An FIR means a FIRST INFORMATION REPORT.It is generally a document in which the information about the commission of a crime is recorded. The Police receive and record the information at the first point. Therefore, it is known as First Information Report.
The information is generally provided by the aggrieved person, but other person can also provide the information and file an F.I.R. on behalf of the aggrieved person. There is no restriction of filing an F.I.R. in writing only, but an oral message can also work in this process.
Another option is of sending message through telephone. There are separate areas allotted to police stations, under which the respective cases are handled by the police. So an F.I.R. can be filed in that police station, under whose jurisdiction the crime has taken place. Jurisdiction refers to the geographical area under which the crime took place and therefore, the police station of that place will be the place where the FIR will need to be filed. The FIR should be filed with the officer-in-charge of the police station. In case of his unavailability, the Assistant Sub Inspector can also file the F.I.R.
Indian Laws: How important is an F.I.R.?
Unless and until, the aggrieved person or other person on his behalf informs about the occurrence of a crime or an offence to the police, no action is possible. It is the first step for getting justice through the police. The F.I.R. is the primary basis on which the information reaches the police and only after registration of the F.I.R., an investigation can be started by the police.
Indian Laws: Who can file an F.I.R.?
Any person who is aware about the offence can file an F.I.R. It is not compulsory that he should be an aggrieved person. Even a police officer can file an F.I.R., if he comes to know about any offence. The F.I.R. can be filed by various persons like:
- The aggrieved person.
- The person who is aware about the facts of the crime.
- The person who has seen the commitment of offence.
What do i do if the police does not register an FIR: The answer to this lies in Section 154(3) of Crpc which is :
” Any person, aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in sub-section (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer Subordinate to him, in the manner provided by this Code, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence.”
What do i do if no FIR is registered even after approaching the superintendent of police :
Engage a lawyer and tell him to file an application under Section 156(3)
The author is a practicing lawyer at Delhi High Court. She can be contacted at lawyer.soniasaini@gmail.com