Friday, 11 February 2022

How to file an FIR

 How to file an FIR?

By Shweta Nair


FIR- ‘First Information Report’ is an important document written and recorded by the police officer whenever a person comes to the police station and reports a crime committed. It is the ignition point of criminal justice system paving way to the trial and punishment of the criminal. It also serves as an important piece of evidence for the victim especially in the courts.


When should the FIR be lodged with the police?

The very first instance after a crime is committed should be to lodge an FIR in the nearest police station of the jurisdiction where the crime was committed. An explanation will be required if in case of a delay in filing of an FIR which could also lead to suspicions.


Who are eligible to file an FIR?

Any person can lodge an FIR who has witnessed or has the knowledge of the commission of an offence or his or her friend is the victim of the offence committed or the victim himself or herself can do so. Even a police officer can file an FIR if he himself has come to know about the commission of a crime.


An FIR must include the following things:

  • Name and address of the informant

  • Date, time and location where the crime was committed

  • Details of the incident- how the crime was committed

  • Name, physical features or any other information about the accused.


Where should the person file an FIR?

As mentioned above, a person has to file an FIR in the police station of an appropriate jurisdiction that is it should be lodged in the police station of the same place where the crime was committed. However, an FIR can never be rejected or declined to be filed in any other jurisdiction of the police station which is called as Zero FIR. In such cases, the FIR is recorded and then sent to the proper police station for further investigation.


What is the procedure for registration or filing of an FIR?

  1. Visit the police station in the jurisdictional limit of the crime committed.


  1. Narrate the incident to the duty officer or the officer-in-charge in detail of whatever is known. An FIR can be filed either orally or by writing it down by the victim or the informant himself. Nowadays even online filing facility is available for specific offences like mobile theft or missing children.


  1. The officer has to record the entire incident in the FIR by writing it as mentioned by the person informing about the crime.



  1. Once the officer has completed writing it, it needs to be read out to the informant to confirm that the information provided is true to the best of his knowledge. The informant has the right to ask for the FIR to be read out to him and the police officer cannot refuse it.


  1. Then the person informing has to sign two copies of FIR after confirming the information read. Otherwise, a left thumb impression can be put in case of inability to sign.



  1. The Police Officer will put a stamp on both the copies which will contain the Daily Diary (DD) Number. This number is a proof of the complaint being received by the police station.


  1. Then one of the copies will be handed over to the informant. It is to be remembered that such a copy is free of charge.


This is as per Section 154 of the Criminal Procedure Code, 1973.



It is important to note that an FIR can be filed only with regard to a cognizable offence which means that a warrant is not required for a police officer to arrest a person and do not require court’s permission prior to arrest.


What to do in case FIR is not being filed by the police officer?

If such is the case, then one can file a complaint to the superintendent of police under Section 154(3) of CrPC either by meeting in person or can send it through post or else one can directly approach the Magistrate and file a complaint under Section 200 of CrPC.


Thus, understanding how to file an FIR is very much imperative for any person to choose proper course of action.


References:

  1. http://aditi.du.ac.in/uploads/econtent/Understand_how_to_file_an_FIR.pdf

  2. https://www.legalserviceindia.com/legal/article-1329-how-to-file-an-fir.html

  3. https://www.helplinelaw.com/employment-criminal-and-labour/FIR/all-about-filing-a-complaint-and-lodging-fir%C3%A2%E2%82%AC%E2%84%A2s.html





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