Last Updated on December 7, 2019 by Legalseva.net
Introduction:
FIR stands for “First Informational Report”. It is a written document prepared by a police officer when he receives information about a cognizable offence, generally filed under section 154 of the code of criminal procedure.Information given under sec 154(1) of the side is known as FIR but the section does not disclose FIR directly.It is basically a complaint filed by the victim or by any other person in his /her behalf.
Also Read- HOW TO QUASH FIR IN CHANDIGARH AT HIGH COURT
FIR is an important document it helps in the process of criminal justice. A Police officer can A police investigation only after the registration of FIR. Once the FIR is registered, the content of the FIR shall not be changed except the ruling of the High Court and the Supreme Court of India.
Once an FIR is registered, a copy of the FIR shall be given to the victim or any other person in his/her behalf free of cost.
Also Read- GROUNDS FOR QUASHING OF FIR
Conditions of registration of FIR:
The only condition of precedent for The only registration of FIR is that the information should disclose a cognizable offence.
Is registration of FIR by a police officer is mandatory:
Sec 154 further says that an officer in charge of a police station can register every information relating to the commission of a cognizable offence.
Also Read- REGISTRATION OF FIR- GUIDE
The Constitutional Bench of Supreme Court held in the case of Lalita Kumari vs state of U.P.that registration of FIR by a police officer is mandatory under section 154(1) of the code where such information is given by any person which disclose the commission of a cognizable offence.
There is no reason that there should be any discretion or option left with the police to register or not to register an FIR when information is given about the commission of a cognizable offence
Also Read- POLICE NOT REGISTERING FIR, WHAT TO DO?
Evidentiary value of an FIR:
FIR is not a piece of substantive evidence. It may be used to corroborate the informant under section 157 of the Evidence Act or to contradict him under section 145 of the Act if the informant called as a witness.
Also Read- HOW TO FILE A POLICE COMPLAINT
Rule to file an FIR:
- Anyone can file an FIR who knows about the commission of the cognizable offence.
- Police must write it down when the information about the commission of the cognizable offence is given orally.
- The victim or the person who is making the complaint has the right to demand that the information recorded by police be read to him/her.
- Once the information is recorded, it must be signed by the person giving the information. If the person cannot write, he or she shall place the left thumb impression on the document.
- After making the FIR, you should take the copy of FIR. It is your right to ask for the copy of FIR freed from cost if the police do not give it to you.
This post is written by Sonu Kumar pursuing BBA- LLB 5 year integrated course. For more info on subject, please dial 99888-17966. You may also seek expert legal advice on criminal matters from top/best criminal lawyer in tricity i.e. chandigarh panchkula mohali.
