What is an FIR?
First Information Report (FIR) is a
written document prepared by the
police when they receive information
about the commission of a
cognizable offence. It is a report of
information that reaches the police
first in point of time and that is why
it is called the First Information
Report.
It is generally a complaint lodged
with the police by the victim of a
cognizable offence or by someone
on his/her behalf.
Anyone can report the commission
of a cognizable offence either orally
or in writing to the police. Even a
telephonic message can be treated
as an FIR.
Why is FIR important?
An FIR is a very important
document as it sets the process of
criminal justice in motion. It is only
after the FIR is registered in the
police station that the police takes
up investigation of the case.
Who can lodge an FIR?
Anyone who knows about the
commission of a cognizable offence
can file an FIR. It is not necessary
that only the victim of the crime
should file an FIR. A police officer
who comes to know about a
cognizable offence can file an FIR
himself/herself.
You can file an FIR if:
**
**
*You are the
person
against
whom the
offence
has been committed;
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**
*You know yourself about an
offence which has been
committed;
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**
*You have seen the offence
being committed.
What is the procedure of
filing an FIR?
The procedure of filing an FIR is
prescribed in Section 154 of the
Criminal Procedure Code, 1973.
**
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*When information about the
commission of a cognizable
offence is given orally, the police
must write it down.
**
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*It is your right as a person giving
information or making a
complaint to demand that the
information recorded by the
police is read over to you.
**
**
*Once the information has been
recorded by the police, it must
be signed by the person giving
the information.
Cognizable Offence
A cognizable offence is one in
which the police may arrest a
person without warrant. They are
authorised to start investigation
into a cognizable case on their
own and do not require any
orders from the court to do so.
Non-cognizable Offence
A non-cognizable offence is an
offence in which a police officer
has no authority to arrest without
warrant. The police cannot
investigate such an offence
without the court's permission.
The police may not investigate a
complaint even if you file a FIR,
when:
(i) The case is not serious in
nature;
(ii) The police feel that there is
not enough ground to
investigate.
However, the police must record
the reasons for not conducting an
investigation and in the latter
case must also inform you.
—[Section 157, Criminal Procedure
Code, 1973
]
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*You should sign the report only
after verifying that the
information recorded by the
police is as per
the details given
by you.
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*People who cannot read or write
must put their left thumb
impression on the document
after being satisfied that it is a
correct record.
**
**
*Always ask for a copy of the FIR,
if the police do not give it to you.
It is your right to get it free of
cost.
What should you mention in
the FIR?
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*Your name and address;
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*Date, time and location of the
incident you are reporting;
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*The true facts of the incident as
they occurred;
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**
*Names and descriptions of the
persons involved in the incident;
Refusal to register an F.I.R.
is against the Law
