What is an FIR (Federal Information Report)?
The First Information Report is a document that the police prepare when they have information about a criminal offense. The First Information Report is the report of communication that reaches the police at the earliest possible time.
A complaint is usually made to the police either by the victim or someone acting on their behalf.
Any person can inform the police of the commission or a cognizable offense, either verbally or in writing. A telephonic call can be considered an FIR.
What is a cognizable and non-cognizable offense?
The police can arrest someone without a warrant if they commit a cognizable offense. The police are authorized to begin an investigation on their own in a cognizable matter and don’t need any court orders to do so.
Non-cognizable offenses are those in which the police officer is not authorized to arrest without a warrant. Police officers cannot investigate a non-cognizable crime without court permission.
Why is a FIR important to you?
A FIR is an important document, as it starts the criminal justice process. The police will only begin investigating the case after the FIR has been registered at the police station.
Anyone who knows the commission or alleged commission of an offense that is cognizable can file an FIR. The victim of the criminal does not have to file an FIR. An officer of the police who learns about a cognizable offense can also file an FIR.
You can file an FIR in the following situations
You are the one who has committed the crime;
You are aware of the offense that has been saved
You’ve seen the crime being committed.
When
The case is not of a serious nature
The police do not feel there is enough evidence to investigate.
The police must still record the reasons why they did not conduct an investigation. In the latter case, they must also inform their complainant. –[Section 157.1, Criminal Procedure Code, 1973]
Section 154 of the Criminal Procedure Code 1973 prescribes the procedure for filing a FIR.
If information is provided orally about the commission of an offense that can be prosecuted, it must be recorded by the police.
You have the right to request that any information collected by the police, or if you make a complaint, be read to you.
The person who gave the information must sign the document once it has been recorded.
Sign the report only if you are sure that the details recorded by the police match what you have provided.
People who are unable to read or write should place their thumb impression after confirming that the record is correct.
If the police refuse to give you a copy, always ask them for it. You have the right to receive it for free.
What information should you include in your FIR?
Please enter your name and email address.
Please provide the date, time, and place of the incident.
The facts as they happened;
The names and descriptions of all persons involved in an incident. Include any witnesses.
What you shouldn’t do
Never give the police false information or a fabricated complaint. For providing incorrect information to the police or misleading them, you can be charged under the law. — [Section 203, Indian Penal Code 1860]
Never embellish or misrepresent facts.
Do not make vague or unclear remarks.
What happens if my police refuse to register a FIR?
You can also meet with the Superintendent of Police or higher officers.
The Deputy Inspector-General of Superintendent of Police accepts your complaint. He will either conduct an investigation himself or instruct someone else to do so.
* You may file a complaint privately before the court that has jurisdiction.
* You may also file a complaint with the State Human Rights Commission
If the police do not enforce the law or do so in a biased or corrupt manner.
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