LEGAL EXPLAINER | HOW TO FILE AN FIR ?

Ajuni Bedi

1 year ago

FIR (First Information Report) is a key document that starts the criminal justice process in India. It is prepared by the police when they receive information about a cognizable offence. An FIR is crucial as it ensures that the police take up the investigation of a case. It’s essentially the first official report about a crime and serves as the foundation for further legal action. Understanding what an FIR is and how it works empowers you to seek justice effectively and ensures your voice is heard.

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NEW DELHI: FIR (First Information Report) is a key document that starts the criminal justice process in India. It is prepared by the police when they receive information about a cognizable offence. An FIR is crucial as it ensures that the police take up the investigation of a case.

It’s essentially the first official report about a crime and serves as the foundation for further legal action.

Understanding what an FIR is and how it works empowers you to seek justice effectively and ensures your voice is heard.

WHAT IS AN FIR ?

A First Information Report (FIR) is a written document prepared by the police upon receiving information about the commission of a cognizable offence.

“It serves as the initial report of information reaching the police and is termed the ‘First Information Report’ for this reason.“

Typically, an FIR is filed by the victim of a cognizable offence or someone acting on their behalf. Any individual can report such an offence, either orally or in writing.

Although the term “FIR” is not explicitly defined in the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), 1973, or any other law, police regulations and rules refer to information recorded under Section 154 of the CrPC as an FIR.

An FIR has three essential components:

The information must pertain to the commission of a cognizable offence.
It should be provided either in writing or orally to the officer in charge of a police station.
The information must be documented, signed by the informant, and its key details should be entered into the daily diary.

HOW TO FILE AN FIR

Filing an FIR may seem complicated, but it’s an important step if you’ve been a victim of a crime or seen one happen. An FIR is like a formal complaint to the police, and it starts the process of investigating the crime. Following are the steps to be followed for the filing of FIR:

Know What an FIR Is

An FIR is a written report to the police about a crime. This report is essential because it helps the police understand the situation and begin their investigation.

Go to the Police Station

If a crime happens, the first thing to do is visit the nearest police station. It’s like going to tell your story to the people who can help – the police. If the crime took place in a specific area, go to the police station in that area.

Talk to the Police Officer on Duty

When you reach the police station, find the duty officer or the person in charge. It’s like speaking to the head of the police team in that station. Stay calm and explain what happened. Don’t worry; they are there to assist you.

Give Important Details

The police need to know exactly what happened, so share all the details you can. When it happened, where it happened, and what took place – these are like pieces of a puzzle that help the police understand the complete picture.

Provide Your Information

The police will ask for your details, such as your name, address, contact number, and what you do. Think of it as introducing yourself so they can stay in touch. If you are reporting on someone’s behalf or are a witness, provide their details as well.

Write It Down

The police will write down your complaint in their records. This is like putting your story on paper to keep it official. They might ask you to check the written report to ensure everything is correct. This document becomes your FIR.

Get a Copy of Your FIR

After the police write down your report, ask for a copy of the FIR. Think of it as your proof that you informed the police. Double-check the details, and if something is incorrect, inform the police immediately so they can fix it.

Follow Up with the Police

Filing the FIR is just the beginning. It’s like planting a seed; you need to follow up to see how it grows. Stay in touch with the police to know the progress of your case

Help the Police with More Information

If the police need additional details during their investigation, cooperate with them. It’s like being a good friend – the more you help, the better they can do their job. Your support makes their work more effective.

Seek Help if Needed

If you’re confused or unhappy with how your case is being handled, it’s okay to ask for help. Talk to a lawyer or someone knowledgeable about the law. “They can guide you on what should be the next step.”

WHAT HAPPENS WHEN THE POLICE OFFICER REFUSES TO FILE AN FIR

Under Section 154(3) CrPC,

“if the officer in charge refuses to register an FIR, the complaint can be sent to the Superintendent of Police (SP) or Deputy Commissioner of Police (DCP).”

If the SP/DCP is satisfied that the information shows a cognizable offence, they can:

Investigate the case themselves.
Order a subordinate officer to investigate.

If no FIR is registered:

The complainant can approach the court under Section 156(3) CrPC.
If the court is satisfied that a cognizable offence is made out, it will direct the police to register an FIR and investigate.

FIR UNDER THE NEW LAWS

The Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 has replaced the Criminal Procedure Code, 1973, introducing key changes, including the procedure for registering a Zero FIR. The procedure under the new laws is as follows:

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What is a Zero FIR?

A Zero FIR is registered at any police station, irrespective of territorial jurisdiction, and is later transferred to the relevant jurisdictional police station for investigation. This provision under Section 173 of BNSS 2023 ensures immediate action in cases of cognizable offences.

Step-by-Step Guide to Lodging a Zero FIR

Step 1: Lodging the Complaint

Approach Any Police Station: Complainants can visit any police station, regardless of the location of the offence (Section 173(1), BNSS).
Recording the Complaint: On receiving information about a cognizable offence committed outside their jurisdiction, the Station House Officer (SHO) or duty officer records the complaint in the Zero FIR register.
Mandatory Recording: The information can be given orally or via electronic communication. If given orally, it is reduced to writing, read back to the informant, and signed by them. For electronic communication, the complainant must sign within three days, and the details are recorded in the prescribed register.

Step 2: Special Provisions for Vulnerable Complainants

Complaints from women regarding offences under Sections 64-71, 74-79, or 124 of BNSS 2023 must be recorded by a woman officer.
For persons with physical or mental disabilities, the statement is recorded at their residence or a location of their choice in the presence of an interpreter or special educator. This process is video-graphed, and the statement is recorded by a Judicial Magistrate as soon as possible (Section 183(6)(a)).

Preliminary Enquiry

Under Section 173(3) of BNSS, for offences punishable with imprisonment between three to seven years:

Permission Required: Preliminary enquiries can only be conducted with prior approval from an officer of Deputy Superintendent of Police rank or higher.
Timeline: The enquiry must be completed within 14 days to establish a prima facie case.
Next Steps: Based on findings, the officer either proceeds with the investigation or closes the matter.

Registration and Copy to Complainant

Filing the Zero FIR: After completing the requirements under Section 173, the complaint is officially registered as a Zero FIR, with the FIR number prefixed by “Zero.”
Free Copy: A copy of the FIR is provided to the complainant or victim free of cost (Section 173(2), BNSS).
Initial Investigation: If necessary, preliminary investigations, such as medical examinations in cases like rape, are conducted.

Transfer of Zero FIR

Forwarding: The Zero FIR is sent to the police station with jurisdiction over the crime’s location.
Re-registration: The receiving station re-registers the FIR as a regular FIR in their records.
Assignment: The SHO assigns the FIR to an investigating officer for further action.

Investigation Procedure

Investigation Initiation: The assigned investigating officer conducts a detailed investigation following the standard procedures outlined in BNSS.
Updates to Complainant: Regular updates regarding the case are provided to the complainant to ensure transparency and accountability.

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PROCESS OF E-FIR REGISTRATION

The Bhartiya Nagrik Suraksha Sanhita ,2023 , provides for the following procedure for the registration of E-FIR:

Step 1: Initiating the Complaint

Online Submission: Log into the official police portal or send information electronically to the concerned police station.
Details Required: Provide personal details, incident information, and supporting documents or evidence.

Step 2: Verification and Preliminary Enquiry

Verification: The submitted e-FIR is reviewed by an investigation officer.
Enquiry: For offences punishable by 3–7 years, preliminary enquiry is conducted within 14 days after approval from a Deputy Superintendent of Police or higher authority (Section 173(3), BNSS).

Step 3: Registration within 3 Days

Electronic FIR: Complaints sent electronically must be signed by the complainant within three days to be officially registered.
Immediate Action: In urgent cases, the officer may register the FIR based on verified information.
Copy to Complainant: A copy of the registered FIR is provided free of cost (Section 173(2), BNSS).

ALSO READ: Ministry of Home Affairs Releases SOP for Zero FIR and e-FIR Filing Under BNSS

IMPORTANT HELPLINES FOR COMPLAINTS