Q.
What is an FIR?
A First Information Report (FIR) is, as the name implies the first piece of information that the informant gives to the police to initiate investigation for any cognizable offence committed against her/him. The purpose of registering an FIR is to set criminal law in motion for the offence so alleged to have been committed. It is crucial to highlight that FIR is merely a piece of evidence, which shall then be used to either corroborate or contradict the case of prosecution. The details provided therein needn’t be accurate to every word but shall broadly outline the facts and circumstances in which the cognizable offence took place. Once an FIR is recorded, no changes can be made to the content, though the informant is free to provide any additional information to the police once the investigation begins.
Q.
But what is a cognizable offence?
FIR,
as mentioned above can only be filed by Police if the offence being complained
of is cognizable in nature. Cognizable offences are those in which the Police
can immediately begin investigation without obtaining warrant from the Magistrate.
These offences are listed under Schedule I of the Code of Criminal Procedure. These
offences are generally of a heinous nature, such as murder, rape, theft, kidnapping
etc. These are different from non-cognizable offences, where the Police is
bound by law to seek permission from the Magistrate to begin investigation. If
a case pertains to two or more offences, the entire case shall be treated as a
cognizable offence.
Q.
Can Police refuse filing an FIR?
No,
it is mandatory for the Police to file an FIR if the information suggests the
commission of a cognizable offence. In the famous case of Lalita Kumari v
State of Uttar Pradesh [AIR 2014 SC 87], the Supreme Court held that a police
officer is bound to file the FIR of the informant even if she/he may not
personally be satisfied with the credibility of information. Genuineness, reliability and credibility are not conditions
precedent for the registration of FIR. In some cases, such as matrimonial
cases, medical negligence, corruption etc, the police may choose to conduct a
preliminary inquiry before filing the FIR but such an inquiry should
necessarily be completed within seven days.
FIR, shall ordinarily be made in the police
station in whose jurisdiction the offence committed falls. However, the Supreme
Court, has time and again emphasised upon the concept of “Zero FIR” i.e no
Police Station can refuse to file an FIR on grounds of the offence being
committed outside its territorial jurisdiction. The officer in charge of the
police station shall file the FIR and transfer it to the station in whose
jurisdiction the offence was allegedly committed. In Satvinder Kaur v State [(1999)
8 SCC 728] the Supreme Court laid down that the police is duty bound to
record and investigate an FIR even if it is found that the offence alleged was not
committed within its territorial jurisdiction. An advisory was also circulated
by the Union Ministry of Home Affairs in this regard to all state governments. In
RD Thakkar v State of Gujarat [AIR 2010 SC 715] too, it was held by the
Supreme Court that an investigative authority cannot refrain itself from
conducting a thorough investigation simply because the cause of action did not
arise in its jurisdiction.
A
famous case where a Zero FIR was lodged is the Asaram Bapu case, where, though
rape of the minor girl was committed in Jodhpur, the FIR was filed in Kamla
Nagar Police Station in Delhi. The FIR was then transferred to the concerned
police station in Jodhpur. The rationale behind such a provision is to avoid
any inordinate delay in the filing of complaint by the police of the informant which
saves the victim from bureaucratic hassles which can cause the accused to slip
away from the clutches of the criminal justice system should valuable time be
wasted on extraneous factors like jurisdiction.
Q.
How is an FIR filed?
The process of filing an FIR is laid down in Section 154, Criminal Procedure Code. The process of filing an FIR is as follows:
- Information related to the alleged commission of the offence shall, if given orally be written down either by the officer in charge of the police station or under his/her directions. The informant then signs the information given by him/her
- The information is also signed and stamped by the officer writing it and is then entered in the General Diary to be maintained in a form prescribed by the respective state government.
- A copy of the FIR recorded is then promptly given to the informant, free of cost.
- If the informant is a woman against whom an offence is allegedly committed or attempted to be committed under sections dealing with rape, sexual harassment, outraging modesty of a woman, criminal assault against a woman, then such information shall be recorded by a woman police officer.
- Under the aforementioned sections of IPC, if the person against whom the offence is said to be committed, is physically or mentally disabled, then such information shall be recorded at the person’s residence or at any other convenient place, in presence of an interpreter or special educator and the recording would be videographed.
It
is not necessary for the complainant to physically report to the Police
Station. FIR can also be made over phone or e-mail. In fact, FIRs can also be
filed online now. In Delhi, for instance FIR can be filed online at http://www.delhipolice.nic.in/citizen_services.html.
Q.
What if Police refuses to file my FIR?
Though, the law has been settled by the Supreme Court that it is legally binding to record and investigate an FIR which relates to commission of a cognizable offence, an officer may still refuse to file the FIR on certain grounds. The law therefore, provides recourse to the aggrieved person in the following ways:
- Under section 154(3), CrPC, the aggrieved person whose complaint is refused to be recorded, can send a written application to the Superintendent of Police(SP) of the concerned district with the substance of information. It has been observed that the SP generally does direct the police station or any other police officer to file the FIR.
- However, if such a direction is not issued, a complaint in this regard can be made to the Magistrate Court under section 190, CrPC. The complaint shall state the facts of the case which constitute the offence and ask for the court’s intervention in the same. The Magistrate is empowered to direct an investigation by the police under section 156(3), CrPC.
- Since filing of FIR is a statutory duty which needs to be performed by the police as a public authority, aggrieved person can approach the High Court to issue a writ of mandamus to the police by engaging a lawyer. In August 2020, In Hari Krishna Mandir Trust v State of Maharashtra [CA no.6156 of 2013], the Supreme Court held t it mandatory for a court of law to issue a writ of mandamus if the petitioner has shown the existence of a legal duty which existed towards her that was not enforced by the authority.
Aryan Bhat is a 2nd year law student at National Law University Delhi. A Potterhead, his other favourite authors in fiction include Khalid Hosseini, Jhumpa Lahiri and Ruta Septys. Besides fiction, he enjoys to read about political and social issues too. He plays chess as a leisure activity. While he is willing to explore any area of law, he finds himself particularly drawn towards Intellectual Property, Corporate Law and Criminal Law.
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