Date : 12-06-2018 18:51
First Information Report is prepared by Police on getting information about commission of a cognizable offense. Cognizable offences are such offences where a police officer can arrest a person with or without warrant and investigation can be initiated prior to obtaining permission from court. FIR is a written document. It can be given in verbal as well as in written form. Even the information given on telephonic call can be also considered as FIR depending upon the facts of the case. Only after the registration of FIR the investigation is carried on. FIR is not considered as a substantial piece of evidence. It is advisable to register FIR as soon as one comes to know about the cognizable offence. If there is delay in filing FIR then a reasonable reason has to be taken into consideration.
FIR basically records perspective of the complainant on the crime which has been committed. FIRs can be filed by person who has the information that crime has been committed or by person who has witnessed the commission of the crime against the person who has committed the crime. Under section 154 of Criminal Procedure Code, 1973, the procedure for filing an FIR has been given. Usually a person visits the police station for filing of the FIR or complaint. No charges are charged for filing the FIR.
There is also a concept of Zero FIR. This is followed mostly in cases of rape, murder, etc where immediate investigation is required. This concept was brought so that time does not get wasted in reaching the police station in whose jurisdiction the crime has fallen.
In Criminal Procedure Code, 1973 it is mandatory for police officer to register the FIR. In case where a police officer has refused to register a FIR then the person can send the substance of information in writing and by post to the concerned Superintend of Police (SP).
Step-1: Visit the nearest Police Station where commission of crime has taken place.
Step-2: Give information orally or in written form. In case the information is being given verbally then it is the duty of the officer in charge of the police station to deduce it in writing and then should be read out to informant.
Step-3: The information deduced in writing has to be signed by the informant.
Step-4: Duty of Police officer is to record the FIR in their record book.
Step-5: The informant should be given a copy of FIR free of cost.
If police officer is convinced with the findings then the police send the report to the concerned magistrate and ask to take cognizance. The Magistrate further orders an investigation on basis of FIR. If the magistrate is satisfied with the final report and findings of investigation on basis of FIR then the court issues the summons.
In cases of sexual violence if there is delay in filing FIR and the court is satisfied with the reasoning as to difficulty of victim to come out and complain then it can be excused. FIR can be registered.