Filing an F.I.R. (First Information Report) is the first step in reporting a crime to the police. It's like filling out a form with important details about what happened. This guide will help you understand how to do it and why it's important. Whether you're a victim or a witness, knowing how to file an F.I.R. is essential for getting help and making sure justice is served. Let's go through the steps together to make it easier for you to report incidents.
Conditions that must be met to file FIR:
The following requirements must be met to qualify as an FIR under Section 154:
- It is information on the commission of a criminal offence;
- It is provided orally or in writing by the informant;
- It should be reduced to writing by the officer in charge of a police station or under his direction if presented orally, and it should be signed by the person giving it if delivered in writing or reduced to writing
- The substance of the information shall be recorded in a book in the manner prescribed by the State Government. ('General Diary')
- There must be something in the form of a complaint or accusation regarding the occurrence of a cognizable offence for the information to be classified as an FIR
Step-by-step procedure to file an FIR in the Police Station
To file an FIR at the police station, consider the following steps.
Step 1: Visit the Nearest Police Station
Head to the nearest police station and narrate the details of the situation to the officer on duty. You can verbally explain what happened or write down the information yourself. The officer will inquire about crucial details including the date, time, location, nature, description, witnesses, accused individuals, and evidence related to the offense committed.
Step 2: Recording the Information by Police Officers
Once you've provided all the necessary details, the police officer will record the information or your complaint. You have the right to request that the information be accurately recorded, and you should carefully review it to ensure accuracy before signing any documents.
Step 3: Verify and Sign the Report
Before signing the report, carefully verify that the information recorded by the police officer matches the details provided by you.
Ensure that the information below has been mentioned
- Whether the informant is an eyewitness or evidence obtained through hearsay.
- Cognizable offence nature.
- The accused person's name and a comprehensive description (entire physical description).
- The victim's name and identity (if aware).
- The occurrence's date and time.
- The location of the crime.
- If the crime was committed for a specific reason (if aware).
- How the crime was perpetrated (description of the actual occurrence of the crime).
- The name and address of the crime witness.
Your signature confirms the accuracy of the information provided.
Step 4: Request a Copy of the FIR
request a free copy of the FIR from the police station where you filed it. Ensure you obtain the FIR number, date of filing, and the name of the police station for your records. This information is crucial for future reference and legal proceedings, if necessary.
Things to check while reviewing the written FIR:
The FIR shall contain the below-mentioned information by the informant:
- Name and address of the informant.
- Date, time, and location of the happening of the incident.
- The well-known facts of the incident, or if the informant has witnessed such commission then, the proper sequence of the commission of the offense.
- Names and the description of the persons involved in the incident, if known. In case of no information about the person involved, the FIR can be lodged in the name of "unknown."
The FIR may be filed at the Police Station in whose territorial jurisdiction the commission of the offense occurred. However, it can be filed at any Police Station, but such Police Station shall pass the information to the Police Station in whose territorial jurisdiction the matter lies.
Whatsoever, one should not make false complaints or make wrongful implications in the information. It may amount to an offense envisaged in Section 203 of the Indian Penal Code,1860 of misleading or giving false information about an offense committed. The exaggerated facts and unclear information must be prohibited while recording the FIR.
If the Police officer denies lodge the FIR, the person with such information can seek the help of the Superintendent of Police or other officers with higher ranks. Moreover, the person with such information can write the same and send it through the post to the Superintendent of Police.
The investigation may be done, subject to the satisfaction, by the Superintendent of Police himself, or he may appoint an officer for the same. If someone is aggrieved by the denial of lodging an FIR, he can apply to the State Human Rights Commission or the National Human Rights Commission since the Police might be acting in favor of kickbacks. However, a complaint can also be filed before a Court of appropriate jurisdiction.
Conclusion
In simple words, FIR filing procedures are like the first steps in unraveling a crime story. They initiate investigations and ensure fairness in the process. Learning about different offenses and FIRs is like being a lookout for justice in our community, making it a safer place for everyone.
Frequently Asked Questions about FIR Filing Procedure
Q. Who can Register FIR?
The FIR can be registered by anyone who knows about a committed crime. The complaint authority is not restricted to the victim. Even the police can suo motu file an FIR against a crime.
Q. What are the next steps after the FIR has been lodged?
After filing the FIR, the next steps include commencing an investigation, which involves gathering evidence, questioning witnesses, inspecting the crime scene, conducting forensic testing, and recording statements.
Q. What to do if the police refuse to register the FIR?
If the police refuse to register an FIR at a police station, the individual can submit a written complaint to the concerned Superintendent of Police. This complaint will be recorded and investigated accordingly.
Q. Can an FIR be withdrawn in India?
Yes, it is possible to withdraw an FIR in India. Read more about the process here: How to Withdraw an FIR in India.
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Author: Shweta Singh
