Facts you must know about FIR before you enter a police station.
Its a very very common thing that people say the police is not lodging their FIR. In past few days i have come across many cases, where people are ill treated by the police stations and FIRs are refused. 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 NC 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.
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 NC 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.
Cognizable offence:
1. Meaning: Cognizable = able to be apprehended.
2. Definition: S.2. (c) (Cr.P.C.) “Cognizable offence” means an offence for which, and “cognizable case” means, a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time bell in force, arrest without warrant.
3. Illustrations of Cognizable offences:
a. Murder -S. 302 IPC.
b. Dowry death – 304-B IPC.
c. Kidnapping-363 IPC.
d. Unnatural offences – 377 IPC.
e. Theft – 379 IPC.
f. Rape-376 IPC.
g. Criminal Breach of Trust – 406 IPC. Etc.
4. Cognizable offences are usually serious in nature. See above illustrations. (For full details the student is advised to see First Schedule of Cr.P.C.)
5. Sec. 154 Cr.P.C. provides that the Police Officer has to receive FIR relating to cognizable offences without Magistrate’s permission, and enters it in General Diary and immediately starts investigation.
6. The Police may arrest the accused, in cognizable offence without warrant.
7. In cognizable offences, police has a duty to investigate the case without seeking permission from the Magistrate.
Non-Cognizable offence:
1. Meaning: Non-Cognizable = not able to be apprehended.
2. Definition: S.2.(1) (Cr.P.C.) “Non-Cognizable offence” means an offence for which and “Non-Cognizable Case” means a case in which, a police officer has no authority to arrest without warrant.
3. Illustrations of Non-Cognizable offence:
a. Giving false evidence – S. 193 IPC.
b. Voluntarily causing hurt 323 IPC
c. Assault – 352 IPC
d. Cheating-417 IPC
e. Forgery – 465 IPC
f. Adultery-497 IPC
g. Defamation – 500 IPC etc.
4. Non-cognizable offences are not so much serious as cognizable offences. See above illustrations.
5. Sec. 155 Cr.P.C. provides that the police officer is not competent to receive and record FIR pertaining to the offence of non-cognizable offences, unless he obtains permission from the Magistrate.
6. In non-cognizable offences, the police cannot arrest any person without warrant.
7. In non-cognizable offence, police has a duty to obtain permission first from the Magistrate and then investigates the case
Compiled by:
Isha R Ganatra
