What is FIR? When is the FIR done? and Where FIR is done? and most importantly, if the Police do not register your FIR, then what is measures do you have for it? The long-form of FIR is First Information Report and in Hindi, it is called Pratham Suchana Vivaran. It is also very important to know that, whether there is an FIR in each case?
so, first of all, it is important to know that there are two types of crimes/offences:
- Cognizable offences: Generally, cognizable offence means an offence in which a police officer has the authority to make an arrest without a warrant and to start an investigation with or without the permission of a court. Cognizable offences are those offences that are serious in nature. Example- Murder, Rape, Dowry Death, Kidnapping, Theft, Criminal Breach of Trust, Unnatural Offences.
- Non-cognizable offences: A non-cognizable offence is the offence listed under the first schedule of the Indian Penal Code and is bailable in nature. It is less serious in nature, In the case of a non-cognizable offence, the police cannot arrest the accused without a warrant as well as cannot start an investigation without the permission of the court. The crimes of forgery, cheating, defamation, public nuisance, etc., fall in the category of non-cognizable crimes., cheating, defamation, public nuisance, The crimes of forgery, cheating, defamation, public nuisance, etc., fall in the category of non-cognizable crimes. etc., fall in the category of non-cognizable crimes.
If there is a Cognizable offence that has happened somewhere, then its information should be given to the police immediately, whatever Police Station is around you or the place where the incident happened, whatever Police station is nearby, go and can give information about the crime to that Police Station, and as soon as the police get information about the crime, the police register it in the FIR. For this, provision has been given in Section 154 of The Code of Criminal Procedure.
Generally, people think that FIR should be done only where the crime has taken place, FIR should be done in the Police Station in whose area the crime has taken place but remember it is not like that at all. Here I would like to put your attention on the most important thing that if you have knowledge of any crime or if you yourself are a victim, then you can go to any Police Station and can register the FIR. And if the information about the crime has been given to the Police, then the job of the Police is to register that crime in the form of an FIR.
- ZERO FIR
Even if the crime is not committed in the area of that Police Station, after that also the Police can note/register the FIR of that crime through the information of someone in their Police Station or the Police themselves come to know that crime. This FIR is called ZERO FIR. Police will register such an FIR and send it to that Police Station in whose area the crime has taken place(happened) or comes.
How will the common man knows whether the crime is Cognizable or Non-cognizable? so there is a provision for this in Section 155 of CRPC. And to understand, which crime is cognizable and which crime is non-cognizable we need to refer the Schedule I of CRPC. Someone went to the Police Station and told the Police that this crime has happened and if Police think that this crime is Non-cognizable then the Police will note it in NCR Register. From this, we understand that the Police has two registers to note the crime, FIR and NCR. if the crime is Cognizable, then the Police will register it in FIR Register and if the crime is Non-cognizable then Police will register it in NCR Register. And if the crime is non-cognizable then the Police will suggest that person that you go to Honourable JMFC and complain about the crime. yes, you can directly file a complaint by going to the magistrate(after going up to the Police ) it’s provision has been given in Section 2D of the CRPC.
Section 2(d) in The Code Of Criminal Procedure, 1973
(d) ” complaint” means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report. Explanation.- A report made by a police officer in a case which discloses, after investigation, the commission of a non-cognizable offence shall be deemed to be a complaint; and the police officer by whom such report is made shall be deemed to be the complainant;
We have two types of complaints, 1. oral complaint, 2. written complaint. A complaint can be made orally/written to the Police but a complaint can be made in writing to a magistrate. Police can’t pressurize you to give a complaint in writing. ( section 154 of CRPC )If you go to a Police Station with your oral complaint, it is the job of the Police, the job of in charge to note your complaint in the register, and then read it out to you and if you say yes, that’s what I said and what you wrote is correct, after that, your signature is taken on it. and if you want any change in it you can demand it. or you own can give complaint in writing and whatever you write in it same should be write in FIR register. U/S 154 it is your/complainant right to get a copy of FIR free of cost. And IPC Sections are recorded in FIR would have been written, if it is not then your FIR has not been registered.
What is the remedy if a Police officer does not register your FIR?
If FIR is not registered then you have to remedy U/S 154(3) of CRPC – You can complain to the SP of the concerned Police Station that, I had gone to the Police Station at this time and the concerned Police officer did not register my FIR.
Section 154(3) of CRPC:-
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 (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 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.
This is all about First Information Report, after that you hardly have any question about FIR.