First Information Report)
First Information Report)
First Information Report)
•Section 154 of the Code , the report must disclose the commission of a
cognizable offence & it is sufficient to set the investigation machinery into
action.
Step 1: Visit the nearest police station & describe all the details to the
police whatever you know.
Step 2: You can either verbally tell the police officer about the incident, for
instance, what happened? How do you know? Or, write down the details
by yourself.
Step 3: If you tell the police verbally, then the duty officer must write it
down and then make an entry in the General Diary or Daily Diary.
Step 4: If you submit a written complaint then you must carry two copies.
One for the duty officer and the other one will be returned to you.
Step 5: The police will go through all the details once you submit the
information.
Step 6: After that, the information recorded by the police is read over to you.
Step 7: You need to sign the FIR, once the information has been recorded by the police.
Step 8: Sign the report only after verifying that the information recorded by the police
is as per the details given by you.
Step 9: A free copy of FIR will be given to you with an FIR number, date of FIR and the
name of the police station.
Make sure that both the copies must be stamped. The stamp on the FIR bears a DD
Number or Daily Diary Number. It is a proof that they received your complaint.
In case you lose your copy, you can use these details to access the FIR online for free.
FIR be lodged on a telephone or by means of telegram?
•It can be recorded on telephone or even through e-mail provided that the facts of
the case are not ambiguous and hence it can be treated as a FIR.
•It has been seen that in many police stations of India, even a message on email or
whatsapp, can be registered as First Information Report, provided that they are not
vague and all valid and necessary information has been provided.
•In Sukharam vs. State of Maharashtra, it was held that it is not important for
the informer to be present personally before the police for registration of an FIR.
Online FIR
•A type of FIR that can be filed in any police station regardless of the place of
incidence or jurisdiction.
•After investigating and filing it with the magistrate & it can transferred to the police
station which has the competent jurisdiction.
•It is to be noted that a normal FIR has a proper serial number on the contrary the
zero FIR is registered in any police station and hence is not numbered.
•The police station where the zero FIR is originally registered is supposed to make a
basic investigation into the case before passing it on to the other police station which
has its competent jurisdiction.
What if Policeman Refuses to record FIR?
1. One can bring the complaint to the notice to the Superintendent of
Police or any other concerned official.
2. Complaint can be sent in writing through post to the Superintendent of
Police concerned. It is at the option of the officer that if he is satisfied
with the complaint, he shall either investigate the case himself or order an
investigation to be made.
3. One has the option to file a private complaint before the court having
jurisdiction under section 200 of CrPC .
4. One can always approach the State Human Rights Commission or
National Human Rights Commission in case the police acts in a negligent
or biased manner.
If the informant files a false FIR
•False complaint in India is punishable offence under section 182 & 211 of the I P C.
•According to section 182 there is prescribed punishment for 6 months & fine in
case of any person registering a false complaint to a public servant.
•According to section 211,there is no use of the term ‘public servant & hence
accordingly any person who starts a criminal proceeding against any other person on
the basis of filing false information to cause injury to the alleged person is liable to
face imprisonment for a period extending to two years & if the charge discloses an
offence which is punishable by death or imprisonment up to 7 years.
Remedy Available To Persons Against Whom False FIR is filed
•A person against whom FIR is filed which is false and baseless then in that
case as a precautionary step he has the freedom to apply for anticipatory
bail under section 438 of the criminal procedure code, 1973.
•The aggrieved can also file a case for defamation. He has also the right to
file a petition under section 438 of the code of criminal procedure, 1973
praying to quash the FIR on the basis of the FIR being a false allegation
and he being not guilty.
Conclusion: