FIRST INFORMATION REPORT (F.I.R)
The first information report also commonly known as F.I.R, is when any given information is recorded by the on-duty officer by the aggrieved person, either oral or written format, about a cognizable offence they think has been committed by the defendant. Furthermore, on the reasons of commission of such an offence, the victims have suffered a legal or moral injury. Although, the information collected by the on-duty officer would include all the alleged facts of commission of an offence, which arose to cause of action.
Who can file an F.I.R?
- The victim who has suffered from the offense
- Any relative of the victim.
- Any person who has witnessed the commission of the offense.
- The accused himself.
- A police officer.
- Any individual who has learned of the offense’s conduct.
To constitute an F.I.R. in terms of Section 154 of Cr. P.C two conditions are supposed to be fulfilled:
- What information is conveyed by the Victim of the offence must be a piece of information only;
- That the information so provided must relate to the commission of a Cognizable Offence only.
What is a zero F.I.R?
A zero F.I.R is when the F.I.R is recorded by any on-duty officer irrespective of its jurisdiction. They can file the F.I.R, in any police station, not just the jurisdiction of where the offence has been commissioned. This amendment was made just after the Nirbhaya case so that it can benefit all the means and women equally, and they can file FI.IR, regardless of the jurisdiction and just after the F.I.R, has been recorded, the investigation would go on just as it would for any jurisdictional F.I.R.
The police station records the zero FIR and assigns it the serial number 0 before transferring it to the appropriate jurisdictional region that can conduct the investigation.
The legal process’s integrity is unaffected by zero FIR. It is extremely beneficial to individuals since it saves them the time and effort of searching for the appropriate police station to file the FIR.
According to deep understanding, every FIR must be registered and submitted as soon as possible, quickly, and without wasting any time. In rare cases, an extension of time to file the FIR may be granted. However, given the exceptional conditions, there must be some persuasive grounds for the delay in filing the FIR.
Judges with a lot of rationality and experience can utilise their discretion throughout every case carefully and in the interest of justice. However, no time limit may be set for applying the criteria of reasonableness to the filing of an FIR; it is determined by the facts and circumstances of each case.
Reports Or Statements Which Does Not Amount To FIR
A report or a statement after the commencement of the investigation (Sec. 162 and 163 of Cr.P.C.)
- Record not recorded after several days of commencement of an offence.
- Records are not recorded immediately but recorded after the questioning of witness is done
- The information recorded is not about the occurrence of cognizable offence but only a cryptic form message is recorded in the form of an appeal for immediate help.
- Complaint made directly to Magistrate.
- Information is given to Magistrate or police Officer on phone.
- Information received at Police Station before the lodging of an FIR.
- In Damodar v. State of Rajasthan, it was held that the information conveyed to the Police on the telephone and the entry was though made will not constitute an FIR under section 154 of Cr.P.C. even if the information disclosed commission of a cognizable offence.
To safely conduct, it could be concluded that an F.I.R is a piece of information recorded by an on-duty police officer, succeeding which an investigation is taken place. The victim, any relative of the victim, or someone who has acknowledged or witnessed the commission of the cognizable offence can register an F.I.R. although, it is pertinent that F.I.R registered must only contain the information of the offence and the information given to the police officer must only be on a cognizable offence. Furthermore, any person can register a F.I.R in any police station regardless of their jurisdiction to where the offence has been commissioned. But there are some exceptions to the information given which would not construe to F.I.R
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