FIR is the abbreviated form of First Information Report.
Introduction
FIR is a written document prepared by the police to record the information related to the commitment of a cognizable offense. FIR does not prove that a person has committed an offense. It is the starting point of the investigation for the police to solve the committed offense. It is the right of the informant, who is reporting the crime to the police, to get a copy of this written information without paying any fee.
The legal system of India, Sri Lanka, Bangladesh, and Pakistan categorizes a crime into cognizable offense and non-cognizable offense. In the case of a cognizable offense, the police may arrest a person without a warrant. In the case of a non-cognizable Offence, a police officer has no authority to arrest without a warrant. It includes misbehavior, public annoyance, etc.
The police can file an FIR only for cognizable offenses.
Why is FIR important?
First Information Report, full form of FIR, is an important document as it initiates criminal justice in motion. It is only after the FIR is registered in the police station that the police begin investigating the case.
Who can lodge an FIR?
Anyone who knows about the occurrence of the offense can file an FIR. It may be a victim or someone who has witnessed the offense or knows about the committed offense.
The police may not investigate a complaint even if after filing an FIR, when:
(i) The case is not serious in nature; the police must mention the reasons for not investigating;
(ii) The police feel that there is not enough ground to investigate and inform the person who has complained —[Section 157, Criminal Procedure Code, 1973]
How to file a complaint?
Section 154 of the Criminal Procedure Code, 1973, contains the procedure for filing an FIR (though the section does not include the word “FIR” or “First Information Report”).
- When information about the commission of a cognizable offense is given orally, the police must write it down and read it over to the informant.
- Once the information has been recorded by the police, it must be signed by the informant.
- Such information must be updated in the record by the police officer. A copy of the complaint shall be given to the informant free of cost, and the original FIR must be sent to the Magistrate.
- It must be ensured that the copies of the complaint have been stamped bearing Daily Diary Number.
- Once the FIR is registered, the content cannot be changed. However, any additional information may be added to it. FIR is not supposed to be made during an investigation.
How to file FIR online?
e-FIR can be filed for cognizable offenses, including rape, kidnapping, murder, and death related to dowry. In such cases, the police can make necessary arrests and investigations even without the court’s order. The facility of filing FIR online exists in some of the states in India.
What should be mentioned in the FIR?
- Name and address of the informant;
- Date, time, and location of the incident being filed;
- The genuine facts of the incident as they occurred;
- Identification and description of the persons involved in the incident;
- Witnesses, if any
What if FIR is not registered?
- The aggrieved person can send a complaint in writing and by post to the Superintendent of Police concerned.
- If satisfied with the complaint, the Superintendent of Police shall either investigate the case himself or order an investigation to be made.
Conclusion
We hope you have learned about the full form of FIR, the importance of FIR, how you can lodge an FIR in a police station, your rights related to FIR, and all other necessary details of FIR. Still, if you have any doubts or queries related to FIR, do contact us through the comments section. We would be delighted to address your doubts or queries.