Meaning OF FIR
FIR means First Information Report, made in writing to the Police Station either by the victim himself, the eyewitness about a commission of a Cognizable offence (in which Police Officer can arrest without a warrant). It is generally made in the jurisdiction of the concerned Police Station or in some cases it can also be made at different places and it is transferred back to the concerned Police Station.
Every FIR holds a unique number, It is basically the formal registration of a criminal complaint. Whereas, Complaint made to Police Station is different. Informal complaints include both, the cognizable and non-cognizable offences. A Complaint could be in oral or in writing form about an illegal activity or an act.
Who can lodge a FIR?
Anyone who knows or have the knowledge of the commission of a Cognizable offence being it the Victim, Eyewitness, police officer himself or any other person can lodge the FIR to the Police Station of the concerned Jurisdiction.
What is the procedure of lodging an FIR?
The procedure of filing the FIR is given under Section 154 of the Criminal Procedure Code 1973,
The following details that need to be mentioned correctly in an FIR are as follows:
- Name and address of the Complainant
- Date, Time and Location of the place where the incident took place.
- Facts of the incident
- Name and Description of the persons involved
After the personal information of the complainant and the necessary details of the incident are given, there are few important steps that need to be kept in mind :
- Once the information is given, it is the duty of the Police officer to write it down
- Secondly, after writing down the complaint, he should recite the same to you
- Thirdly, after verifying the details given by you in the complaint, it should be duly signed or for the people who cannot read and write, they should put their thumb impression on the same.
- Fourthly, it is the right of the complainant to get a copy of the FIR, free of cost.
Can the police refuse to entertain the complaint?
Yes and no. A police officer can refuse to file the complaint if he believes the case is of petty issue or also if they don’t have the territorial jurisdiction in such cases.
Crimes are generally segregated into “cognizable” and “non-cognizable” offences. FIRs are lodged only for cognizable crimes, for non-cognizable crimes a complaint is submitted to the magistrate who in return directs the police for action.
A “cognizable” crime covers for example murder, rape, rioting, dacoity, etc, that is crimes where arrest can be made without warrant & when such crimes are of a serious nature. A “non-cognizable” crime covers for example cheating, fraud, forgery, bigamy, selling underweight or adulterated food or creating a public nuisance, that is crimes where arrest can not be made without warrant & such crimes are not of serious nature. The simplest understanding being that the call for Action is time bound.
What to do if police refuses to lodge
FIR ?
- Approach Superintendent of Police
If the concerned officer in charge refuses to register a first information report about commission of a cognizable offence within his territorial jurisdiction under Sec. 154(3), the informant can approach any senior officer of police or the Superintendent of Police or the Commissioner of the police with a written complaint. If, after analysing the complaint it is satisfied that the complaint discloses a cognizable offence, he may moreover investigate the case himself or give directions to his subordinate to register the FIR and initiate investigation in the matter.
2. Complaint to Judicial Magistrate
If even after submitting a
complaint to Senior Police officials no FIR is lodged then the informant is
legally entitled to file a complaint to the Judicial Magistrate/ Metropolitan
Magistrate u/s 156(3) read with Section 190 and 200 of the criminal procedure
thereby requesting the FIR to be registered by the police and commencing
investigation into the matter.
How to proceed against such police officials who refuse to lodge FIR ?
A Writ Petition in the
respective High Court may be filed for the issuance of Writ of Mandamus against
the defaulting Police officers, inter alia, to Register the FIR and directing
him to show cause the reasons for him not lodging a FIR.
In a civil matter, a contempt petition can be filed before the High Court against the officer who refused to lodge an FIR Hon’ble Supreme Court, in Lalita Kumari case [1], has held that the Police must register FIR where the complaint discloses a cognizable offence.
Refusal to lodge an FIR on jurisdictional ground amounts to 1 year of Imprisonment for the Police officials.
Alternate
Remedy
A Writ Petition may be filed in
respective High Court for seeking damages/compensation, if the inaction of the
Police on the complaint/non-registration of FIR, has resulted in
frustration/deprivation of ―life and liberty of any person, guaranteed under
Article 21 of Constitution of India.
[1] Lalita Kumari vs Govt.Of U.P.& Ors judgment of Hon’ble Supreme Court of India dated 12/11/2013 passed by bench comprising of P Sathasivam, B.S. Chauhan, Ranjana Prakash Desai, Ranjan Gogoi, S.A. Bobde JJ.
