A First Information Report (FIR) is a written document prepared by police organizations when they receive information about the commission of a cognizable offense. It is generally a complaint lodged with the police by the victim of a cognizable offense or by someone on his or her behalf, but anyone can make such a report either orally or in writing to the police.
A FIR is an important document because it sets the process of criminal justice in motion. It is only after the FIR is registered in the police station that the police take up investigation of the case.
As described in law,
- When information about the commission of a cognizable offense is given orally, the police must write it down.
- The person giving information or making a complaint has a right to demand that the information recorded by the police be read to him or her.
- Once the information has been recorded by the police, it must be signed by the person giving the information.
Points to Consider:
1. Police are not to be paid any fees, charges or gift for registering FIR.
2. There should be four copies recorded simultaneously, with carbon sheets in place.
3. The complaint should be given in writing. (Oral complaint is possible but not advisable)
4. Avoid complicated words and detail explanation. keep FIR information short.
5. You have right to obtain a copy of FIR, free of charge.
6. Take phone number of Investigating Officer (IO) who registered your FIR along with officer name and the number having superior rank. This is important when you get abuse by any officer, you can inform the superior officer. Such incident should be notified using Reg. Post. (Evidence is Important)
7. While writing Complaint, make sure police officer writes what you advise him to write, as a part of your story. do not get pressurized if he does not cooperate as, there are other options to file a complaint.
Why Police Refuse Registering Case?
There is a number of reason that police refuse registering FIR, some of them are as below:
1. They are lazy and they don’t like lengthy paper work.
2. They take a bribe to favor accused.
3. They want bribe from you.
4. They’re afraid of filing case against accused if he is the influential person.
5. They don’t know about Indian Penal code and what section of it applies to your case so If they file your case, it is quite probable they would make mistake if they register FIR and if they register the case with the wrong section, they get a warning or even departmental action from their superior or court.
6. Unlike any other company, Police department sometimes has set a target so they manipulate with facts and by the way registering less FIR every year, they show crime is mitigated in the city. This is also a pressure from Government for their voting factor.
What can be done to Register a FIR?
1. If the officer on duty refuses to lodge your FIR, You may approach the superior rank officer with your grievance and lodge complaint.
2. If the superior officer refuses or does not respond, send a complaint to the concern police station by Registered Post.
3. Have some patience, you would get a call for your statement. When you get a call for a statement, visit the police station and describe your complaint briefly. be confident when you are dealing with police.
4. If you believe that after reasonable time, police has not investigated your complaint, you can send complaint to superior officer under section 154(3) of Crpc or Magistrate under section 156(3) of Crpc to Magistrate
4. If Police do not investigate your case or refused to register FIR then get a Summary Report. (it is a report that gives you reason under what circumstances, police has refused to registered your FIR)
5. Thus, a Magistrate who on receipt of a complaint, orders an investigation under Section 156(3) and receives a police report under Section 173(1), may, thereafter, do one of three things:
(i) He may decide that there is no sufficient ground for proceeding further and drop action;
(ii) He may take cognizance of the offense under Section 190 (1) (b) on the basis of the police report and issue process; this he may do without being bound in any manner by the conclusion arrived at by the police in their report;
(iii) He may take cognizance of the offense under Section 190 (1) (a) on the basis of the original complaint and proceed to examine upon oath the complainant and his witnesses under Section 200. If he adopts the third alternative, he may hold or direct an inquiry under Section 202, Cr PC if he thinks fit. Thereafter he may dismiss the complaint or issue process, as the case may be.
6. you can also file a direct complaint under section 202 of Crpc to the court.
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