Facts you must know about FIR before you enter a police station.
By Sumit Nagpal
For a journo covering Judiciary, its a very very common thing that people approach you saying the police is not lodging their FIR. I have come across numerous cases, where people are ill treated by the police stations and FIRs are refused. And since last three days, there is a campaign on Twitter about the mysterious death of one Naina Singh of Ghaziabad. Her mother is crying foul over her death and the police is not ready to lodge FIR. This prompts me to write a blog on things you must know before entering a police station in such a case.
What is FIR?
FIR stands for first information report. It is a document providing the basic information that a cognizable offense has been committed. We must know that FIR is not a conclusive proof that a person has committed an offense. FIR is the starting point of the investigation in a particular offense.
What is the law on FIR?
FIR is governed by Section 154 of the Criminal Procedure Code.
According to Section 154, (1) Every information relating to the commission of a cognizable offense, 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 informants 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. (2) A copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, to the informant. (3) 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 sub-section (1) 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 offense, 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.
Is a police officer duty bound to lodge FIR in every case?
The police officer is duty bound to lodge FIR in every cognizable case. And if a police officer gets a complaint from an aggrieved person about the cognizable offense, he must lodge a FIR. And if a police officer refuses to do so, one must approach the SP of the concerned area that a police officer has refused to lodge FIR.
What does it mean if the police officer takes your complaint and gives you an acknowledgement? Does it mean FIR has been lodged?
No, it doesn't mean that the FIR has been lodged. It just means that the police officer has received a complaint and the police will see if a cognizable offense has been committed or not?
How will you get to know that your FIR has been lodged or not?
If a FIR has been lodged, the police officer concerned shall write in their prescribed performa in a form or in computer as the case may be. They will also write the relevant sections and the name of the accused persons if any of them are known to the complainant. The FIR shall also contain a reference number containing the year also.
Can your complaint be FIR?
Yes! Your complaint can also be FIR provided they have written down the contents of your complaint in their prescribed performa. Please remember that mere acknowledgment of receiving your complaint doesn't automatically converts it into FIR.
Is it your right to get a copy of FIR?
Yes! Its your right to get a copy of your FIR free of cost from the police
Should FIR be lodged ASAP? What will happen if there is a delay in filing FIR?
Yes, FIR must be lodged as soon as possible. If there is a delay in filing the FIR, it will help the accused because the accused shall get time to destroy the evidence, there shall be a problem in locating the witnesses and during the trial, the defense lawyer will make an allegation that FIR is an after thought.
Why they refuse to file FIR?
There are few reasons the police refuses to lodge FIR like the offense is not a cognizable offense. Sometimes they want to keep the crime graph low so if they don't lodge FIR, it will not show in the crime statistics in the area. Many a times, a party bribes police officers and that's why they refuse to lodge FIR. In most of mobile theft cases, it is a common practice that police does not register a FIR but registers a NCR so the graph of theft remains low.
What should you do if the police officer refuses to lodge a FIR?
If the police refuses to lodge FIR, don't think that this is the end of the road. The Criminal Procedure Code has a provision under section 156(3) where an aggrieved person may file a petition before the magistrate asking for a direction to the police to lodge a FIR.
(Note : This is part I of Law on FIR. In next blog I will tell you the difference between FIR, NCR and complaint. I will also write what is a cognizable offense and what is non cognizable one.)
By Sumit Nagpal
For a journo covering Judiciary, its a very very common thing that people approach you saying the police is not lodging their FIR. I have come across numerous cases, where people are ill treated by the police stations and FIRs are refused. And since last three days, there is a campaign on Twitter about the mysterious death of one Naina Singh of Ghaziabad. Her mother is crying foul over her death and the police is not ready to lodge FIR. This prompts me to write a blog on things you must know before entering a police station in such a case.
What is FIR?
FIR stands for first information report. It is a document providing the basic information that a cognizable offense has been committed. We must know that FIR is not a conclusive proof that a person has committed an offense. FIR is the starting point of the investigation in a particular offense.
What is the law on FIR?
FIR is governed by Section 154 of the Criminal Procedure Code.
According to Section 154, (1) Every information relating to the commission of a cognizable offense, 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 informants 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. (2) A copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, to the informant. (3) 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 sub-section (1) 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 offense, 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.
Is a police officer duty bound to lodge FIR in every case?
The police officer is duty bound to lodge FIR in every cognizable case. And if a police officer gets a complaint from an aggrieved person about the cognizable offense, he must lodge a FIR. And if a police officer refuses to do so, one must approach the SP of the concerned area that a police officer has refused to lodge FIR.
What does it mean if the police officer takes your complaint and gives you an acknowledgement? Does it mean FIR has been lodged?
No, it doesn't mean that the FIR has been lodged. It just means that the police officer has received a complaint and the police will see if a cognizable offense has been committed or not?
How will you get to know that your FIR has been lodged or not?
If a FIR has been lodged, the police officer concerned shall write in their prescribed performa in a form or in computer as the case may be. They will also write the relevant sections and the name of the accused persons if any of them are known to the complainant. The FIR shall also contain a reference number containing the year also.
Can your complaint be FIR?
Yes! Your complaint can also be FIR provided they have written down the contents of your complaint in their prescribed performa. Please remember that mere acknowledgment of receiving your complaint doesn't automatically converts it into FIR.
Is it your right to get a copy of FIR?
Yes! Its your right to get a copy of your FIR free of cost from the police
Should FIR be lodged ASAP? What will happen if there is a delay in filing FIR?
Yes, FIR must be lodged as soon as possible. If there is a delay in filing the FIR, it will help the accused because the accused shall get time to destroy the evidence, there shall be a problem in locating the witnesses and during the trial, the defense lawyer will make an allegation that FIR is an after thought.
Why they refuse to file FIR?
There are few reasons the police refuses to lodge FIR like the offense is not a cognizable offense. Sometimes they want to keep the crime graph low so if they don't lodge FIR, it will not show in the crime statistics in the area. Many a times, a party bribes police officers and that's why they refuse to lodge FIR. In most of mobile theft cases, it is a common practice that police does not register a FIR but registers a NCR so the graph of theft remains low.
What should you do if the police officer refuses to lodge a FIR?
If the police refuses to lodge FIR, don't think that this is the end of the road. The Criminal Procedure Code has a provision under section 156(3) where an aggrieved person may file a petition before the magistrate asking for a direction to the police to lodge a FIR.
(Note : This is part I of Law on FIR. In next blog I will tell you the difference between FIR, NCR and complaint. I will also write what is a cognizable offense and what is non cognizable one.)
very informative sir. Looking fwd to next blogs.
ReplyDeleteImpressed.I doubt if many people were aware of this.I wasnt
ReplyDeletewe have lodge the complaint regarding our bike which has been stolen, FIR is also done. still we have not heard anything from the police. after so many followups also polices are not responding properly.
ReplyDeletewhat i can do now. plzzzzz suggest me..
As you know F I R lodgment is a problem in India and persons are suffering since long as they are unable to furnish F I R on the loss of any important documents like Share Scripts, Land Deed, House/ Flat Ownership Papers etc. as many a times these documents are misplaced by them or they lose it while travelling, shifting house etc. Even we have observed instances where it gets stolen while travelling and people don't know the procedures upfront. Hence Govt. of India should waive this and provide relief. In case total waiver is not possible i.e. in all the cases then this waiver should be provided where any release of documents [ such as Share Scrip, Land Deed etc.] authorities require notarised Indemnity Bond on stamp Paper , notarised affidavit on Stamp Paper etc. besides F I R
ReplyDeleteI emphasis a simple self-declaration of loss should be made sufficient instead of FIR and for this purpose a new petition has been created which I trust you will go thru and put your sign. in support as this issue is very important to we all, and together we can somethig about it besides people like your stature can play a helping hand to sufferers like us.
Read more about it and sign it here:
1] Respected Prime Minister of India : Indemnity inplace of FIR on loss of important documents: Self-declaration of loss should be made sufficient instead of FIR
2] Kind Attn.: Hon. Prime Minister of India: Indemnity instead of FIR on lose of imp documents
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Kind Attn.: Hon. Prime Minister of India: Indemnity inst...
As you know lodging FIR is a problem in India and citizens are suffering since long as they are unable to furnish FIR on the loss of any important document...
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Respected Prime Minister of India : Indemnity inplace of FIR on loss of important documents: Self-de...
As you know lodging FIR is a problem in India and citizens are suffering since long as they are unable to furnish FIR on the loss of any important documents like Share Scripts, Land Deed, House/ Flat Ownership Papers etc. as many a times these documents are misp...
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Further I believe campaigns like this always start small, but they grow when people like us get involved -- please take a second right now to help out by signing and passing it on to all known fellows either thru Twitter OR pasting over your FB page.
More input will be submitted if asked for.
We trust you being highly qualified person [ understand problem involved ] - will extend your co-operation as requested and also raise it not only at appropriate forum but also forward to all your contacts as well as right authority as the present regime who also holds same views and in some cases started self-attestation/ declaration sufficient i.e. providing relief.
With great expectation awaiting your initiation
G D Binani
9829129011
add case laws please
ReplyDeleteCould you please give me the link of the post, which you mentioned in this Post : In next blog I will tell you the difference between FIR, NCR and complaint. I will also write what is a cognizable offense and what is non cognizable one
ReplyDeleteThis comment has been removed by a blog administrator.
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