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Concept of FIR Under Criminal Procedure Code

The document discusses the concept and process of filing a First Information Report (FIR) under the Indian Criminal Procedure Code. It explains what constitutes an FIR, who can file one, the timeline for filing, and the steps generally involved in registering an FIR with the local police station. The Supreme Court has also issued guidelines around mandatory registration of FIRs for cognizable offenses without preliminary inquiry.

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41 views5 pages

Concept of FIR Under Criminal Procedure Code

The document discusses the concept and process of filing a First Information Report (FIR) under the Indian Criminal Procedure Code. It explains what constitutes an FIR, who can file one, the timeline for filing, and the steps generally involved in registering an FIR with the local police station. The Supreme Court has also issued guidelines around mandatory registration of FIRs for cognizable offenses without preliminary inquiry.

Uploaded by

Piku Deka
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Concept of FIR Under Criminal

Procedure Code

F.I.R. means any information recorded by an on-duty officer given by


an aggrieved person or any other person in writing or made orally about
the commission of a Cognizable Offence. Based on the information
provided the investigation started. F.I.R can also be registered by the
Judicial Magistrate by giving the direction to the concerned
jurisdictional area of the Police Station.
Section 154: Information in cognizable cases

Every information relating to the commission of a cognizable offence,


if given orally to an officer in charge of a police station, shall be
reduced to writing by him or under his direction, and be read Over to
the informant; and every such information, whether given in writing or
reduced to writing as aforesaid shall be signed by the person giving it,
and the substance thereof shall be entered in a book to be kept by such
officer in such form as the State Government may prescribe in this
behalf.

A copy of the information as recorded under sub-section Shall be given


forthwith, free of cost, to the informant.

Any person aggrieved by a refusal on the part of an officer in charge of


a police station to record the information referred to in subsection may
send the substance of such information, in writing and by post, to the
Superintendent of Police concerned who, if satisfied that such
information discloses the commission of a cognizable offence, shall
either investigate the case himself or direct an investigation to be made
by any police officer subordinate to him, in the manner provided by this
Code, and such officer shall have all the powers of an officer in charge
of the police station in relation to that offence.

Charge Sheet

A charge sheet refers to a formal police record showing the names of


each person brought into custody, the nature of the accusations, and the
identity of the accusers. It is also known as a four-part charging
instrument containing:

Information about the accused and the witnesses;


the charges and specifications;
the preferring of charges and their referral to a summary;
For the trial record.

A charge sheet is distinct from the First Information Report (FIR),


which is the core document that describes a crime that has been
committed. It usually refers to one or more FIRs and charges an
individual or organization for (some or all of) the crimes specified in
those FIR(s). Once the charge sheet has been submitted to a court of
law, prosecution proceedings against the accused begin in the judicial
system.

Who can File F.I.R:

1. Victim of the offence, or


2. family member or the Friend of the victim, or

3. Any person who witnessed the offence, or

4. The person who has committed the offence, or

5. A police officer, or

6. Any other person who has come to know about such an offence.

· In order to constitute an F.I.R. in terms of Section 154 of Cr.P.C two


conditions are supposed to fulfilled:

· What information is conveyed by the Victim of the offence must be


information only; the information so provided must relate to the
commission of a Cognizable Offence only.

· In other words F.I.R is the initial stage where all the information
regarding the offence is gathered. In one of the judgments, the Madhya
Pradesh High Court has observed that the report of the crime which is
persuading the police machinery towards starting the investigation is an
F.I.R. subsequent reports are/were written; they are not hit under the
S.161 and do not constitute the same.

TIME PERIOD FOR FILING FIR

As per functional knowledge, every FIR must be registered and filed


promptly, expeditiously, and without wasting any time. There may be a
circumstance where some authorization of time may be given in filing
the FIR. But there must be some convincing reasons for the delay in
filing the FIR under the compelling circumstances. Judges with a lot of
sanity and experience can use their discretion judiciously and in the
interest of justice in each and every case. However, no possible duration
test of time can be fixed for applying the test of reasonableness to the
lodging of an FIR; it depends upon facts and circumstances of each
case. The delay in lodging the FIR as such is not lethal in law if the
prosecution substantiated lodging the report

Supreme Courts Guidelines/Directions For Registration Of An FIR:

· Registration of FIR is mandatory under Section 154 of the Code, if the


information discloses commission of a cognizable offence and no
preliminary inquiry is permissible in such a situation.
· If the information received does not disclose a cognizable offence but
indicates the necessity for an inquiry, a preliminary inquiry may be
conducted only to ascertain whether cognizable offence is disclosed or
not.

· If the inquiry discloses the commission of a cognizable offence, the FIR


must be registered. In cases where preliminary inquiry ends in closing
the complaint, a copy of the entry of such closure must be supplied to
the first informant forthwith and not later than one week. It must
disclose reasons in brief for closing the complaint and not proceeding
further.

· The police officer cannot avoid his duty of registering offence if


cognizable offence is disclosed. Action must be taken against erring
officers who do not register the FIR if information received by him
discloses a cognizable offence.

· The scope of preliminary inquiry is not to verify the veracity or


otherwise of the information received but only to ascertain whether the
information reveals any cognizable offence.

How to file a FIR generally

Step 1: Visit the nearest police station and describe all the details to the
police whatever you know.

Step 2: You can either verbally tell the police officer about the incident,
for instance, what happened? How do you know? Or, write down the
details by yourself.

Step 3: If you tell the police verbally, then the duty officer must write it
down and then make an entry in the General Diary or Daily Diary.

Step 4: If you submit a written complaint then you must carry two
copies. One for the duty officer and the other one will be returned to
you.

Step 5: The police will go through all the details once you submit the
information.

Step 6: After that, the information recorded by the police is read over to
you.

Step 7: You need to sign the FIR, once the information has been
recorded by the police.
Step 8: Sign the report only after verifying that the information
recorded by the police is as per the details given by you.

Step 9: A free copy of FIR will be given to you with an FIR number,
date of FIR, and the name of the police station.

Make sure that both the copies must be stamped. The stamp on the FIR
bears a DD Number or Daily Diary Number. It is proof that they
received your complaint. In case you lose your copy, you can use these
details to access the FIR online for free.

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