This article explains all the Interesting Facts about FIR i.e. “First Information Report” in detail. Ever Now or Then You must have heard the word FIR in your lifetime. Yes, we are talking about the same FIR that a Police Personnel write while you go to lodge a complaint in Police Station. However, very few people from you will aware of this topic in detail. So now, you don’t have to worry about it, because here we are going to discuss the topic “FIR” in detail.
So, First of all, you have to understand What an FIR is and what is its definition?
What is the Definition of FIR? Formally and Informally
FIR stands for First Information Report. Talking about its definition from law perspective people.
An Information that is register under Sub-section (1) of Section 154 of The Criminal Procedure Code 1973 is Known as First Information Report (i.e. FIR).
Let me explain you in-formally about Sub-Section 1 of Section 154 of CrPC. Every Information that is registered because of a cognizable offence, moreover, the information register under the guidance of Police Station Incharge in a Police station. Now, Talking about the Information one can give it to the authority (i.e. Police Station Incharge) orally or in Written. The authority then keeps or note the FIR in the FIR Book. After that, the Person who registers FIR has to sign the FIR report. A person who is not able to Read or Write can also put his/her left-hand thumb impression on the FIR Report. Next, to this step The Authority who register FIR also have to give a free copy of it (according to sub-section 1) to the Individual who registers it.
First Information Report as the name clarifies, it is the first Information which one provide to a Police Officer about an incident. Moreover, the Police Officer make a report of it, this is why we call it a First Information Report. If you still have a problem in understanding FIR, you can think of it as a complain you register in Police Station.
What are all the Incidents about which an Individual Lodge an FIR?
Now, One Question that might arise in your mind, What are all the incidents about which you can lodge an FIR complaint in Police Station. In India, An FIR can be lodged for any incident that falls under Cognizable offences. Cognizable offences are those offences that come under violent crime nature. Crimes like Murder, Rape, Kidnapping, Death for Dowry etc comes under Cognizable offences. Under Cognizable offence, a police officer has the power to arrest a person without having a warrant. If the person commits about a Cognizable offence to a Police Station In-charge, he/she can do a further investigation without magistrate permission.
Who can Lodge an FIR?
FIR can be lodged by anyone who thinks a crime happens under the Subsection (1) of Section 154 of CrPC. CrPC stands for Criminal Procedures Code.
How one can Lodge an FIR?
There are different ways to Lodge an FIR. Once can lodge an FIR Orally, moreover, one can do it in written also. Other can also do it on the telephone. However, now, one can also lodge an FIR Online. We can explain all of these methods in detail don’t worry.
Lodging FIR Orally
It is the ideal way of registering an FIR. A Victim or Witness have to visit a Police station, and then, presenting their first statement about the incident to the Police Station Incharge. Then, Police Station Incharge make a note of it in the FIR Book and give the FIR Report free of charge to the victim or witness.
Lodging FIR Over Telephone
An FIR is considered to be valid only when it will find a place in FIR Book. So, if you lodge a complaint about any cognizable offence Over telephone and the Police Station in-charge write it in FIR Book then, the FIR is valid. In many parts of India, Police Station Incharge lodge FIR over General a WhatsApp messages too. So, it all depends on Police Station Incharge.
Lodging FIR Online
There are several websites where you can file FIR Online but we are not making any statement about its validity.
Where to File FIR?
You can File FIR in any Police Station that falls under any Jurisdiction. Section 154 also gives you the freedom of it. Technically it called Zero FIR. Later the officials from Police Station transfer that FIR to the relevant Police Station. However, more generally Policemen itself won’t have the knowledge of Zero FIR and ask the Victim to register to complain under appropriate Judiciary.
What are all the Things to Mention in FIR?
While lodging an FIR make sure to include the following set of things in the FIR Report. We are giving out these details so that you are totally prepared while go to file an FIR.
- Victim or Witness Name and Address
- Date and Time of the Incident for which you are lodging FIR.
- Facts and Figures of the Incident but do mention only true statement.
- If you know, also mention the name and description of the person who involves in the incident.
What will you do if a Police Station Incharge won’t lodge your FIR?
Before giving out the answer for this, first, make sure that you lodge an FIR for a Cognizable Offence. We telling you this because FIR is only lodged for the Cognizable offence. For Non-Cognizable Offences a Policemen prepare a private report. Above in this article, we talk about Cognizable offence.
Now, Consider a case where you want to report for a cognizable offence and a Police Station Incharge refuse to make a report of it. Well, in that case, you could do the following set of a task we mention below.
- If a Police Station Incharge refuses to report an FIR, you can meet his/her higher ranking officials like Police Superintendent, Deputy Inspector General, Inspector General etc. Next, In front of any of these officials, you explain your complaint. You can also report to Police Superintendent or the respective officials via Speed Post or Courier.
- If the above Official also won’t perform any legal action then you could file a private complaint in Court.
- Besides these things, you could also inform your State Human Rights Commission or the National Human Rights Commission.