How to file an FIR

INTRODUCTION

What is FIR?

FIR can be expanded as first information report. When someone gives information of a crime to a police officer and the police official notes it down then it is called as first information report. FIR consists of the information related to a crime which has happened or is going to happen is a part of the FIR.

All the provisions related to FIR, are there in section 154 of CRPC.  As FIR is first step towards any sort of criminal activity. It triggers the criminal justice machinery of the state into the motion. If you want to report a crime and initiate criminal proceedings by the police, the first step is to file an FIR.

The FIR should be based upon a factual happening to which the informant is a witness or should be based on some evidence which informant has.  It should not be based upon vague or hearsay communication which the informant may have received.

How to File/lodge FIR?

  • To file an FIR, one should go to the nearest police station.
  • At the police station, whoever is the station in charge officer we will share the complaint to him.
  • The station in charge officer will note down the complaint, in the register and the complaint will be register.
  • Please ensure that you take the copy of FIR.

For what kind of crimes FIR can be registered?

An FIR can be registered for cognizable offences. All the crimes are divided into two categories, Cognizable and non-cognizable offences.

A cognizable offense is one where the police is empowered to arrest without a warrant can carry out the investigation without orders from a magistrate. A non-cognizable offense is one where the police require orders from the magistrate to investigate, and a warrant from the magistrate to arrest.

Under the criminal procedure code, 1973, offenses which are punishable with imprisonment for less than three years are listed in the first schedule to the code of criminal procedure 1973 as non-cognizable offence, while those are punishable with imprisonment of 3 years are greater are cognizable.

Rights of the Informant

The informant (and whomever he/she implicates) is entitled to a free copy of the FIR from the police station. No money is required to be paid while filing the FIR or to obtain a copy of the same. It is advisable to retain the copy of the FIR, and particularly, note the FIR number, dand police station where it was recorded, since this may help for future reference. The format in which the FIR is recorded varies from state to state. However, it contains certain details which are common.

Procedure To file an FIR.

Dhruv Tomar

Lexcliq

 

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