Know The Law
What is an FIR?
4.1. Q. What is the difference between a police complaint and an FIR?
4.2. Q. What is the Process of Filing an FIR?
4.3. Q. Where can an FIR be lodged?
FIR stands for First Information Report. FIR (hereinafter called ‘First Information Report’) is a written document prepared by a Police officer based on information about the commission of a cognizable offence. As the name suggests, FIR is the first information that reaches the Police after committing an offense. In ordinary terms, it is a complaint lodged with the Police by an aggrieved of a cognizable offence or any other person who has information about the commission of the offence.
Moreover, anyone can lodge about the commission of a cognizable offence either orally or in writing to the Police, and one can also render such information over the telephone. The person giving information is called the ‘informant’. However, an FIR is a procedural provision incorporated in Section 154 of the Code of Criminal Procedure, 1973 (hereinafter called CrPC).
Role & Importance of FIR in Criminal Investigations.
The main goal of an FIR is to set the criminal law in motion and to gather information regarding alleged illegal behavior so that appropriate steps can be taken to track down and prosecute the perpetrators. As a result, Sec. 154 has three objectives:
- To notify the Magistrate and the District S. P., who are in charge of the district's peace and safety, of the crimes recorded at the police station;
- To inform the judicial officers who will ultimately hear the case what information was released immediately after the occurrence and what documents were used to begin the inquiry,
- To protect the accused from future modifications or any other additions.
Types of FIR
There are various types of FIR. The following are some of the most important ones:
General FIR
A general FIR is one filed by the aggrieved party or the first party against another party in a general transaction at the nearest police station.
Zero FIR
Zero FIR is given the number "0" (zero) instead of a serial number, hence the name. It is recorded regardless of the location where the crime was committed. After registering a Zero FIR, the police station transmits it to the jurisdictional police station where the offense took place. When the appropriate police station receives the Zero FIR, it is assigned a serial number and turned into a regular FIR. Know More about Zero FIR.
Cross FIR
The other party (accused) may file an FIR against the complainant after the FIR is filed. This is called a cross FIR or counter FIR.
The filing of the counter FIR may be motivated by personal animosity or any malicious purpose to perplex the Court, or it may be used as a weapon to negotiate a future settlement and entice the complainant to retract the initial FIR.
Multiple FIR
Multiple FIR is when aggrieved parties file multiple FIRs with the same cause of action. Multiple FIRs will be submitted only if the subsequent informer accounts for a completely new version of the alleged occurrence.
Who can lodge an FIR?
When a crime occurs, the first step is to contact the police. From the moment of the incident, an FIR should be filed as soon as possible. A delay in doing so may need to be adequately justified. If there is a significant delay in registering an FIR with no plausible reason, there may be suspicion (that it is an afterthought or a manufactured version).
Below are individuals who can lodge an FIR:
- Relatives, friends, or acquaintances of the victim can lodge an FIR if they possess information about a cognizable crime.
- Individuals with information about a crime that has occurred or is about to occur have the right to file an FIR.
- The police officer in charge is obligated to file an FIR upon receiving information about a cognizable offense, regardless of the source.
- Police officers themselves can initiate an FIR if they independently learn about a cognizable offense, ensuring prompt action in the interest of justice.
Frequently Asked Questions About FIR
Q. What is the difference between a police complaint and an FIR?
A police complaint is a general report made to the police, while an FIR is a formal document specifically for serious crimes, initiating legal proceedings and police investigations. For a more detailed explanation, you can read the article here.
Q. What is the Process of Filing an FIR?
To file an FIR (First Information Report), one must visit the nearest police station and provide details of the incident, including date, time, location, and nature of the crime. The police will then register the FIR and initiate an investigation based on the information provided.
For a detailed guide on how to file an FIR, including the necessary steps and procedures, you can read our blog post: How Do I File an F.I.R. (First Information Report).
Q. Where can an FIR be lodged?
FIRs can be lodged at any nearby police station where the incident occurred. If the incident happened across different areas, you can file it at any of the relevant police stations.
Q. Can an online FIR be filed?
Yes, FIR can be filed online in India through designated portals or mobile applications in some states. These online FIRs are legally valid and hold the same weight as FIRs filed at police stations.
Q. What happens after an FIR is filed?
After an FIR is filed, the police commence an investigation into the reported offense. They may collect evidence, interview witnesses, and pursue suspects. The FIR serves as the foundation for subsequent legal proceedings, including arrests and court trials.