be recorded at the residence of such person who seeking to report such offences or at the choice of place of such person in the presence an interpreter or a special educator as the case may be
Section 155. of the Code of Criminal Procedure, 1973 deals with FIR in non- cognizable offences, in non –cognizable offences the informer or the complainant will go to the officer in charge of the police station and will give him the information about the alleged offence in written form or orally and will write it down and seek the permission of Magistrate to investigate the matter, without the order of Magistrate there is no power to investigate in the matter.
If the information has given to the officer in charge of the police station contain the information of cognizable and non-cognizable offences then the information will be dealt as cognizable offence.
Step to be taken if the police do not register FIR
According to the sub section 3 of section 154 of The Code of Criminal Procedure, 1973. If any person aggrieved by refusal on the part of an officer in charge of a police station to record the FIR as referred in sub section 1 of the code, may send the substance of such information , in writing and by post to the Superintendent of Police concerned, who if satisfied that the information discloses the commission of cognizable offence , shall either investigate the case himself or direct an investigation made by any police officer subordinate to him.
Cases
In Lalita Kumari v. State of U.P. , (2013)
The court orders that officer in charge of police station is bound to register an FIR, and within 24 hours of time span officer has to update the copy of FIR on online portal of the State where FIR can be shown.
“ PRIME LEGAL is a full- service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best consumer lawyer, best civil lawyer.”
Written by:- Aamir Hussain
References:
The Code of Criminal Procedure, 1973 (2 OF 1974), UNIVERSAL’S BARE ACT.
The Code of Criminal Procedure , 1973 (2 of 1974), RATANLAL & DHIRAJLAL.
