2 yrs ago
Author: EA DigestCategory : Criminal law
We all are aware of the importance of a First Information Report (FIR) as it facilitates the investigation process and is the first step towards the legal action against a crime. There are many crimes that go unreported and not having sufficient knowledge about the FIR, how to file it and what happens after filing an FIR are just some of the question one may have. We attempt to discuss these most basic yet important questions relating to FIR today through this article.
What is an FIR (Section 154 CrPC)
FIR is the abbreviation of first information report. Section 154 of Code of Criminal Procedure, 1973 deals with the detailed definition and procedure of registering an FIR. It also states the rights of the informant and the duties of the police officers.
The section states that any information related to the commission of a cognizable offense can be given orally or in writing to the police station. The officer thus has to make sure that this information is recorded in writing with his directions. This information then should be read out to the informant and his signature is obtained.
Post this process the same is entered in a book which is kept by the officer to be produced for the further investigation. The format of such book is generally prescribed by the State Government. A copy of this FIR is also to be given to the informant without any cost.
What happens when it is registered?
Once the FIR is registered, there can be two scenarios;
- The police will conduct the investigation based on the facts. If there is sufficient evidence that the crime was committed, they will make the arrests and furnish the charge sheet with all the details related to the investigation. The case then goes to the court for trial.
- If after conducting the investigation, the police has reason to believe that the accused hasnâ€™t committed the crime, they will close the case with reasons justifying to do so. It is also a compulsion for the police to inform the complaintant about this development.
What can be done if FIR is not registered?
Section 154 of CrPC also clarifies the remedy for the aggrieved parties who were refused by the police officers to take a note of their information. It says that in case the police officer at police station refuses to record the FIR, the same can be sent to the Superintendent of Police in written format. After satisfactory verification of the fact that indeed a cognizable offense is committed the Superintendent may act on it himself or direct any police officer to act on it who in turn will have all the powers as if he was the local police officer.
In unfortunate situations, it may happen that the crime is committed and the police station of jurisdiction is not easily accusable, the Zero FIR comes to the rescue. As the name suggests, a zero FIR is filed in case of serious crimes such as rape or murder when the initial investigation should be conducted without wasting any time. This FIR is then transferred to the police station of the jurisdiction but facilitates immediate action.
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