Posted In: Criminal Law
Posted By: RASHICHOUDHARY
First Information Report (FIR) is a written document by the police in the police station after they receive information concerning the commission of a cognizable offence. It's a report of data that reaches the police initially for the purpose of your time which is why it's referred to as the primary data Report. it's typically a criticism lodged with the police by the victim of a knowable offence or by somebody on his/her behalf. Anyone will report the commission of a knowable offence either orally or in writing to the police. Even a telecommunication message will be treated as FIR.
Who will lodge an FIR?
Anyone who is aware of the commission of a knowable offence will file an FIR. It's not necessary that solely the victim of the crime ought to file an associate degree FIR. An officer who understands a knowable offence will file an FIR himself/herself.
You can file an FIR if:
- You are the person complaining against an offence whom the crime has been committed;
- You recognize yourself concerning the offence that has been committed;
- You have seen the offence being committed.
What is the procedure of filing an FIR?
The procedure of filing associate degree FIR is prescribed in Section 154 of the Criminal Procedure Code, 1973.
- Once data concerning the commission of a knowable offence is given orally, the police should write it down.
- It's your right as an individual giving data or creating a criticism to demand that the knowledge recorded by the police is scan over to you.
- Once the crime has been recorded by the police, it should be signed by the person giving the knowledge
- You ought to sign the report solely once corroborative that the knowledge recorded by the police is as per the main points given by you.
- People that cannot scan or write should place their left thumb impression on the document once being glad that it's an accurate record.
- Continuously kindle a replica of the FIR, if the police don't provide it to you. it's your right to urge it freed from value.
Things you shouldn't do:
- never file a false criticism or offer wrong data to the police. you'll be prosecuted for giving wrong data or for deceiving the police. —[Section 203, Indian Penal code 1860]
- never exaggerate or distort facts.
- never build obscure or unclear statements.
What will you be able to do if your FIR isn't registered?
- You'll be able to meet the Superintendent of Police or different higher officers like Deputy General officer of Police & General officer of Police and convey your offence to their notice.
- You'll be able to send your criticism in writing and by post to the Superintendent of Police involved. If the Superintendent of Police is glad together with your criticism, he shall either investigate the case himself or order an associate degree investigation to be created.
- You'll be able to file a non-public criticism before the court having jurisdiction.
- You'll be able to additionally build a criticism to the State Human Rights Commission or the National Human Rights Commission if the police will do nothing to enforce the law or will do it in a very biased and corrupt manner.
What must you mention within the FIR?
- Your name and address;
- Date, time and place of the incident you are reporting;
- True facts of the crime as they occurred;
- Names and descriptions of the persons concerned within the incident;
CAN A FIR BE LODGED ON on-line ?
Initially, the prospect of registering an FIR in a very police station would build folks forcing the lock a sweat because the method was thought-about tedious and also the worry of police harassment. Once you approach the police station, you're needed to file a First Information Report (FIR). The procedure for filing associate degree FIR is mentioned beneath Section 154 of Criminal Procedure Code, 1973.
For police, earlier the method of registering an associate degree FIR for every case would take up tons of your time and energy of the employees. Most police stations square measure inadequate and loaded down with work, therefore basic public response and courtesy get unnoted, resulting in folks whiney of police rudeness and apathy.
Now the police departments in numerous states have introduced a web system to register FIR, check the standing and track taken vehicles on-line. This protects time, cash and most of all, is freed from any harassment and with an outsized proportion of FIRs currently being filed on-line, the police employees have been freed of public pressure that successively ensures a stronger FIR follow up and faster response to complaints filed.