First information Report (FIR)
The First Information Report (FIR), as per the Code of Criminal Procedure (CrPC) in India, is a crucial document that marks the initiation of a criminal investigation. Here’s a detailed overview of FIR:
Definition
An FIR is defined as the first oral or written information regarding the commission of a cognizable offence, given to the officer in charge of a police station. While the term 'FIR' is not explicitly defined in the CrPC, its significance lies in its role as the initial record of the information that triggers police action.Purpose
The primary purpose of an FIR is to inform the police about the occurrence of a cognizable offence so that they can initiate an investigation promptly. It acts as the starting point for the police to collect evidence, conduct inquiries, and file charges against the accused.Legal Provisions
Section 154 of the CrPC outlines the procedure for recording an FIR:
- Oral or Written Information: Information can be given either orally or in writing. If given orally, the officer must reduce it to writing.
- Signature of Informant: If the information is written down, it must be signed by the informant.
- Reading Over to Informant: The written information must be read over to the informant to ensure its accuracy.
- Station Diary: The substance of the information must be entered into a police station diary in a prescribed format.
- Women Victims: If the informant is a woman alleging offences like sexual assault, the FIR must be recorded by a woman police officer.
Contents of an FIR
An FIR generally includes:
- Name and address of the police station where it is lodged.
- Date and time of registration of the FIR.
- Date, time, and place of the occurrence of the offence.
- Details of the complainant/informant.
- Details of known/suspected/unknown accused.
- Description of the offence.
- Actions taken on the complaint.
Who Can Lodge an FIR?
Anyone with knowledge of the commission of a cognizable offence can file an FIR. This includes:
- The victim of the crime.
- A witness to the crime.
- A police officer who becomes aware of the offence.
Filing an FIR
- Jurisdiction: Ideally, an FIR should be filed at the police station having jurisdiction over the area where the offence occurred.
- Zero FIR: In urgent situations, a Zero FIR can be filed at any police station, regardless of jurisdiction, which will later be transferred to the correct jurisdictional police station.
Refusal to Register an FIR
The officer in charge is legally bound to register an FIR for cognizable offences. If they refuse, the aggrieved person has remedies such as:
- Writing to the Superintendent of Police.
- Filing an application to a magistrate under Section 156(3).
- Complaining to the concerned magistrate under Section 200.
- Approaching the High Court under Section 482 of the CrPC.
Importance of FIR
An FIR is essential for:
- Initiating the criminal justice process.
- Ensuring accountability in law enforcement.
- Protecting the rights of the informant by providing a formal record of the complaint.