What are the details to give when filing an FIR?

What are the details to give when filing an FIR?
What are the details to give when filing an FIR?

If you are a victim or witness of a crime give clear descriptions of all that you experienced, saw or remember. If you are filing an FIR for a crime that you have second hand knowledge of, then report exactly what you were told or what you heard. Information should never be exaggerated or false.

Important details to include are the date, time, location and a description of the culprits or people involved. The sequence of events that occurred and details of what each person did or said.

When giving details in an FIR report try and be as objective as possible and not let emotions come in the way. Stick to the facts and keep the report free from any assumptions or conclusions you might have drawn.

FIR – The First Information Report regarding commission of a cognizable offence is referred to as FIR. It is recorded by the police in register prescribed for that purpose by the State Government.

What to do if the police refuse to register an fir?

What to do if the police refuse to register an fir?
What to do if the police refuse to register an fir?

If police refuse to register your FIR, you can make a complaint to a higher ranking officer such as the Superintendent of Police (SP), the Deputy Inspector General (DIG) or the Inspector General of Police (IGP).

You can also complain to the nearest judicial magistrate, who will order the police to register the FIR if deemed necessary. Ensure that you get a receipt of your complaint being registered.

You can also send your complaint in writing to the Superintendent of Police (SP) by registered post.and also send make a written complaint to the concerned State Human Rights Commission or the National Human Rights Commission that the police are not doing their duty of enforcing the law or that they are being negligent, biased or corrupt

You can file an online complaint, find relevant information and also get the contact details of each State’s own Human Rights Commission office on the website of the National Human Rights.

What happens once an fir has been registered?

What happens once an fir has been registered?
What happens once an fir has been registered?

Once an FIR has been filed the police are legally bound to start investigating the case.

The process of investigation includes, but is not limited to, collecting evidence, questioning witnesses,  inspecting the crime scene, forensic testing, recording statements and so on.  If the criminals are found, the police will make arrests.

Once the investigation has been concluded the police will record all their findings in a ‘Challan’ or charge sheet.  If it is deemed that there is enough proof on the charge sheet the case goes to court.

On the flipside, after their investigations if the police conclude that there is not enough evidence or proof that a crime has been committed they can close the case after justifying their reasons in court.  If the police decide to close the case, they are bound to inform the person who filed the FIR of their decision.

What is the law for Arrest?

What is the law for Arrest?
What is the law for Arrest?

Arrest means apprehension of a person by legal authority resulting in deprivation of his liberty. For instance, when a policeman apprehends a pick pocket, he is arresting the pickpocket; but when a dacoit apprehends a person with a view to extract ransom, the dacoit is not arresting the person but wrongfully confining him. Arrest of a person might be necessary under the following circumstances –

As a preventive or precautionary measure.

For securing attendance of accused at trial

For obtaining correct name and address

For removing obstruction to police

For retaking a person escaped from custody

F.I.R. means First Information Report, made to police, about commission of a cognizable offence, In effect, it amounts to putting law in to motion by giving information relating to the commission of a cognizable offence to an officer in charge of a police station, (which shall be reduced into writing and read over to  the informant) and shall be signed by the person giving such information. It is mandatory to give a copy of the first information report (as recorded by police) to the complainant or informant free of cost.

Any person who is victim of an 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.

 

What are the limitations on filing an FIR?

What are the limitations on filing an FIR?
What are the limitations on filing an FIR?

An FIR can only be filed for a cognisable crime.

In the event someone is trying to file an FIR for a crime that falls in the non-cognisable category it is the duty of the police to listen to them, enter the matter in their daily register or dairy, give the person a signed copy of the entry made (as proof of the matter being recorded) and direct them to the closest or appropriate magistrate.

The signed copy of the entry made by the police is free of cost and is a right to receive.

F.I.R. means First Information Report, made to police, about commission of a cognizable offence, In effect, it amounts to putting law in to motion by giving information relating to the commission of a cognizable offence to an officer in charge of a police station, (which shall be reduced into writing and read over to  the informant) and shall be signed by the person giving such information. It is mandatory to give a copy of the first information report (as recorded by police) to the complainant or informant free of cost.

Any person who is victim of an 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.

What is the meaning of the taking cognizance?

What is the meaning of the taking cognizance?
What is the meaning of the taking cognizance?

The term ‘taking cognizance’ has not been defined in Code of Criminal Procedure. When any Magistrate takes cognizance under section 190 (1) (a) Cr.P.C., he must not only have applied his mind to the contents of the petition, but he must have done so for the purpose of proceeding in a particular way as per procedure prescribed in the Cr.P.C., and there after sending the complaint for further enquiry. A magistrate can also order investigations under section 156(3) of Cr.P.C.

F.I.R. means First Information Report, made to police, about commission of a cognizable offence, In effect, it amounts to putting law in to motion by giving information relating to the commission of a cognizable offence to an officer in charge of a police station, (which shall be reduced into writing and read over to  the informant) and shall be signed by the person giving such information. It is mandatory to give a copy of the first information report (as recorded by police) to the complainant or informant free of cost.

Any person who is victim of an 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.

Whether the complainant is entitled to get the copy of FIR free of charges?

Whether the complainant is entitled to get the copy of FIR free of charges?
Whether the complainant is entitled to get the copy of FIR free of charges?

Yes, complainant is entitled to get a copy of FIR, free of charges.

F.I.R. means First Information Report, made to police, about commission of a cognizable offence, In effect, it amounts to putting law in to motion by giving information relating to the commission of a cognizable offence to an officer in charge of a police station, (which shall be reduced into writing and read over to  the informant) and shall be signed by the person giving such information. It is mandatory to give a copy of the first information report (as recorded by police) to the complainant or informant free of cost.

Any person who is victim of an 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.

Whether FIR can be got recorded at any police station irrespective of where the offence took place?

Whether FIR can be got recorded at any police station irrespective of where the offence took place?
Whether FIR can be got recorded at any police station irrespective of where the offence took place?

Yes, the FIR can be got recorded at any police station, irrespective of where the offence took place.

F.I.R. means First Information Report, made to police, about commission of a cognizable offence, In effect, it amounts to putting law in to motion by giving information relating to the commission of a cognizable offence to an officer in charge of a police station, (which shall be reduced into writing and read over to  the informant) and shall be signed by the person giving such information. It is mandatory to give a copy of the first information report (as recorded by police) to the complainant or informant free of cost.

Any person who is victim of an 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.

What are the benefits of early recording of FIR?

What are the benefits of early recording of FIR?
What are the benefits of early recording of FIR?

The FIR should be got recorded as early as possible, after the offence in questions. The early recording of FIR helps in the arrest of the real offenders and also helps in the collection of evidence of the crime.

The version given in the FIR recorded without undue delay is considered more reliable by the Courts. Delay in reporting the matter to the police can raise suspicion that the version may be colored or concocted or an exaggerated account of the incident or innocent persons may have been roped in. The reason for delay should also be explained in the F.I.R.

F.I.R. means First Information Report, made to police, about commission of a cognizable offence, In effect, it amounts to putting law in to motion by giving information relating to the commission of a cognizable offence to an officer in charge of a police station, (which shall be reduced into writing and read over to  the informant) and shall be signed by the person giving such information. It is mandatory to give a copy of the first information report (as recorded by police) to the complainant or informant free of cost.

Any person who is victim of an 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.

Whether FIR can be got recorded on telephone or through e-mail?

Whether FIR can be got recorded on telephone or through e-mail?
Whether FIR can be got recorded on telephone or through e-mail?

The FIR can be got 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.

F.I.R. means First Information Report, made to police, about commission of a cognizable offence, In effect, it amounts to putting law in to motion by giving information relating to the commission of a cognizable offence to an officer in charge of a police station, (which shall be reduced into writing and read over to  the informant) and shall be signed by the person giving such information. It is mandatory to give a copy of the first information report (as recorded by police) to the complainant or informant free of cost.

Any person who is victim of an 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.