What is an FIR?
The information about the commission of a cognizable offence given to a Police officer is “first information” and the corresponding report is understood to mean the “First Information Report (FIR)”. It is a Document written by a Police officer on the register prescribed by the state government.
Why is FIR Needed?
An FIR is a very important document against a cognizable offence as it sets the process of criminal justice in motion. It is only after the FIR is registered in the police station that the police take up investigation of the case.
Who can lodge an FIR?
Any person who is a victim of any cognizable offence or who is a witness to any such offence or who has knowledge about the commission of any such offence can lodge an F.I.R.
You can file FIR If:
- You are the person against whom the offence has been committed.
- You know yourself about an offence which has been committed.
- You have seen the offence being committed.
What is the procedure of filing an FIR?
The procedure of filing an FIR is prescribed in Section 154 of the Criminal Procedure Code, 1973. When information about the commission of a cognizable offence is given orally, the police must write it down.
It is your right as a person giving information or making a complaint to demand that the information recorded by the police is read over to you.
Once the information has been recorded by the police, it must be signed by the person giving the information.
Where can an FIR Lodge?
An F.I.R. can be lodged in the police station of the concerned area in whose jurisdiction the offence has been committed or in any Police Station.
What should you mention in the FIR?
- Your name and address
- Date, time and location of the incident you are reporting
- The true facts of the incident as they occurred
- Names and descriptions of the persons involved in the incident
Could the FIR get recorded through Phone or E. Mail?
Yes, The FIR could be get recorded on telephone or even through e-mail and it is not necessary for the informer to be present personally before the police for registration of FIR.
Is it necessary that the FIR should get recorded on the same prescribed place Police Station?
No, the FIR can be got recorded at any police station, irrespective of where the offence took place.
What are the advantages of early recording of FIR?
The FIR should be got recorded as early as possible, after the offence.
The benefit of the early recording of FIR helps in the arrest of the real offenders and also helps in the collection of evidence of the crime.
What can you do if your FIR is not registered?
You can meet the Superintendent of Police or other higher officers like Deputy Inspector General of Police & Inspector General of Police and bring your complaint to their notice.
you can send your complaint in writing and by post to the Superintendent of Police concerned.
If the Superintendent of Police is satisfied with your complaint, he shall either investigate the case himself or order an investigation to be made.
You can file a private complaint before the court having jurisdiction.
You can also make a complaint to the State Human Rights Commission or the National Human Rights Commission if the police do nothing to enforce the law or do it in a biased and corrupt manner.
Which things must do after FIR got registered?
You should sign the report only after verifying that the information recorded by the police is as per the details given by you.
- People who cannot read or write must put their left thumb impression on the document after being satisfied that it is a correct record.
- Always ask for a copy of the FIR, if the police do not give it to you. It is your right to get it free of cost.
In which circumstances the police may not investigate a complaint even if you file an FIR?
Sometimes the police will not investigate a complaint even if you have already filed an FIR
- The case is not serious in nature
- The police feel that there is not enough ground to investigate.
- However, the police must record the reasons for not conducting an investigation and in the latter case must also inform you.
— [Section 157, Criminal Procedure Code, 1973]