FIR is the first report written by the police whereby the victim can lodge written complaint with the police for cognizable offences [These are the offence/case in which Police can arrest a person without warrant].
Stranger or someone on behalf of victim can also either orally or in written make report to the police. Even telephonic message can be treated as FIR.
Police can sumo moto can also file FIR in cases which are of public interest and grave injustice is depicted.
FIR is primarily document prepared by Police system.
FIR is said to be first document which set the process of justice in motion by registering FIR in police station where after the police take up investigation of the case.
FIR is covered under Section 154 of criminal procedure Code 1973.
Different aspect of a FIR are listed below:
NATURE AND RIGHT
If information about the cognizable offence is given orally, the police must write it down after the report is verified and signed by the person giving the information.
The person giving information has right to demand that the information recorded by Police be read to him.
Person has right to demand copy of FIR free of cost.
If the person is not able to read and write then they can give their left hand impression on the document after being satisfied about the correctness of report.
TIME
The FIR should be filed immediately after the occurrence of the incident. Delay in filing led to suspicion as to the authenticity of crime thus causes major hamper in getting justice.
Any Delay has to be adequately explained.
Duration of investigation should not be more than seven day as per verdict of Supreme Court. And if there is further delay then it has to be reasonably justified.
JURISDICTION
The jurisdiction of FIR is within the state law.
Every Police station has got its own jurisdiction. FIR can be filed by police after assessing the location of crime and on whose jurisdiction the case will be filed. Due to lot of complain and misuse by Police and powerful corrupt people, Zero FIR concept is highly popular among People for prompt action and justice.
ZERO FIR
Zero FIR is a FIR that can be filed in any Police Station regardless of the place of incidence or jurisdiction. After investigation and filing with the magistrate the FIR is transferred to the Police Station having competent jurisdiction. Ordinary FIR is registered in Police Station having competent jurisdiction and the Ordinary FIR is given a serial number whereas the Zero FIR is registered in a Police Station who do not have the competent jurisdiction but Zero FIR is not numbered and later on the Zero FIR is transferred to the Police Station having competent jurisdiction where Zero FIR gets numbered and further acted upon [Clause (e) of Section 460 of the Criminal Procedure Code].
REFUSAL TO RECORD FIR
If the Officer in charge of the police station refuses to record the information, person can directly write to the Superintendent of Police (SP) and records the complaint. The SP can start the investigation himself or direct any other official subordinate to him to start the investigation.
Supreme court has passed a verdict that if police officer refuse to file FIR then police department has to take Disciplinary action against them and also prosecute them under Indian Penal Code
Individual can go to Human Rights Commission also.
REGISTRATION IN CASE OF WOMAN
In order to simplify the process of FIR for woman and ensure no technical hazards for prompt registration.
The victim can lodge FIR in any police station of the State and subsequently it can be transferred to the concerned PS for investigation. These FIR are called Zero FIR
Under Section 154 of Criminal Penal Code provides that information pertaining to offences given by woman victims shall be recorded by a woman Police officer or any woman Officer.
As per Police Circular Order 343/13 regarding standard operating procedure (SOP) for registration of FIR and Investigation of Crime against Woman & Police Circular Order 338/13 regarding prompt investigation of cases in case of woman has been issued by the Government.
DO’S & DON’T’S WHILE FILING FIR
DO’S
Brief detail of the incident or crime
Name ,age ,occupation and address of the aggrieved person
Person against whom complaint is filed
Eye Witness
DONT’S
Never give false information to the police .Police can take against you under Section 203 of Indian Penal Code, 1960
