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First Information Report (FIR) is a written document prepared by police when they collect information about a cognizable crime committed it is an Information obtained by a police officer on duty related to the commission of an alleged crime by either the grieved party or any other party. Police can commence their investigation on the basis of the first information report. Section 154[1] of the Code of Criminal Procedure, 1973 describes what first information amounts to. FIR acts as a tool on which police authorities base and start their investigations. Hence, it is pretty clear that an FIR plays a vital role in criminal proceedings.[2]
Section 154 of the Code of Criminal Procedure, 1973, makes it clear that in only cognizable offences FIR can be registered. Cognizable offences are those cases in which an accused may be charged without a warrant by a police officer. Police authorities can arrest without a warrant under CRPC because of the essence of the seriousness involved in the offences. The classification of cognizable and non-cognizable offences is furnished under the first schedule of CrPC. Anyone may report to police either verbally or in writing the conduct of a cognizable offence. . If the information provided by the woman against whom the Indian Penal Code charges an offense under section 326A,326 B, 354, 354A-D,376,376A-E[3] and 509 is alleged, then that information is registered by a female police officer.
An FIR should be filed in the police station of the concerned area in whose jurisdiction the offence took place.
Procedure For Filing A FIR-
Section 154 of the 1973 Code of Criminal Procedure provides for the process for filing a FIR-
1. Written form: When information is given verbally about the conduct of a cognizable offence, it must be written down by the police.
2. Read Over: A person who provides the information or makes a complaint may request that the information the police have reported be read to him / her
3. Verification: Only after checking that the information reported by the police is as per the details provided report must be signed
4. Signature: After the information has been registered by the police, the person who provided the information will sign it.
5. Copy of an FIR:A person filing an FIR has the right of getting a copy of FIR free of cost.
If a person refuses to sign the FIR after providing the information then he is guilty of offence under section 180 of IPC.[4]
This is the golden principle of law prescribed in the 1973 Code of Criminal Procedure, that the First Information Report should always be submitted promptly and without wasting any time. Such coverage earns the utmost legitimacy and is therefore accepted and respected by the courts. The FIR reported promptly before the time provided to embellish or do away with the evidence according to the Supreme Court It is helpful to have the FIR reported promptly before the time given to embellish or discard the proof. It reduces the possible risk of arousing suspicion.
Kinds of FIR-
1. Telephonic FIR- If the Information conveyed in the FIR through telephonic conversation was clear and cognizable in nature then the FIR can be filed. Though there has been a debate over this issue different court of law have different opinion regarding this . In Damodar v. State of Rajasthan, AIR 2003 SC 4414: 2003 AIR SCW 5050: 2003 (4) RCR (Cri) 355 (SC) it was held that if the information was transmitted to police by telephone and DO entry, it would not constitute a FIR even if the information revealed the commission of a cognizable offence.
2. Multiple FIR- If there are several FIRs regarding the same offence then it will be termed as multiple FIR.
3. Zero number FIR- It means that any police station may file a FIR, irrespective of the jurisdictional boundaries and location of the incident. The relevant police station takes in the FIR and marks it as a zero FIR by making it serial number zero and move the records to the jurisdiction in question immediately. This was first emphasized after the 2012 Nirbhaya case.[5]
4. Cross FIR- It is possible that the other party (accused) may also file a FIR against the plaintiff after a FIR has been filed. It is called FIR counter or FIR cross. The FIR counter fails to impact the original FIR.
The SC issued directions in regard to registration of FIR in the case of Lalita Kumari vs. Government of Uttar Pradesh.[6]
The FIR is a very important document, as it sets the criminal justice process in motion. It is only after the police station reports the FIR that the police take up investigation of the case. It is the first step towards justice and denial of filing of a FIR is against the law .
[1] https://indiankanoon.org/doc/1980578/. [2] https://www.lexology.com/library/detail.aspx?g=a750ca41-1b94-445e-aa91-96c009bed6e5. [3] https://blog.ipleaders.in/offences-against-women/. [4] https://indiankanoon.org/doc/1658410/. [5] https://www.thehindu.com/news/national/nirbhaya-case-four-convicts-hanged-to-death-in-tihar-jail/article31114864.ece. [6] https://indiankanoon.org/doc/10239019/. Reference- 1. https://indianlawwatch.com/practice/understanding-the-first-information-report-fir/. 2. https://indiankanoon.org/search/?formInput=what%20is%20cross%20fir. 3. http://www.legalserviceindia.com/Criminallaws/fir.htm Author- Aeshna Raghuwanshi , Content Writer, Legal Eagle.