Registration of FIR is mandatory under Section 154 of the Code of Criminal Procedure, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation. If the information received does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether cognizable offence is disclosed or not.If the inquiry discloses the commission of a cognizable offence, the FIR must be registered. In cases where preliminary inquiry ends in closing the complaint, a copy of the entry of such closure must be supplied to the first informant forthwith and not later than one week. It must disclose reasons in brief for closing the complaint and not proceeding further. The police officer cannot avoid his duty of registering offence if cognizable offence is disclosed. Action must be taken against erring officers who do not register the FIR if information received by him discloses a cognizable offence. The scope of preliminary inquiry is not to verify the veracity or otherwise of the information received but only to ascertain whether the information reveals any cognizable offence. As to what type and in which cases preliminary inquiry is to be conducted will depend on the facts and circumstances of each case. The categories of cases in which preliminary inquiry may be made are as under:
- Matrimonial disputes/ family disputes
- Commercial offences
- Medical negligence cases
- Corruption cases
- Cases where there is abnormal delay/laches in initiating criminal prosecution, for example, over 3 months delay in reporting the matter without satisfactorily explaining the reasons for
The aforesaid are only illustrations and not exhaustive of all conditions which may warrant preliminary inquiry.
While ensuring and protecting the rights of the accused and the complainant, a preliminary inquiry should be made time bound and in any case it should not exceed fifteen days generally and in exceptional cases, by giving adequate reasons, six weeks time is provided. The fact of such delay and the causes of it must be reflected in the General Diary entry. Since the General Diary/Station Diary/Daily Diary is the record of all information received in a police station, we direct that all information relating to cognizable offences, whether resulting in registration of FIR or leading to an inquiry, must be mandatorily and meticulously reflected in the said Diary and the decision to conduct a preliminary inquiry must also be reflected, as mentioned above.
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WHAT IS 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.
Essentials of FIR
The essential conditions to be known while reporting/recording information are:
- What information needs to be conveyed?
- In what capacity the crime happened?
- Who committed the crime?
- Against whom the crime was committed?
- When was the crime initiated?
- Where did the crime take place?
- What was the motive behind?
- The way of occurrence, if any
- Witnesses, if any.
- If anything was taken away?
- What traces were left by the accused?
- Any causality, if at
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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 take up investigation of the case. It contains allegation leveled against a person in a court of law. It is peremptory gesture to a police investigation. Without it police cannot create or register an offence. The FIR is recognized in several countries such as Singapore, Bangladesh, Pakistan, India.
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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;
- You know yourself about an offence which has been committed;
- You have seen the offence being
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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.
- When information about the commission of a cognizable offence is given orally, the police must write it
- 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
- Once the information has been recorded by the police, it must be signed by the person giving the information.
- You should sign the report only after verifying that the information recorded by the police is as per the details given by
- People who cannot read or write must put their left thumb impression on the document after being satisfied that it is a correct
- 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
Under Section 157, Criminal Procedure Code, 1973:-
The police may not investigate a complaint even if you file a FIR, when:
- The case is not serious in nature;
- 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
What should you mention in the FIR?
- 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;
- Witness, if
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Things you should NOT do:
- According to Section 203, Indian Penal Code, 1860; never file a false complaint or give wrong information to the police. You can be prosecuted under law for giving wrong information or for misleading the
- Never exaggerate or distort facts.
- Never make vague or unclear statements
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What can you do if your FIR is not registered?
- You can meet the Superintendent of Police or other higher of officers like Deputy Inspector General of Police & Inspector General of Police and bring your complaint to their
- You can send your complaint in writing and by post to the Superintendent of Police concerned. If the Superintendent of Police is satisfied with your complaint, he shall either investigate the case himself or order an investigation to be
- You can file a private complaint before the court having
- You can also make a complaint to the State Human Rights Commission or the National Human Rights Commission if the police do nothing to enforce the law or do it in a biased and corrupt
DIFFERENCE BETWEEN FIR AND POLICE COMPLAINTS
|It implies to the complaint registered with the police by the plaintiff or any other person having knowledge of the cognizable offence.||Police complaint means an appeal made to the magistrate, which includes an allegation that a crime has taken place.|
|FORMAT||There is prescribed format||No such prescribed format|
|MADE TO||Police officer||Metropolitan magistrate|
|Recorded only of cognizable offences||Both cognizable and non- cognizable offences are recorded.|
WHO CAN SUBMIT?
|Aggrieved party or the accused, or any such person.||Anyone subject to certain exceptions.|
For case specific advice, please contact best/top/expert Criminal Lawyer of Chandigarh Panchkula Mohali Kharar Derabassi Zirakpur.
This post is written by Pranjul Kalika.
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