Get Familiar with FIR: First Information Report 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 an 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 register 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. What is the Procedure for 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 down. -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 You should sign the report only after verifying that the information recorded by the police is as per the details given by you. -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 your 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; SOME IMPORTANT FACTS ABOUT POLICE COMPLAINT The entire country of India is divided in to thousands of police stations with the limits of each, clearly specified. If it is a small village, there will be only one police station. Even,
there may be a case when multiple villages are covered under the jurisdiction of one police station. The small towns, which are known as taluka head quarters have two police stations. The district head quarter can have around 12 to 15 police stations based on the population of each area. The Police Inspector is the head of every police station. There are various Sub Inspectors/officers/police constables under him. There are three to four writers also attached with each police station. The district head of the police is called Deputy Superintendent of Police, shortly known as D.S.P. The head of the entire State is called Inspector General of Police. The State government controls the administration of police department. Though, there can be some guidelines issued by the Central Government from time to time. If you experience anything like robbery, pick pocket, house robbery, rape, physical abuse or attack, kidnap, harassment by people, missing person, or any type of mishap caused by the persons, you are allowed to register its official complaint. However, if you have to register the complaint about a missing person, you need to wait for at least 24 hours of the person's disappearance. This registration of complaint is called filing of First Information Report, shortly known as FIR. The first and foremost aspect is that one can register the complaint in the police station of the particular area only, where the complaint incident has occurred. No other police station would accept your formal complaint. If you are traveling by train and some mishap happens, you have to register your complaint with the Railways Police Force, shortly known as RPF. You can register the police complaint all though out the day as there are shifts coverage of 24 hours at each and every police station of the country. You will need to describe the exact incident with all the details and the estimated value of each stolen goods and the approximate time at which it has happened. The on duty police officer cannot refuse to register complaint, even if you are not an Indian citizen. You are also allowed to name suspects in case you think of any. Once the complaint is registered, you will need to sign that complaint after the signature of the police officer taking the complaint. One copy of the complaint is also handed over to you as a proof of your complaint registration. The police relive you after the complaint registration procedure is completed. The police action begins immediately after the complaint is registered and the police will intimate you from time to time on the progress of the case. If you are at some other location, try to be in touch with the concerned police station. Once the stolen good is traced, police will call you to identify those items. Police Can’t Refuse for FIR Registration Recently a landmark direction was given by Hon’ble Supreme Court that made it mandatory for police to register a first information report on receiving a complaint about a serious offence, freeing criminal investigation from the rampant abuse of discretionary powers by the local police station in-charge. This order will help stamp out the chronic practice among police across the country to either refuse or delay registering FIRs with the object of keeping crime figures artificially low or, worse, favouring influential accused. "Registration of FIR is mandatory under Section 154 of the Criminal Procedure Code, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such situations," the court said. The Indian Penal Code (IPC) categorizes those offences as cognizable which attract a minimum of three years imprisonment as punishment.
Apart from refusing to register FIRs on complaints by the poor and the marginal, the police develop cold feet in recording an FIR if the accused is an influential person. Refusal to register FIR in such cases would be punishable, the court warned. From now, police must register FIR and can close it if they find no evidence to substantiate the charges made in the complaint after investigation. The police cannot avoid their duty of registering offence if cognizable offence is disclosed. Action must be taken against erring officers who do not register an FIR if information received by them discloses a cognizable offence. Anuj Kumar