First Information Report | Section 154 of Cr.PC, 1973
The First Information Report (FIR) is a providing the initial spark that sets the investigative machinery into motion.
As per Cr.P.C, 1973, FIR plays a pivotal role in the detection and prevention of crime in India.
First Information Report
Under Section 154 of the Cr.P.C., any person can report the commission of a cognizable offense to police station.
A cognizable offense is one in which the police can make an arrest without a warrant. The purpose of filing an FIR is to set the criminal justice system in motion and enable prompt investigation.
Recording of First Information Report (FIR)
The person reporting the offense, often the victim or a witness, provides information orally or in writing to the police. The police officer, duty-bound to record the information, meticulously notes down the details.
The FIR should contain essential particulars, including the date, time, place of the offense.
It also contain the identity of the victim and accused, and the circumstances surrounding the crime.
Cognizable and Non-cognizable Offenses
For cognizable offenses, the police can register an FIR without any judicial order, however, in non-cognizable offenses, where a warrant is required for arrest, the police cannot arrest without the express permission of a magistrate.
This distinction ensures a balance between individual rights and the state’s power to intervene.
Magistrate’s Role
In cases where the police refuse to register an FIR for a cognizable offense, the aggrieved party can approach the magistrate.
The magistrate has the authority to direct the police to register the FIR, emphasizing the citizen’s right to seek justice.
Importance in Investigation
The FIR serves as the starting point for the investigation, It not only helps in identifying the accused but also guides the subsequent legal proceedings.
The details contained in the FIR form the basis for collecting evidence, conducting interviews, and making arrests.
Legal Obligation of First Information Report
Failure to register an FIR in cases of cognizable offenses can lead to disciplinary action against the concerned police officer. The legal obligation to register an FIR promptly underscores the significance of citizen cooperation and trust in the criminal justice system.
FIR’s Role in Criminal Trial
The FIR, once registered, becomes a crucial piece of evidence during the trial. It serves as the complainant’s version of events and is subject to cross-examination.
The consistency and reliability of the FIR contribute to its weight as evidence in court.
Conclusion
The FIR, as outlined in the Cr.P.C. 1973, is a fundamental mechanism that bridges the gap between the commission of a crime and the commencement of the legal process.
It reflects the commitment of the legal system to promptly address criminal activities, ensuring justice for victims and maintaining law and order.
As a vital document, the FIR not only initiates the investigative process but also stands as a cornerstone of transparency and accountability in the criminal law system.
Hon’ble Supreme Court in its criminal matter judgments has already rendered the importance of First Information Report.
An accused can file criminal appeal in Supreme Court through Criminal Advocate in Supreme Court at Delhi.
Supreme Court Advocate in Delhi for Criminal Matters are updates on latest law of Supreme Court on Criminal Appeal and Bail matters.
Frequently Asked Question : FIR
(a) Is police officer is duty bound to register FIR on a compliant ?
Ans. Yes, Police Officer is duty bound to register FIR on a complaint. If they refuse to register FIR, they can face Contempt Proceedings in High Court.
(b) How can they face Contempt Proceedings for non-registration of FIR ?
Ans. Hon’ble Supreme Court of India has directed to register FIR, if any complaint discloses cognizable offence.
(c) What is next remedy for registration of FIR ?
Ans. Individual can file complaint before jurisdictional Magistrate under section 156(3) of Cr.P.C. for direction to Police to register an FIR.
(d) Can we directly approach to Judicial Magistrate for filing of FIR ?
Ans. No, First individual has to avail remedy with SHO and SP, if they failed to take action, then only a person can approach to Judicial Magistrate for filing FIR.
(e) Is Judicial Magistrate is duty bound to direct to police officer to register FIR ?
Ans. No, the Judicial Magistrate will examine the complaint supported by an affidavit. Further, it will also be checked that individual has availed the remedy with SHO or SP or not.
(f) If someone register false complaint / FIR, what is the fastest remedy to avoid criminal proceedings ?
Ans. Individual can avail remedy of filing petition for Quashing of FIR u/s 482 of Cr.PC, 1973 before High Court.
(g) Can anyone file application for Anticipatory Bail without registration of FIR ?
Ans. No FIR is necessary, mere apprehension of arrest is sufficient for filing of application for Anticipatory Bail.