FIR stands for First Information Report, i.e. First Information
received by a Police officer in respect of the commission of cognizable
offence. This first information alleging the commission of cognizable offence
need not necessarily be given by a victim or an eye-witness, and in cases it
may even be furnished by the person who has committed the crime and has
thereafter informed the Police about the crime. The F.I.R. is registered u/s
154 of Criminal Procedure Code (CrPC), 1973. Registration of FIR is a first
step which sets the machinery of law into motion, followed by investigation and
filing of Police Report.
What is meant by “Cognizable
offence”, is defined under CrPC, 1973, and it means a “case” in which the
Police officer is empowered to investigate the offence and may arrest a person
suspected of having committed the said offence.
The mandate of section 154: Section 154 of CrPC, inter alia, mandates that
every information relating to the commission of a cognizable offence, if given
orally to an officer in charge of a police station, shall be reduced to writing
by him or under his direction, and be read over to the informant; and every
such information, whether given in writing or reduced to writing as aforesaid,
shall be signed by the person giving it, and the substance thereof shall be
entered in a book to be kept by such officer in such form as the State
Government may prescribe in this behalf:
Therefore, for the
registration of FIR, the complaint / information furnished to the Police must
relate to the “commission” of a cognizable offence. Therefore, FIR, as far as
possible, must aptly spell out the bundle of “incriminating acts and omissions”
attributed towards the person concerned, wherein the said acts and omissions
would constitute a particular offence, except in cases where the FIR is
registered by a person other than the victim or eye witness.
Quashing of FIR: Ordinarily, FIR cannot be quashed on the
premise that it is lacking in necessary ingredients of offence, for, it is only
a preliminary information which is furnished, and full-fledged inquiry is yet
to be carried out, except in cases where the acts attributed in the FIR does
not constitute any offence. And, also it is the well settled principle laid
down in cases too numerous to mention, that if the FIR did not disclose the
commission of an offence, the court would be justified in quashing the
proceedings preventing the abuse of the process of law.
Non Cognizable offences: In case of Non Cognizable offences, after
registering the same, since police do not investigate the case, complainant
must approach the Magistrate Court for further action. The address of
Magistrate Court may be obtained from the Police Station itself. However, if
one of the offences in the commission of crime is cognizable offence, then
non-cognizable offence should also be investigated in the same manner as
Cognizable offences are investigated.
SC mandatory direction for registration of FIR: The Constitution bench
comprising five judges of Apex Court in the case of Lalita Kumari Versus Government Of Uttar
Pradesh [AIR 2014 SC 187], settled the law in respect of registration of F.I.R.
by Police. The Apex Court laid down the guidelines, inter alia, stating that
FIR must be registered in cases where the information discloses commission of a
cognizable offence; and in cases where there is any confusion, preliminary
enquiry may be held and be completed within 7 days, and decision should be
taken as to whether the information discloses commission of cognizable offence;
and the guidelines calls for strict action against the defaulting police
officers.
Place of Registration of FIR: FIR may be registered at the nearest Police
station, where the offence is alleged to have been committed; or where the
victim of offence, is residing or carries on business. Police cannot evade
registering an offence on the plea that they do not have jurisdiction. It is
necessary that offence is registered and the same is sent to the Police Station
concerned.
Oral or written complaint: FIR may be registered orally to the concerned
Police officer in the Police station, or complaint may be made in writing,
which is then reduced to writing in the form of FIR. The concerned Police
officer, after recording the FIR in the prescribed form, will explain the
contents of the said FIR, and the complainant than has to sign over in the said
recorded FIR. The Police are obliged to give copy of FIR to the complainant.
What if registration is refused: If Police officer concerned (SHO), refuses to
Register FIR, than by virtue of section 154(3), a written Complaint may be send
by Post to the Superintendent of Police or the Commissioner of Police (in
Metropolitan areas). Some of the other things which can be done are (a)
Application u/s 156(3) may be made before the concerned Magistrates Court or
even an oral complaint may be made before the concerned Magistrates Court.
Further, a complaint may be made to Judicial/Metropolitan Magistrate under
Section 200 of Criminal Procedure Code, 1973, requesting that either the Police
be directed to register an FIR and initiate investigation or the Magistrate may
be requested to take cognizance of the complaint so filed before it and process
of summons may be issued against the accused.
Incorrectly Framing FIR: When a victim approaches the police station to
register a complaint, it is the responsibility of police to correctly take down
the complaint and thus register FIR or NC as the nature of offence emerges from
the complaint. If police manipulate registering FIR as a NC or the other way
round, then they may be charged with offence under Section 218 of IPC. A copy
of every FIR or NC registered by police must be sent to respective
Judicial/Metropolitan Magistrate within 24 hours so that it cannot be tempered
with.
False complaints: It must also bear in mind that it is a
criminal offence u/s 182 and 211 of IPC, 1860 to knowingly make a false
complaint / accusation and register a false complaint against any person.
A person, instead of going to
police, may directly approach Judicial/Metropolitan Magistrate to file a
complaint under Section 190 of CrPC and the Magistrate, on the merits of the
case, may direct the police to register FIR/NC and investigate the case. High
Court Criminal Manual Appellate Side, Chapter 3, Section 1A(IIa) mandates that
where a complaint is filed before Judicial/Metropolitan Magistrate, he must
hear the complainant and his witnesses within 7 days of filing of complaint and
then pass orders accordingly.
What after FIR: Where
an FIR is registered, the Police carry out the investigation and file Police
Report u/s 173 of CrPC. The Police is empowered to arrest persons named in the
FIR, without the warrant, but in strict compliance to sections 41 to 60A of
CrPC, 1973, and further in strict compliance to SC guidelines in that behalf.
When any arrest is made, the Accused must be produced within 24 hours of his
arrest to the nearest Magistrates Court. In serious offences of rape and
murder, the Police record the statement of main witnesses before the Magistrate
u/s 164 of CrPC, 1973.
Finger Tips
Ø FIR should be lodged
immediately. The longer the delay, the stronger the suspicion. The delay should
satisfactorily be explained. Delay, if any, in registering the case should be recorded
in FIR.
Ø Written complaint should be
given and the complainant should be specific while giving written statement and
recall each and every fact as far as possible.
Ø Written statement should be
duly signed or affirmed using a thumb impression.
Ø Only a report of cognizable
offence should be lodged in FIR.
Ø Place, date and time of
occurrence should be mentioned in the FIR.
Ø Arrival and departure of the
informer should be mentioned in the FIR as well as Daily Dairy Register.
Ø Four copies of FIR should be
prepared simultaneously by using carbon paper.
Ø FIR should be lodged in neat
and clean hand writing and be kept in safe custody being a permanent record.
Ø A copy of FIR should be sent
to Magistrate concerned immediately.
Ø A copy of FIR should be
provided to the complainant free of cost.
Ø Care should be taken that all
the material facts are mentioned in FIR as known to the complainant.
Ø If information is available
at the time, names of the accused persons should occur in FIR, if not, FIR can
be registered in unknown accused person.
Ø An FIR once registered can
only be quashed (cancelled) by High Court concerned under Section 482 of the
CrPC.
Sandeep Jalan
Advocate
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