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  Aalami Sahara Rashtriya Sahara Roznama Sahara
Basic information about the FIR
Last Updated : 10 May 2018 02:08:42 PM IST
Basic information about the FIR

 

We know what FIR is. But it is important to know what all goes into making of an F.I.R. Here is a detailed informative report prepared by the Students - Amandeep Bhardwaj & Mayank Mishra.

First information report, generally known as FIR, it is the report in writing of any offence recorded by the police. It need not be elaborate but should contain necessary allegations to constitute cognizable offences. FIR cannot be considered as an substantive evidence, because it is not made during any trial, it is not given on oath, nor is it tested by cross- examination.

There are few questions that a common man has about FIR. Theyinclude: Who can lodge an FIR?Where can one lodge an F.I.R?How to lodge an F.I.R?What are the things one must ensure while the F.I.R is being lodged?This article will be answering all these questions.

Any person who is aware about the offence can file an F.I.R. It is not compulsory that he should be an aggrieved person. One can lodge an F.I.R only in case of a cognizable offence.A cognizable offence is a criminal offence in which the police are empowered to register an F.I.R, investigate, and arrest an accused without a warrant. Offences like murder, rape, kidnapping, theft, robbery, fraud, etc. are classified as cognizable offences.A non-cognizable offence is an offence in which the police can neither register an FIR, nor effect arrest without the express permission or directions from the court. Offences like simple hurt, verbal abuse, intimidation, defamation, misappropriation of property, physical assault, forgery, etc. are non-cognizable offences.

Every piece of information relating to the commission of offence is to be given to the officer in-charge of the police station. If it is given orally to the officer, he shall reduce it to writing and read it over to the informant to confirm and verify the details.Every such information has to be signed by the informant after which it is required to be recorded by the officer in a book maintained for this purpose as prescribed by the State Government.The informant is entitled to receive a copy of the F.I.R free of cost.If the officer in-charge of the police station refuses to record the information, you can send the substance of such information, in writing and by post to the Superintendent of Police (SP) concerned. The SP is required to start the investigation himself or direct any other officer subordinate to him to start the investigation.

While lodging an F.I.R you must ensure the following:There should be four copies being recorded simultaneously (with carbon sheets in place), Language must be recorded in first person, Try not to over write or score out, Try to use simple words, Ensure that the arrival / departure time is mentioned in the FIR and in the Daily Diary Register at the Police Station and carefully read the document before signing.

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. FIR must be filed immediately. If there is any delay, mention it in the form.

The Supreme Court of India in Youth Bar Association of India Vs Union of India and Others issued  important Guidelines on First Information Report.

The Bench comprising of Justices Dipak Misra and C.Nagappan has issued the following Guidelines
 

  • (a) An accused is entitled to get a copy of the First Information Report at an earlier stage than as prescribed under Section 207 of the Cr.P.C.
  • (b) An accused who has reasons to suspect that he has been roped in a criminal case and his name may be finding place in a First Information Report can submit an application through his representative/agent/parokar for grant of a certified copy before the concerned police officer or to the Superintendent of Police on payment of such fee which is payable for obtaining such a copy from the Court. On such application being made, the copy shall be supplied within twenty-four hours.
  • (c) Once the First Information Report is forwarded by the police station to the concerned Magistrate or any Special Judge, on an application being filed for certified copy on behalf of the accused, the same shall be given by the Court concerned within two working days. The aforesaid direction has nothing to do with the statutory mandate inhered under Section 207 of the Cr.P.C.
  • (d) The copies of the FIRs, unless the offence is sensitive in nature, like sexual offences, offences pertaining to insurgency, terrorism and of that category, offences under POCSO Act and such other offences, should be uploaded on the police website, and if there is no such website, on the official website of the State Government, within twenty-four hours of the registration of the First Information Report so that the accused or any person connected with the same can download the FIR and file appropriate application before the Court as per law for redressal of his grievances.
  • (e) The word ‘sensitive’ apart from the other aspects which may be thought of being sensitive by the competent authority as stated hereinbefore would also include concept of privacy regard being had to the nature of the FIR. The examples given with regard to the sensitive cases are absolutely illustrative and are not exhaustive.
  • (f) In case a copy of the FIR is not provided on the ground of sensitive nature of the case, a person grieved by the said action, after disclosing his identity, can submit a representation to the Superintendent of Police or any person holding the equivalent post in the State. The Superintendent of Police shall constitute a committee of three officers which shall deal with the said grievance. As far as the Metropolitan cities are concerned, where Commissioner is there, if a representation is submitted to the Commissioner of Police who shall constitute a committee of three officers. The committee so constituted shall deal with the grievance within three days from the date of receipt of the representation and communicate it to the grieved person.


(Written by Amandeep Bhardwaj & Mayank Mishra)



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