How to lodge an FIR in India?
Date : 27 Apr, 2021
Post By Advocate Debasis Mitra
FIR stands for First Information Report, to initiate any criminal proceeding the first step is to lodge an FIR. FIR is a document that contains the facts of the case on the basis of which the case initiated and investigation starts and after investigation, the charges have been filed. In this blog, we are going to discuss what is FIR, how FIR is filed, and what are the ways FIR registered? FIR and Laws related to FIR: Section 154 of the CrPC: This section talks about the FIR in case of cognizable offence. It states that, if a person reports about any cognizable offence in front of the officer in charge orally it has to be reduced in writing by the officer or by the order of the officer reduced in writing by his subordinate officer. It has to be read to the person who is reporting the crime to let him/her know what is written in the FIR report, then it has to be signed by the person reporting the crime, First Information Report copy should be given to the informant without any fees and free of cost. The FIR report has to file in the police register to make it an official report and to make it a police fir report on the basis of which a case will be initiated against the accused. Consult the best lawyer online Section 154(1) of the CrPC: This section states that FIR can only be filed in cognizable offences. Cognizable offences are those offences where police can arrest the accused without a warrant. By seeing the gravity of offence police can arrest the accused without a warrant. And the difference between the cognizable and non-cognizable offence is mentioned in the first schedule of the CrPC. Who can file or lodge an FIR? Any individual can lodge an FIR who has the information about the crime or the offence and the officer in charge of the police officer has to register the FIR as long as the crime committed is a cognizable offence. Any police officer could file or order the subordinate officer to write it down. How to file an FIR? To lodge an FIR the person who has the information of the crime or the informant has to reach the nearest police station where the crime has been committed. After reaching the place the informant has to narrate everything that he/she has seen and knows about the crime. According to section 154 of the CrPC, it is on the informant whether the informant wants to narrate the incident or gives the report in writing in front of the police officer. Now if the informant gives the report orally then the police officer present there has to write it down and make a record in the official police report to maintain a government document. What to do if the police officer or officer in charge refused to file an FIR? A police officer or the officer in charge can not refuse to file or lodge an FIR but if the crime committed or the offence has been committed outside the jurisdiction of the police station or the police officer then he/she can refuse to file the FIR and can tell the informant where he/she can lodge an FIR. If the police officer is refused to lodge an FIR even though he has jurisdiction then under section 154(3) of the CrPC the informant or the person with the information of the crime committed can write the information of the offence and send it to the superintendent of the police by post then if superintendent thinks the information is sufficient to lodge an FIR he can file it and either he/she himself/herself can investigate about the crime or can order the subordinate officer to investigate the crime.
If the subordinate officer is also not lodging an FIR then under section 200 of the CrPC the informant can complain in front of the magistrate orally or in writing about the offence or the crime. If the complaint is filed in front of the magistrate it will be treated as a complaint case and the magistrate will on oath examine the witness and the informant and if the offence is cognizable offence then the magistrate can order the police officer to investigate the case. Another way which FIR can be lodged if the police officer refused to lodge is through the writ. Under Article 226 of the Indian Constitution Mandamus, the writ can be filed in the High Court or Supreme Court. Mandamus writ is the writ that can be filed against the State or Government if they are not performing the duty they are supposed to be. So if any public officer is not doing his job then this writ can make it mandatory for him to do it. Contents of an FIR: An FIR should contain certain information which is important to report the crime and to arrest the accused person. The information has to be true and precise because on the basis of this report the police will arrest the person officially so no innocent person should suffer that needs to keep in mind. The contents of the FIR are:- First whether the informant is an eye witness or hearsay. Nature of the Cognizable offence. The name and other details of the accused if the informant knows, if he/she does not then can give a physical description of the accused. Name and details of the victim of the offence if the informant knows about it. The time and date of the commission of offence. The place where the crime has been committed. The intention or the motive of the offence or crime if the informant knows about it or heard from the accused while commissioning of the crime. The description of how the crime has been committed every single thing, every single detail, who was the person committing the crime? How did he/she do it? What weapon he/she has used everything. Name and address of the witness of the crime. Why FIR is important? To let the Magistrate and District Superintendent of the police know who had the responsibility to maintain the peace and safety of the area where the crime has been committed. To let the judicial officer who has the jurisdiction know about the case or crime and the investigation regarding the offence. To protect the rights of the accused and to give fair and justified chances to the accused. To take action under the criminal law in the specific case. FIR played a very important role in the investigation. Lodging of FIR through telephonic conversation or whether first information report online valid or not? Generally, if an informant calls the police from the crime scene to call the police to the crime scene, that is just the information that can not be considered as FIR but if someone describes the case and the offence in detail on telephones whether it will be considered as an FIR or not is discussed in a case: Sidhartha Vashishtha: Alias Manu Sharma v. State In this case it was held that if the telephonic call is made right after the commission of a crime to the police officer can consider it as FIR only if the information is true and gives the details of the exact incident. And if the police are called specifically to do the necessary steps regarding the offence then it can be considered as FIR. Therefore FIR can register through the telephonic conversation if the information is right, clear, and gives the details of the offence. Also, it is mandatory to file an FIR be it online or at the police station therefore if the information discloses that a cognizable offence has been committed then the police officer has to file FIR. Hence FIR can be filed online but only in cognizable offences. Get in touch with the best lawyer online What if the offence is non-cognizable in nature? Section 154of CrPC makes it clear that FIR can only be filed in case of cognizable offences if the crime is non-cognizable in nature then the informant has to file a complaint, then on the direction of the magistrate, the police officer will investigate the matter. The powers of the police officer in cognizable offence and in non-cognizable offence is the same except in non-cognizable offence police can not arrest the accused without warrant.
