How to file an FIR?

How to file an FIR?

FIR or the First Information Report is the first step of any judicial proceeding. It's an easy procedure but unfortunately, there are certain misconceptions. This article will help to know about the provisions relating to FIR.

What is the First Information Report?

The First Information Report is the first step towards the criminal proceeding. Without FIR is the trial can not be conducted, neither the punishment of the criminal can proceed.

FIR means information provided by the aggrieved person or any other persons to the commission of the alleged offence and recorded by a police officer on duty.

What are the objectives of FIR?

The objectives of FIR are as follows:

• To enable the officer in charge of the police station to instigate the investigation on the crime reported to collect evidence before they get tampered with.

• It is the first step to a judicial proceeding and valuable because this shows a way to an investigation.

• The Sooner the FIR is lodged, the better it is, as the persons committing the crime get lesser time to remove the evidences. There is certain evidence that goes out of hand if the investigation is started late. For example, if a woman is raped after injecting any drug, the traces of such drug shall be unavailable post 72 hours. This will be difficult then to prove her words.

What is the legal provision related to FIR?

Sec 154 of the Code of the Criminal Procedure deals with the provision of filing an FIR, which says that every information about the cognizable offence spoken, shall be written down on the official record book by the officer in charge of the police station. It can be written by the informant, and duly signed or the officer may write it down and read it out to the informant, in case the informant can not read or write. After the written information is submitted with the signature of the informant, it shall be entered into the assigned book for recording the FIRs officially.

When you are filing an FIR, before you leave the police station, make sure that you take a copy of it.

Who can file an FIR?

A person who has been affected by the crime directly, or anyone who is about to be the victim, or know about the crime created.

For example, A woman informs her friend on call that she might be killed by her in-laws and there are enough grounds to believe so by the friend. If the friend approaches the nearby police station, files an FIR stating that her friend is in danger, the police cannot refuse to take the FIR for any reason. The police have to take immediate action to investigate the matter.

When is the time limit for filing FIR?

There is no specific time limit mentioned for filing an FIR, but as it is discussed before, it is better to file as soon as possible. If there is a delay in foiling the case, there must be enough reason to do so. Sometimes, the informant or the victim is terrified and confused whether to go to the police station or not or was confined by the offender(s), even if gets late in filing an FIR, the matter should be considered for the judicial proceeding.

However, no possible duration of time can be fixed for applying the test of reasonableness to the lodging of an FIR as we have already explained. It depends upon the facts and circumstances of each case. The delay in lodging the FIR as such is not fatal in law if the prosecution substantiated the factual difficulties encountered by the persons lodging the report.

What if the police officer refuses to register the FIR?

If the police refuse to file FIR, then the person can approach the Superintendent of Police concerned with an application in writing to register the FIR. The Superintendent, on being satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him.

When the Superintendent of Police has given the responsibility to the officer to investigate, such officer shall have all the powers of an officer in charge of the police station about that offence.

If the informant does not have the option of approaching the superintendent of police, under the provision of Sec. 156(3) of the CrPC, he can proceed to the Court of Magistrate of First Class with an application to file the FIR. The Magistrate of being satisfied with the facts shall instruct the officer in charge to file an FIR immediately and proceed with the investigation.

What is Zero FIR?

The Zero FIR means that an FIR can be filed in any police station (i.e. Irrespective of the place of incident/jurisdiction) and the same can be later transferred to the appropriate police station having competent jurisdiction after investigation and filing with a magistrate.

The provision of Zero FIR came into existence after the Verma Committee report on the incident of Nirbhaya, where the police refused to help the victims as the crime was committed on a moving bus, and it was not sure at which jurisdiction the crime exactly happened.

What is the difference between GD and FIR?

It is not a rare matter, when a person went to file an FIR, the police filed a General report, in General Diary. In GD, no judicial proceeding is initiated, unlike FIR. Based on GD, neither an investigation shall be officially initiated, not an arrest can be made.

If an FIR is filed, the police have to submit a report of basic investigation within 24 working hours, but for GD, there is no such mandate.

If you want to proceed with an FIR, make sure the police files an FIR, and for a precautionary measure, mention in your written information that you wish to file an FIR against the concerned accused person.