FIR

Lodging First Information Report (FIR) is a citizen's fundamental right against any criminal offence. In fact, it is the first requirement of law to be completed for initiating criminal proceedings against any criminal offender. The police is duty bound to register the complaint of an aggrieved person. Even on the telephone an FIR can be recorded. The accused as well as the informant are entitled to a copy of the FIR. The first information of the commission of a cognizable offence is enough to constitute an FIR. Mention of the time of commission of offence or who committed it, is not essential. Nature of Offence: In the case of non-cognizable offence, the substance of information can be lodged in a police station and shall be entered in the station dairy, maintained for this purpose, and the information shall be referred to the magistrate of appropriate jurisdiction, as the police are debarred from investigating it. While this bar under the law must be confined to non-cognisable offences, where the set of facts constitute both cognizable as well as non-cognizable offences, the police will be fully within its rights to investigate the facts of the matter thoroughly and frame the accused under the relevant charge accordingly. It is for the law court thereafter to uphold or reject the charge after taking into consideration the relevant facts and law points involved. What if the police refuses to register the FIR: Under the law, many remedies are available to the people in case the police refuses to register an FIR. The informant can approach the Superintendent of Police of the area concerned and seek his intervention in the matter. The information may either be recorded by the Superintendent of police himself or he may send the informant to the police station again for the registration of FIR. In case, the approached senior police officer does not listen to the aggrieved person or help him in g etting the FIR registered, he can approach the concerned Magistrate and file a complaint before him who is fully empowered to take cognizance of a cognizable offence. If the magistrate is not satisfied and dismisses the complaint without assigning proper reasons, the aggrieved person can approach the High Court and later the Supreme Court of India, if need be, for getting the needful done. Who can file an F.I.R.: Any person can file an F.I.R. He need not be the aggrieved person. It may be merely hearsay and need not be by the person who has had firsthand knowledge of the facts. Where to file an F.I.R.: An F.I.R. can be filed in the police station of the concerned area in whose jurisdiction the offence has occurred. It must be made to the officer-in-charge of the police station and if he is not available the Assistant Sub Inspector is competent to enter upon the investigation.

How to file an F.I.R.: When a wrong has been committed and the aggrieved person or any other person wants to file a F.I.R. it shall be filed in the following manner. 1. Go to the police station and meet the officer-in-charge. 2. Step by step in an orderly sequence narrate to the officer every information relating to the commission of the offence. 3. The officer shall reduce the information given in writing. 4. The information given shall be signed by the person giving it. 5. The information given shall be entered in a book to be kept by the officer. Copy of the information as recorded shall be given free of cost to the informant. Where an officer-in-charge refuses to record the information: If the officer in charge refuses to record the information, the information may be sent in writing and by post, to the Superintendent of Police concerned who, if 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.