What is an FIR?
First Information Report (FIR) is the written document prepared by police when they receive information about a cognizable offence. It sets the criminal justice process in motion. Under Section 154 CrPC, police must record information about cognizable offences in writing. FIR is the foundation of any criminal case and must contain accurate details of the incident.
Who Can File?
Any person with knowledge of a cognizable offence can file an FIR. This includes the victim, a witness, or any person on behalf of the victim. For sexual offences, the statement should be recorded by a female police officer or in the presence of a family member.
Step-by-Step Process
Step 1: Go to the nearest police station within whose jurisdiction the offence occurred.
Step 2: Narrate the incident orally or submit a written complaint to the officer in charge.
Step 3: The officer records the information. If oral, they write it down and read it back to you.
Step 4: Verify all details are correct. Sign the FIR.
Step 5: Receive a free copy of the FIR immediately. Note the FIR number, date, and sections of law.
What If Police Refuse?
If the police refuse to register your FIR, you can approach the Superintendent of Police with a written complaint. You can also file a complaint under Section 156(3) CrPC before the Magistrate, who can direct the police to register the FIR. Additionally, you can file a private complaint under Section 200 CrPC. The Supreme Court in Lalita Kumari v. Government of UP held that police must register an FIR when information discloses a cognizable offence.
Zero FIR
Zero FIR allows you to file an FIR at any police station regardless of jurisdiction. The registering station assigns FIR number zero and transfers the case to the correct jurisdiction. This is useful in emergencies when you are far from home.
For legal help with FIR filing or post-FIR procedures, connect with a criminal lawyer through WakilSearch.