Understanding the First Information Report

[ Profile of the Author: The author, Abhishek Tanwar, is a student of Law Centre-1, Faculty of Law, Delhi University. ]

Introduction

The Constitution established the Rule of Law, for proper functioning of the legal system in India. Everyone has equal rights in this country. The Constitution of India provides a safeguard to the lives of people and protects their interest by providing various legal and constitutional rights. Now the question that arises is what crime is? Crime is an act or omission which constitutes an offence and is punishable by law. The police work as a safeguard to protect us from every crime. There are certain legal remedies available in the criminal law against every crime.

The very first step to get legal remedy against any type of crime or harassment is to lodge a First Information Report (FIR) in the police station of local jurisdiction.

What is an FIR?

FIR means the first time reporting of information to the police regarding commission of an cognizable offence which may be given by informant or by any other person knowing about the commission of such offence. An FIR is a very important document as it empowers the Officer-In-Charge of a police station to commence investigation with respect to the crime reported to him. Also, a copy of the FIR is required to be sent forthwith to the magistrate empowered to take cognizance of such offence.

Zero Fir :

It can be registered by any Officer-In-Charge of a police station even if he or she has no jurisdiction for investigation of the offence. In such an FIR, the serial number is put zero and such an FIR is forwarded to the competent investigating police station.

In the Asaram Bapu rape case, the rape was committed in Jodhpur, Rajasthan. The FIR was lodged in Kamla Market Police Station, New Delhi. This was a case of zero FIR, which was later transferred to Jodhpur for investigation.[1]

How to lodge an FIR?

The FIR is registered under Section 154 of the Code of Criminal Procedure, 1973. There are two ways of recording an FIR, either orally or in a written form. If it is given orally to an Officer-In-Charge of a police station, it shall be reduced to writing by him or under his direction and be read over to the informant. In our country, nearly about 25 percent of the population is illiterate. So, it has been provided that information may be given orally or in writing. After giving such information, it shall be duly signed by the informant. If the informant is the victim (women) of an acid attack, outrage of modesty, rape, or a word intended to insult the modesty of women or any other offence against women under IPC 1860, it shall be recorded by a women officer or any other women officer of any government department available at the time of registration of an FIR.

How to register a non-cognizable offence :

Non-cognizable offences are those which are less serious in nature and private matters. Information as to a non-cognizable case is recorded under Section 155 of CrPC. The Officer-In-Charge records the complaint in the police diary (A document prescribed by the State Government). After the order of the magistrate under Section 155(3), the police can start the investigation. However, under a cognizable offence, the police can start the investigation even without the order of the magistrate.

Who can lodge an FIR ?

• The person itself (informant), against whom the offence has been committed.
• The person, who has the knowledge of the commission of such offence.
• Eyewitness, who was present at that place where the offence was committed.
• Even the police and State can take the suo moto cognizance for the registration of an FIR.

What are the remedies available if the police refuse to lodge an FIR?

A police officer cannot refuse to file your FIR. However, it often happens that due to some reasons, like if he thinks that the issue is not of serious nature or if they are trying to escape the essential duty, such a situation may arise. Certain remedies are available if he refuses to file an FIR, which genuinely describes the seriousness of an offence.

• Under Section 154(3), CrPC, 1973 - A complainant may write a post (regarding such information) to the Superintendent of police, who, if satisfied by the information given, shall either investigate the case himself or direct an investigation to the other officer subordinate to him.
• Under Section 156(3), CrPC, 1973 - Any magistrate empowered under Section 190 may order an investigation or order the police to file an FIR or whichever is necessary.
• Under Section 200, CrPC, 1973- The informant has a further remedy of filing a direct criminal complaint to the magistrate. A magistrate, taking cognizance of an offence on complaint, shall examine upon the oath the complainant and the witness present. The complaint shall be reduced to writing and shall be duly signed by the complainant, the witness and the magistrate.
• Under Section 166A of IPC, 1860: A legal action may be taken against any police officer who is disobeying the law by not registering the FIR, which is of series nature.

In Sakiri Vasu v. State of UP [2], it was held by the Supreme Court that the person must, first of all, use the alternative remedies such as the remedies available in criminal law. If he is not satisfied, he must approach the High Court.

Conclusion

A common man always faces the problem of getting their FIR registered. Everyone has equal rights in our country, whether rich or poor. In Lalita Kumari v. Govt. of UP [3], the Supreme Court observed that the FIR of poor people is not registered easily while the FIR of rich and strong people is easily registered and the investigation is started at a supersonic speed. A simple understanding of these sections can be very helpful to deal with problems which arise while lodging an FIR.

Disclaimer: This article is an original submission of the Author. Niti Manthan does not hold any liability arising out of this article. Kindly refer to our Terms of use or write to us in case of any concerns.

FAQs

Q. What should you mention in the FIR?

Ans. Your name and address; date, time and location of the incident you are reporting; the true facts of the incident as they occurred; names and descriptions of the persons involved in the incident; witnesses, if any. [4]

References

[1] http://toi.in/HXTp4a85/a31gj.

[2] (2008) 2 SCC 409

[3] (2008) 7 SCC 164

[4] https://www.humanrightsinitiative.org/publications/police/fir.pdf