FIR ( First information report)
By Nishil kaushal
First info Report (FIR) may be a piece of writing ready by the police once they receive any info concerning the commit of a cognoscible offence, it should run to police by victim, his/her legal representatives or the other person having data that a cognoscible offence has been committed.
The definition for the primary info Report (FIR) is outlined underneath section 154 within the Code of Criminal Procedure (CrCP).
Which is as follows:
“Every info about the commission of a cognoscible offence, if given orally to a politician accountable of a station, shall be reduced to writing by him or underneath his direction, and be scan Over to the informant; and each such info, whether or not given in writing or reduced to writing as said, shall be signed by the person giving it, and therefore the substance therefrom shall be entered in a very book to be unbroken by such officer in such kind because the government might bring down during this behalf”.
A first info report (FIR) is that the initial step in a very criminal case recorded by the police and contains the fundamental data of the crime committed, place of incident, time of commission, date, UN agency was victim and defendant etc.
Main plan of lodging a primary info Report (FIR) from the purpose of read of the police is to accumulate information of the supposed offence to follow the offender or defendant one who committed the offence. what is more, per the attitude of the witness or informant is to urge the legal code in motion and to get info concerning the alleged criminal.
To inform the adjudicator and therefore the district SP UN agency area unit accountable for the peace and safety of the district, of the offences reported at the station.
To make legendary to the judicial officers before whom the case is ultimately tried, what area unit the facts given out now once the prevalence and therefore the materials on the premise of that the investigation commenced.
An FIR will solely be lodged just in case of cognoscible offence, no FIR will be lodged just in case of non-cognizable offences. just in case of non-cognizable offences only 1 cognoscible report that is additionally called NCR will be lodged.
Statutory Remedies
Under section 154(3) CrPC:
When AN informant’s right to register AN FIR is refused, he/she will approach the Superintendent of Police and submit the substance of such info in writing by post. If the Superintendent of Police is glad that such info discloses the commission of a cognoscible offense then, he would possibly investigate the case himself or direct AN investigation to be created by any law officer subordinate to him.
Under section 156(3), scan with section a hundred ninety (CrPC):
If AN informant remains unhappy even once following the remedy underneath section 154(3), he/she will additional pursue the remedy mentioned underneath section 156(3) scan with section a hundred ninety (CrPC).
Importance of initial info Report (FIR)
The importance of of the primary info lies in many reason.
It is an announcement created shortly once the prevalence therefore the memory of the informant is recent
It is unlikely that informant had opportunities of fabrication.
It is basis of the case.
It puts the police in action.
It represents the case originated by the informant at that point.
The FIR is incredibly valuable document for being thought of in reference to the prevalence. It offers initial impression of prosecution case and if spontaneous and simple goes an extended manner in carrying conviction. wherever the FIR that associated with charge of criminal conspiracy was necessitated by the police.
