Last Updated on October 1, 2018 by Legalseva.net
The FIR (First Information Report) is the first and the most important document to set the process of criminal justice in motion. The definition of FIR is given in S. 154 of Code of Criminal Procedure (CrPC). It is basically a written document prepared by the police when they receive information about the commission of a cognisable offence, i.e, offences where the police have the power to arrest without a warrant. A FIR contains basic knowledge of the crime committed, place of commission, time of commission, name of the victim, etc. FIRs can be registered by a victim, a witness or someone else with knowledge of the crime. Ideally, the FIR should be registered in the police station within whose geographical limits crime took place. However, in case of emergency, there is no bar on any other police station registering the FIR provided it has to send the FIR to the correct police station.
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The information given by the complainant can either be oral or written. The police are obliged to read the FIR back to the complainant in case the information is given to them orally in order to avoid any differences in the oral and written versions. Case information can also be given over a telephone or through an email. In such a case, the complainant is required to subsequently go to the respective police station for the registration of FIR. Further, according to the latest development, FIR can also be registered and viewed online. Under Indian Criminal law, both the complainant and the accused is entitled to get a copy of the FIR free of cost.
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In all cognisable offences, it is compulsory for the police station to register the FIR. However, if a police station refuses to register the FIR, a complaint regarding the same can be made to the senior officer. The complainant is also legally entitled to file a complaint to the Judicial Magistrate of the respective area thereby praying FIR to be registered by the police and investigation into the matter. A writ petition in the respective High Court may also be filed for the issuance of the Writ of Mandamus against the defaulting police officer ordering him to register the FIR and directing him to showcase why he has not registered the FIR. Refusing to register an FIR can now cost a policeman an year of jail. Apart from all this, a writ petition can also be filed in the respective High Court seeking compensation if the non-registration of FIR has resulted in violation of the fundamental right of life and liberty as guaranteed under Article 21 of the Indian Constitution.
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This post is written by Bhumika Khandelwal of ILS Law College, Pune. For any subject specific advice please dial 99888-17966.
