Question

explain the concept of F I R

Answer 1

First Information Report FIR is a written document prepared by the police when they receive information about the commission of cognizable offence

Answer 2

What is an FIR?
First Information Report (FIR) is a
written document prepared by the
police when they receive information
about the commission of a
cognizable offence. It is a report of
information that reaches the police
first in point of time and that is why
it is called the First Information
Report.
It is generally a complaint lodged
with the police by the victim of a
cognizable offence or by someone
on his/her behalf.
Anyone can report the commission
of a cognizable offence either orally
or in writing to the police. Even a
telephonic message can be treated
as an FIR.
Why is FIR important?
An FIR is a very important
document as it sets the process of
criminal justice in motion. It is only
after the FIR is registered in the
police station that the police takes
up investigation of the case.
Who can lodge an FIR?
Anyone who knows about the
commission of a cognizable offence
can file an FIR. It is not necessary
that only the victim of the crime
should file an FIR. A police officer
who comes to know about a
cognizable offence can file an FIR
himself/herself.
You can file an FIR if:
* You are the
person
against
whom the
offence
has been committed;
* You know yourself about an
offence which has been
committed;
* You have seen the offence
being committed.
What is the procedure of
filing an FIR?
The procedure of filing an FIR is
prescribed in Section 154 of the
Criminal Procedure Code, 1973.
* When information about the
commission of a cognizable
offence is given orally, the police
must write it down.
* It is your right as a person giving
information or making a
complaint to demand that the
information recorded by the
police is read over to you.
* Once the information has been
recorded by the police, it must
be signed by the person giving
the information.
Cognizable Offence
A cognizable offence is one in
which the police may arrest a
person without warrant. They are
authorised to start investigation
into a cognizable case on their
own and do not require any
orders from the court to do so.
Non-cognizable Offence
A non-cognizable offence is an
offence in which a police officer
has no authority to arrest without
warrant. The police cannot
investigate such an offence
without the court's permission.
The police may not investigate a
complaint even if you file a FIR,
when:
(i) The case is not serious in
nature;
(ii) The police feel that there is
not enough ground to
investigate.
However, the police must record
the reasons for not conducting an
investigation and in the latter
case must also inform you.
—[Section 157, Criminal Procedure
Code, 1973]
* You should sign the report only
after verifying that the
information recorded by the
police is as per the details given
by you.
* People who cannot read or write
must put their left thumb
impression on the document
after being satisfied that it is a
correct record.
* Always ask for a copy of the FIR,
if the police do not give it to you.
It is your right to get it free of
cost.
What should you mention in
the FIR?
* Your name and address;
* Date, time and location of the
incident you are reporting;
* The true facts of the incident as
they occurred;
* Names and descriptions of the
persons involved in the incident;* Witnesses, if any. Police & Inspector General of
Police and bring your complaint
to their notice.
* You can send
your complaint
in writing and
by post to the
Superin-
tendent of
Police concerned. If the
Superintendent of Police is
satisfied with your complaint, he
shall either investigate the case
himself or order an investigation
to be made.
* You can file a private complaint
before the court having
jurisdiction.
* You can
also make
a complaint
to the State
Human
Rights
Commission
or the National Human Rights
Commission if the police does
nothing to enforce the law or
does it in a biased and corrupt
manner.
Things you should NOT do:
* Never file a false complaint or
give wrong information to the
police. You can be prosecuted
under law for giving wrong
information or for misleading the
police.
—[Section 203, Indian Penal
Code 1860]
* Never exaggerate or distort
facts.
* Never make vague or unclear
statements.
What can you do if your FIR
is not registered?
* You can
meet the
Superin-
tendent of
Police or
other higher
officers like
Deputy Inspector General of
About CHRI
The Commonwealth Human Rights
Initiative (CHRI) is an international,
independent non-profit organisation
headquartered in India. Its objectives are
to promote the practical realisation of
human rights in the Commonwealth.
CHRI educates on human rights issues
and advocates for greater adherence to
human rights standards.
Presently it is working in the following
areas:
J Police Reforms
J Prison Reforms
J Human Rights Commissions
J Right to Information
J Human Rights Advocacy
J Constitutionalism
J Biennial Report to the Commonwealth