10 things about First Information Report under CrPC

For maintaining law and order, the constitution has laid down the foundation of the legal system. Police force is given the task of law and enforcement. Have you ever thought what to do when there is a criminal activity, how to file the First Information Report or from where does the criminal procedure starts. The First Information Report under CrPC is the first step towards a criminal proceeding.

Everyone should know about the First Information Report. Here in this article, we’ll provide you with information about First Information Report under CrPC and its essential facets in the Indian scenario.

First Information Report under CrPC

FIR under CrPC Section 154, talks about registration of First Information Report (FIR). If an information which relates to a criminal offence is registered with the police, then it is known as the First Information Report. It is a written document made by police after they receive information of cognizable offence. Moreover, the victim gives the information in nearly all the cases, but any person can provide information regarding the cognizable offence. 

Is Section 154(1) mandatory?

FIR is the most important document it sets the criminal law in motion as well as it helps to obtain information about cognizable offence so as to take suitable steps to trace the accused. If we look at section 154 of Criminal Procedure Code, 1882, it is clear that the basic intention of lawmakers is to make the registration of FIR compulsory without conducting a preliminary inquiry.

The Constitution Bench of the Supreme Court in Lalita Kumari Case also held that Registration of FIR is mandatory under Section 154(1) of the Criminal Procedure Code.

When can you file an FIR under CrPC?

A First Information Report is filed when there is a cognizable offence. After this, the police can arrest the accused and investigate the matter further. In many cases, the police don’t file the complaint instantly. The Police officials first investigate the complaint to check the authenticity of the complaint and then file the case. If the offence is not cognizable, then FIR is not filed, and no action is possible without Courts intervention.

Importance of the First Information Report

First Information Report starts the procedure for criminal justice. It is only after the filing of FIR that the police takes up the investigation of the case.

How to file an FIR?

There are three ways of filing an FIR-

• Directly approach the Police
• After receiving information, police officer is sent to further record the statement of witness and make the report. Based on the report, FIR is filed.
• FIR can also be filed after the information is received via PCR call.

What should one do on refusal to file an FIR?

Any person who is aggrieved by the refusal of Police officials to register case can send such information in writing to the Superintendent of Police. If the officials are satisfied, that the information submitted disclose the commission of the cognizable offence. Then, they shall either investigate the case themselves or direct investigation to be done by their subordinates. 

What happens after the First Information Report is submitted?

• After the filing of FIR, Police have to start the investigation procedure. Investigation includes the process of collection of evidence, questioning witnesses, crime scene inspection, recording of statements, etc. If the Police has successfully identified the criminal, then they can arrest him.
• After the investigation is complete, all the information is recorded in the Challan. If there is enough proof of the crime and the police believe that there is sufficient evidence of committed crime. Then they can prepare the charge sheet with the Competent Court requesting them to take cognisance.
• Furthermore, if there is not enough proof of the crime then police can close the case after justifying their reasons for the closure before the Court. It is the duty of the Police to inform the person who filed the FIR.
• If the FIR is found to be false or is transferred to some other police station for investigation, then in that case it is said to be cancelled in the police station it was first filed.

How to withdraw first information report?

The Indian law does not have a provision for the withdrawal of FIR. Hence, it cannot be withdrawn. But we can get it quashed from the High Court by arriving at a compromise.

In 2012, the Court in Gian Singh vs. State of Punjab & Anr., talked about High Courts inherent power to quash the proceedings.

10 Things about the First Information Report

1. Under section 154 of CrPC, registration of FIR is mandatory if it discloses the commission of a cognizable offence.
2. If the information does not disclose a cognizable offence, then a preliminary inquiry is done for checking whether the offence is cognizable or not.
3. After recording the information, it is the duty of the police to read the information to the informant and take his signature on the written information.
4. FIR should bear the seal of the police station along with the signature of the police officer. Additionally, police have to give the written copy of the information to the informant.
5. If someone makes a written complaint against the cognizable offence, then the police have to attach the complaint with the FIR.
6. The informant can be anyone be it the victim or anyone else who knows about the offence. Moreover, if there is a delay in filing the FIR, then the person has to give the reasons for such delay.
7. If the police refuses file the FIR, you could also file an online FIR. You can do so by going to the website of that particular Police department. For example, if you want to file a complaint with Delhi Police, you have to file a case in the Delhi police official website.
8. Similarly, Section 156(3) of the Criminal Procedure Code, states another provision in case the police does not file the case. It states that the person can approach the Higher officials or  Metropolitan Magistrate in case police does not file the case. The Court will further order the police to file an FIR.
9. Additionally, Government formulated the provision of Zero FIR. According to this, the victim has the right to file the complaint in any police station for the quick action. The case is transferred to the concerned Police Station after this.
10. Supreme Court has ordered to take action against officers who refuse to file FIR.

Conclusion

Finally, it can be said First Information Report under CrPC is the base of the criminal justice system, it starts the investigation. Everything depends on FIR, it has the power to put a criminal behind bars in no time. It is the building block for criminal justice system and provides the police about the cognizable offence. It helps them to conduct the trial procedure. Therefore, it is of utmost importance to have knowledge about the intricate details of FIR.

For more information about FIR, contact our team of expert lawyers at LawyerINC.