FIRST INFORMATION REPORT (FIR)

First Information Report (FIR) is a report prepared by the police officer of the region where the crime is committed. The information about the crime is given by the informant of a cognizable offence.  The informant can be the victim of crime only or anyone on behalf of him or her. It is known as first information report as it is the first thing that reaches the Police after the crime. It is the earliest report made by the victim to the police to commence with further actions required. The first information report is a document that carries all the relevant information which the victim tells about the crime. Further actions are taken by police after going through the whole story of  the informant.  It can be reported by anyone either a major or minor. When it comes to the court,  the FIR is the one and foremost document they ask for. The informant can tell his part of story either in written or orally. In recent time it can also be done through mobile phones.

Requirements for registering an FIR

The requirements to file an FIR are provided in section 154(1) and section 154(2) of the Criminal Procedure Code, 1973.

·     Every information of that cognizable offence must be written by the police officer.

·     It is a duty of the police officer to read over whole statement to the informant.

·     The document of FIR must be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the state government may prescribe on this behalf.

·     The copy of the information of an FIR recorded must be given to the informant free of cost.

Cognizable offence- The cognizable offence are the grave offence in which the police can investigate without warrant.  They have the right to investigate without taking orders from the court to do so.

Non-cognizable offence- The non-cognizable offence are the offence in which police officers cannot start investigation without warrant.  They need to ask the court prior to investigate a non-cognizable offence. These  are less serious offence.

Objectives

FIR is the only document which initiates any proceedings of investigation and proceedings in the court.  It is the initial stage to get justice in any criminal matter.  The police starts their work only after registering an FIR.

Case: Hasib v. State of Bihar

Supreme Court in this case said that, with point of view of informant, the intention is to start investigation procedure as soon as possible.With the point of view of investigator, the motive is to trace the accused or guilty or culprit as soon as possible.

Case: Mohan Lal v. State

Supreme Court said that the reason behind lodging an FIR is to start the Criminal process . It’s basically the initiation of the Criminal process.

Who can lodge an FIR

FIR can be lodged by anyone who has witnessed the cognizable offence at the time of happening, and who has the relevant information. If the offence is cognizable then the police officer must file an FIR irrespective of the gravity of offence. Any police officer can lodge FIR on his/her own if they come to know about the commission of any cognizable offence.

How to lodge an FIR?

The process of filling an FIR is quite simple, it is as simple as telling or narrating a story to anyone. The informant must go to the police station of the region where the offence took place.  He or she must tell all the details related to the offence that happened, to the police officer.  Section 154 of the Criminal Procedure Code gives the choice to the informant to give the information orally or in written. The police has the duty to wrote down each word on paper either the informant gives the information orally or in writing. Then the document must be proof read by the informant. At last the report must be signed by the informant. The copy of the report is given to the informant, free of cost by the police officer after the process of filling an FIR.

According to the section 157 of the Criminal Procedure Code, 1973, the police may not proceed with the investigation if the offence is of less serious nature or the information given by the informant is not adequate for investigation or both. The police officer, if not investigating the case, has the duty to inform the informant and record the reasons for not investigating.

What must an FIR contain?

·     Nature of the cognizable offence.

·      Nature of accused person.

·      Physical description of the accused.

·      Name of the victim.

·      Identity of the victim.

·      Date and time of occurrence of the offence.

·      Place of crime happened.

·      Motive behind the crime committing.

·      Description of how the crime was committed.

·      Name of witness of the crime.

·      Address of witness of the crime.

Delay in lodging an FIR

The delay of lodging an FIR can be in three ways-

·     Delay by the informant.

·     Delay by the officer-in-charge of police station in recording.

·   Delay in dispatching the FIR to the magistrate.

What can you do if the police refuses to lodge an FIR?

Refusal by the police officer to lodge an FIR will be  legitimate and justified in the following cases-

·     The case doesn’t fall under his jurisdiction

·     Non-cognizable offence nature of the offence

·  Case is outside the legal capacity of the police officer to take cognizance of the offence.

If the reasons to lodge in FIR given by the police officer is illegitimate or unjustified then, According to section 154(3) of the Criminal Procedure Code one can head to superintendent of police to submit the information in writing by post. If the superintendent of police is satisfied by the information provided by the informant that the offence is of cognizable nature then he can take the charge of the case himself or direct any other police officer subordinate to him to proceed with the investigation.

According to section 200 of the Criminal Procedure Code, the informant can complain by submitting orally or in writing any substance to the magistrate. After the complaint submission, the magistrate will hear and decide on the case of cognizance. The oath will be  examined by the victim and witnesses in front of the magistrate. Mandamus writ is the writ which is issued by the High courts and Supreme Court to command the state to compel the police officers to do their public duty.

References

·    http://www.manupatrafast.com

·    www.airwebworld.com

·    Wikipedia

·     Hasib v. State of Bihar

·     Mohan Lal v. State

·     The Criminal Procedure Code, 1973.

·     Article 32, The Indian Constitution, 1950.

·     “First Information Report”. Criminal Justice and Supreme Court. Allied Publishers. 2005.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

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