Everything You Need To Know About FIR - Detailed Explanations (What Is FIR)

Imagine you witnessed a crime being committed or that you knew someone was going to commit a crime. As you are terrified and want to report the crime to the police so they can put an end to it or stop it from happening. Being a responsible citizen and human being, you believe it is your duty to report the crime and pursue legal redress. As seen in several TV shows and movies, reporting a crime just requires filing a First Information Report (FIR). However, it's not that simple; there are a number of prerequisites that must be met before submitting a formal complaint (FIR) and sometime police also refuses to lodge your FIR. This article will provide you with all the knowledge you need to understand FIR including what to do when police refuses to lodge an FIR.

Meaning of First Information Report

The Code of Criminal Procedure contains no definition for the word "First Information Report." Instead, the phrase has not been used outside of section 207, which mandates that the accused get a copy of the First Information Report that was submitted in accordance with section 154 (1) of the Code from the magistrate. The FIR, which provides details on the cognizable crime, is the report that the police first kept on file on the commission of a case that is subject to legal action.

It may be described as follows:

• It is a piece of information that the police officer receives
• It must be related to an offense that is punishable by law.
• Information is provided and a police complaint is filed by the victim of the crime or by someone acting on their behalf. This information is initially disclosed at a certain moment in time.

Family disputes, commercial offenses, matrimonial disputes, corruption cases, medical malpractice cases, and cases where there has been an abnormally long delay in starting criminal prosecution—more than three months—are among the cases in which a preliminary inquiry may be conducted and for which a Fir may be filed.

Who can lodge a FIR?

Anyone with information of the commission of a crime that is punishable by law may file a First Information Report (FIR). If you are the only victim of a crime, you do not have to file a First Information Report.

• If a policeman discovers a crime that can be prosecuted, he or she may file a formal complaint on their own
• The perpetrator of the offense
• The individual who observed the commission of the offense
• The person who is aware that the offense has been committed

Why FIR should be filed promptly?

The concepts of thoughtful consideration, spontaneity, and teamwork form the foundation of F.I.R. The First Information Report shows that the story of prosecution was legitimate and true, also it reflect the accused role, witnesses name, and other important details. The prosecution's case cannot be dropped due to a simple delay in filing the FIR. Long, inexplicable wait times for assistance might make one wonder how the situation came to be.

In the case of Vidyadharan v State of Kerala, it was decided that delaying on the submission of a formal complaint in rape cases is a normal reaction in a traditional culture and it shouldn't be taken seriously. The only thing that may intrigue suspicion is a mysterious delay.

Difference between Complaint and an FIR

According to the CRPC, a "complaint" can be explained as any written or verbal charge made to a magistrate, with the intention of taking action under this Code, that any person, known or unknown, has committed an offense; it does not include a police report.

Whereas, FIR is a record that the police create once they have confirmed the complaint's facts. The FIR may contain information on the offense and the accused perpetrator. A police investigation will commence upon the filing of a First Information Report (FIR) under Section 154 CrPC, in the event that a complaint suggests the commission of a cognizable offense. If no crime is found, the inquiry will be closed by the police.

Different Types of FIR

False FIR

A false complaint brought forward with the deliberate goal to discredit or propagate false information about someone. Section 182 or Section 203 of the Indian Penal Code (1860) may apply to a public officer who receives such information with the intent to damage another person. When a police official provides false information despite knowing the truth, they are subject to Section 177 of the IPC.

Second FIR

The validity of filing a second FIR has been hotly contested. It is entirely dependent upon the specifics of each situation. Even with the same facts and circumstances, it is acceptable as long as the official complaint was dismissed for lack of evidence and without considering the seriousness of the offense. It won't be maintainable, nonetheless, if the matter was resolved after taking into account all relevant facts and circumstances and was determined solely on its merits. 

Different courts have established various interpretations of the facts. For it, they have offered a number of exams. The courts administer tests to determine the following:

• Are the conspiracies the same or different?
• Was the previous complaint dismissed for irrelevant reasons or not?
• Whether or not an order was issued without taking the complaint's specifics into consideration.

Zero FIR

When a police station gets a report on an alleged crime that occurred within its jurisdiction, it files a formal complaint and forwards it to another police station for further investigation. Here, it's known as a Zero FIR.

In spite of the incident's jurisdiction and location, this type of FIR can be filed at any police station. However, after an investigation and filing with the magistrate, it is moved to the police station with the appropriate authority. It's also important to remember that most FIRs include a serial number. On the other hand, a zero FIR—as the name suggests—is filed in any police station without being given a serial number.

The police station where the zero FIR was filed is supposed to perform a preliminary investigation into the matter before forwarding it to the other police station with the proper authorities. After receiving the Zero FIR, the appropriate police station creates a new FIR and starts the investigation.

E-FIR

The acronym E-FIR stands for Electronic First Information Report which is applicable to reports of cognizable offenses including murder, rape, dowry deaths, and other similar incidents. Its main objective is to protect the identity of victims who might not be able to report a crime to the police at a local station because of social constraints, a reluctance to face society, or any other reasons. Depending on the state, there are several ways to submit an E-FIR.

How to file an FIR?

Now, we will understand the process to file an FIR. So, there are very simple steps you need to follow in order to lodge an FIR:

• You must notify your local police station as soon as a cognizable offense is committed or someone is taken into custody. FIR must be registered without wasting any time. In some reasons if it is delayed, you must offer a convincing explanation.
• The police officer must be informed by the informant of all the details and events that he was aware of or witnessed. You have the option of writing down or speaking about the occurrence. It is the police officer's responsibility to put it in writing, nevertheless.
• The informant needs to go through the report and sign it. You have to confirm the report's accuracy before signing it.
• The policeman has an obligation to provide you with a FIR copy.
• The FIR has to include the following information such as name, address, date, time, place of the incident, FIR number, name of the police station, facts of the incident; names and descriptions of the individuals engaged in the incident, and witnesses (if any).

What can you do if the police refuse to lodge your FIR?

The complainant has the following options if a police officer declines to make an FIR:

• Write the complaint and submit it to the Superintendent of Police. The Superintendent may designate a police officer to begin an inquiry if they determine that there is merit to the case.
• Seek legal counsel prior to visiting the police station. Attorneys can speak out for their clients and lessen the likelihood that they will be harassed by police.
• To register the FIR, proceed to a local police station. Any police station will accept a formal complaint (FIR), and the police are required to document any information provided by the complainant. It makes no difference where the offense was committed. The closest police station or a police station that is located in a separate location can both be used to make a formal complaint. After recording the data, the police will send it to the police station closest to the location of the incident. Zero FIR is the term for this.
• Give this individual the specifics of the offense and ask them to submit the FIR on your behalf.
• Directly address the District/Judicial Magistrate in order to submit a "private complaint."
• Speak with the National/State Human Rights Commission or any alternative complaint channels.

Conclusion

In the end, understanding the nuances of submitting a First Information Report (FIR) is crucial for every citizen concerned about law enforcement and justice. From its definition to the intricacies of filing FIR, this blog post has provided adequate knowledge and information on the importance of promptness, the distinction among a grievance and an FIR, and the numerous types of FIRs, which include fake FIR, second FIR, Zero FIR, and E-FIR. By knowing how correctly report an FIR and the significance of doing so directly, individuals empower themselves to make contributions to a more secure society and ensure that justice is served quickly and appealing.

REFERENCES

https://www.drishtiias.com /daily-news-analysis/first-information-report-fir

https://en.wikipedia.org /wiki/First_information_report

https://www.jagranjosh.com /general-knowledge/important-facts-related-to-the-police-fir-1487245568-1

https://www.deccanherald.com /india/explained-what-is-a-zero-fir-1142738.html