7 yrs ago
What is FIR? It's a first information report, which falls under Section 154 of The Code of Criminal Procedure, 1973. Usually one needs to visit the police station to file a complaint or an FIR. FIR can be registered only for cognizable offenses where the police officer can arrest a person without an arrest warrant without prior order of the magistrate, like murder, rape, dowry death, kidnap, etc. In non-cognizable offenses where the police officer has no authority to arrest a person without an arrest warrant, like assault, cheating, stalking complaints can be filed. It can be later converted into an FIR by the police after seeking permission from the Magistrate.
FIR can be registered by the victim, a witness to the incident or any person who has the specific knowledge of the incident. For any Cognisable offense, FIR is necessary because the document helps to initiates the criminal proceedings against the wrongdoer.
In the case of Jitender Kumar v. State of Haryana, the Supreme Court setting out the objective of FIR has held that FIR is only to make a complaint to police officer to set the criminal law in motion. Its secondary though equally, important objective is to obtain relevant information on criminal activity and to record the circumstances before there is time for such circumstances to be forgotten or established. Â
FIR should be registered at the earliest point of time after the incident however if any delay occurs it has to be explained as the delay can raise a suspicion about the afterthought or a fabricated version.
The Main Purpose of the FIR is to
Process of Filing FIR u/s 154 of CrPC, 1973
How to File FIR Online
In Most of the Cities, the Government has started the functionality of filing an FIR online. Where public can go to http://www.delhipolice.nic.in/register.htmlor according to their states URL and register their complaintand the informer will get the registered copy of the FIR by mail. Filing an FIR online has been started by these States- Tamil Nadu, Himachal Pradesh, Jharkhand, Maharashtra, Delhi, Madhya Pradesh, Haryana, Odisha, Patna, Kolkata. With this service, people can register an FIR online and they don't have to go to the police station and wait for registering an FIR. Moreover, it also beneficial for those who are staying far away from the police station and especially for women who avoid going to the police station alone.
On September 7th, 2016, The Supreme Court in a landmark case of Youth Bar Association of India v. Union of India and Others has ordered State and Union Territories to upload the copy of First Information Report (FIR) on Police or Government Website within 24 hours of their registration.
The Supreme Court Bench Comprising of Justice Dipak Mishra and Justice C Nagappan directed the implementation of this step to somewhat bring transparency in the police work.
Since this functionality has come online its fair and transparent Justice System the Indian Court has been
Active and non Ignorant in its effort. There was an urgent need on the part of the public departments to address the obstruction and violation made by the police in registering FIR, because due to delay and refusal of FIR registration results delay in justice and expressed injustice. Â
So its time, duty and responsibility of the Indian Citizen to report about the crime which takes place in our society and help police authority to stop ones it for all.
Note: A mere Information received on Phone by a police officer without any details as regards as Identity of the accused or the nature of the injuries caused by the victim as well as the name of the culprits may not be treated as FIR. RavishwarManjhi v. State of Jharkhand
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