Sunday, January 13, 2013

Law on FIR in India


1. What is FIR?
FIR stands for first information report. It is a document providing the basic information that a cognizable offense has been committed. We must know that FIR is not a conclusive proof that a person has committed an offense. FIR is the starting point of the investigation in a particular offense. 

2. What is the law on FIR?
(1) Every information relating to the commission of a cognizable offense, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informants and every such information.
(2) A copy of the information as recorded under sub-section
(3) shall be given forthwith, free of cost, to the informant.

3. Is a police officer duty bound to lodge FIR in every case?
The police officer is duty bound to lodge FIR in every cognizable case. And if a police officer gets a complaint from an aggrieved person about the cognizable offense, he must lodge a FIR. And if a police officer refuses to do so, one must approach the SP of the concerned area that a police officer has refused to lodge FIR.

4. What does it mean if the police officer takes your complaint and gives you an acknowledgement? Does it mean FIR has been lodged? 
 No, it doesn't mean that the FIR has been lodged. It just means that the police officer has received a complaint and the police will see if a cognizable offense has been committed or not? 

5. How will you get to know that your FIR has been lodged or not?
If a FIR has been lodged, the police officer concerned shall write in their prescribed performa in a form or in computer as the case may be. If you want to see the performa of a FIR Click Here

6. Is it your right to get a copy of FIR?
Yes! Its your right to get a copy of your FIR free of cost from the police. And you should ask for it as it makes you confirm that your FIR has been lodged. And if you want to apply for a copy of a former FIR you can get it from Here

7. Should FIR be lodged ASAP? What will happen if there is a delay in filing FIR?
Yes, FIR must be lodged as soon as possible. If there is a delay in filing the FIR, it will help the accused because the accused shall get time to destroy the evidence, there shall be a problem in locating the witnesses and during the trial, the defense lawyer will make an allegation that FIR is an after thought.

8. Why they refuse to file FIR? 
There are few reasons the police refuses to lodge FIR like the offense is not a cognizable offense. Sometimes they want to keep the crime graph low so if they don't lodge FIR, it will not show in the crime statistics in the area. Many a times, a party bribes police officers and that's why they refuse to lodge FIR.

9. What should you do if the police officer refuses to lodge a FIR?
If the police cognasible and do not an do not register FIR , there are few options available to the complainant.
The first option is to complain to the higher-ups. The complainant can approach, in person or in writing, the assistant commissioner or deputy commissioner, or even the superintendent of police, commissioner of police or director general of police.

2 comments: