A CITIZEN’S RIGHT TO FILE F.I.R: EVERYTHING TO KNOW The word ‘F.I.R’ is very famous and thrown around very casually in media and the enter...
A CITIZEN’S RIGHT TO FILE F.I.R:
EVERYTHING TO KNOW
The word ‘F.I.R’ is very famous and thrown around very casually in media
and the entertainment industry. Numerous Bollywood movies over the decades have
built myths around the concept of F.I.R. While some of these myths are true,
most of them are false and paint a very one-sided picture of a citizen’s right
to file an F.I.R. This post will help you to fully understand what is F.I.R and
what are your rights revolving around it.
What is an F.I.R?
The word F.I.R is an acronym and it refers to ‘First Information
Report”. The essence of the F.I.R lies in its full-form. It is the first
information received by the Police in relation to a crime. An FIR cannot be
filed for every complaint received by the Police. This is a fact most of the
Bollywood movies will not tell you! The Criminal Procedure Code, 1973 is the
primary law that deals with criminal justice administration in our country. An
FIR refers to the complaint received and written down by the Police in accordance
with section 154 of CrPC, 1973.
An FIR is only filed where the information received is in relation to a
‘cognizable offense’. Cognizable offenses are considered as grave offenses and
the Police hold the power to arrest without a warrant in cognizable offense
cases. The list of cognizable offenses is provided under the Schedule I and
Schedule II of CrPC, 1973. These include grave offenses where the punishment
usually ranges beyond three years of imprisonment and are non-bailable in
nature (although there are exceptions to this rule as well).
What is the Purpose of F.I.R?
F.I.R or First Information Report is the basic tool that triggers the
criminal justice administration apparatus. A majority of the investigation by
Police, filing of charge-sheet and evidence in the Trial will be based on the
F.I.R is registered. F.I.R is itself a piece of evidence and is used
accordingly by the lawyers/counsels on both sides. This will be covered in
another post.
Who can file an F.I.R?
There is no bar under CrPC, 1973 as to who can and cannot register an
FIR. Thus, anyone who has information with respect to a cognizable offense can
become the first informant. This can include the victim, witnesses to the crime,
any relative of the victim, etc. In some cases, the Police Personnel themselves
become the first informant. As far as the credibility of the information is
concerned, the Police can conduct a preliminary investigation within seven days
of receiving the information to verify its credibility. However, in no
circumstances registration of F.I.R can be refused.
Where can you file an F.I.R?
The standard rule of procedure is to file an FIR in the nearest Police
Station where the crime took place. This rule facilitates proper investigation
of the crime scene. However, where the victim is a woman, the F.I.R can also be
registered where she generally lives or resides.
However, the law allows us to depart from the standard rule in certain
circumstances. A ‘Zero-F.I.R’ can be registered in any Police Station. This FIR
is then forwarded to the concerned Police Station having the requisite
jurisdiction. If you feel that the victim will suffer a callous or partial
treatment in the local Police Station, then you can register an F.I.R in any
Police Station.
What if the Police refuse to file
an F.I.R?
It is quite common for Police to harass the victim or first informant
and refuse to file an F.I.R.
This is commonly seen in cases where the victim is ignorant or
illiterate. The standard rule dictates that the Police cannot refuse to file an FIR.
However, if you are unable to register an F.I.R in spite of holding credible
information on a cognizable offense, then you can follow various routes to
register an F.I.R:
1. The informant can submit a written complaint to the Superintendent of
Police or the Commissioner of the Police. This can be done through e-mail also.
If the SP is satisfied that the information relates to a cognizable offense,
then he will direct his subordinates to register the FIR.
2. In case the SP or CP also refuses to take any action, then the
informant can also approach the Judicial Magistrate (under section 156(3) and
Sec 190 of CrPC) to file a complaint.
3. A Writ of Mandamus can also be filed in the High Court against the
Police Officers who refuse to file the F.I.R
Can you file an F.I.R through
email or a phone call?
The advent of technology has necessitated new, cheap and quick ways of
filing FIR. Currently, the following states support online registration of F.I.R:
1.
Tamil Nadu
2.
Himachal
Pradesh
3.
Jharkhand
4.
Maharashtra
5.
New Delhi
6.
Madhya
Pradesh
7.
Haryana
8.
Odisha
9.
Bangaluru
city
10.
Patna city
11.
Kolkata
city
Many people dial-up 100 to register their complaints. If such a
complaint reveals a cognizable offense, then it can be treated as first
information on the offense, and subsequently converted to an F.I.R.
Right of the Informant:
In order to ensure proper criminal justice administration and eliminate
Police discretion in the process, the government has accorded several rights to
the informant. The informant as well as the offender named in the FIR are
entitled to a free copy of the FIR immediately. The informant must note down
the number, date, and the Police Station where it was recorded. The FIR must be
recorded in writing and read over to the informant. It must be signed by the
informant. Further, if the informant is a woman or physically/mentally
disabled, then the information must be recorded at the residence of such
person, in presence of a female officer, special educator, interpreter as the
case may be.
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