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F.I.R.
1. WHAT?
WHO?
WHERE?
HOW?
REGISTRATION OF F.I.R.
REFUSAL TO REGISTER F.I.R.
DELAY
ONLINE FILING
FIRST INFORMATION REPORT
BY AYUSHI GUPTA
FOUNDING PARTNER: A & T LEGAL
LL.B. – CAMPUS LAW CENTRE, DU
B.COM (H) – SHRI RAM COLLEGE OF COMMERCE
2. Not defined under the Code of Criminal
Procedure, 1973 (CrPc)
Closest inference is drawn from Section
154 CrPc which says - Information relating
to a cognizable offence given to a police
officer by any person.
The Hon’ble Supreme Court of India, in
T.T.Antony vs. State of Kerala & Ors., held:
“Information given under sub-section
(1) of Section 154 of Cr.P.C., is
commonly known as the First
Information Report (FIR), though this
term is not used in the Code….And as
WHAT IS F.I.R.?
Where police officer can arrest
without a warrant
3. it’s nick name suggests, it is the
earliest and the first information of a
cognizable offence recorded by an
officer in charge of a police station.”
It is different from Complaint
F.I.R
• Cognizable
offence
• Given to a
police officer of
nearest station
Complaint
• Both non-
cognizable and
cognizable
offence
• Given to a
magistrate
4. Section 154 doesn’t specify
Uses the word ‘Informant’ - any Person
Need not necessarily be the victim or the
injured
Can be an eye-witness
Any person with knowledge of the crime
WHO CAN FILE F.I.R.?
5. F.I.R. can be filed in the police station of
the concerned area in whose jurisdiction
the offence has occurred.
As per Section 156 CrPc – Power to police
officer investigate any cognizable case,
without the order of a Magistrate, which a
Court having jurisdiction over the local
area within the limits of such station would
have power to try
WHERE IS F.I.R. FILED?
6. Given orally – Reduce to writing + Read to
the Informant + Signed by Informant
Given in writing – Signed by Informant
Substance of Information to be entered in
the Station Diary
Copy of F.I.R. to be given to Informant for
free
HOW IS F.I.R. FILED?
7. In the case of Lalita Kumari vs. Govt. of
U.P., the Hon’ble Supreme Court gave
certain directions to be followed in regards
to Registration of an F.I.R.
Petitioner filed a missing
report at the police station wrt
his minor daughter
Asked to pay money to
initiate investigation
and make arrest
Filed Petition
U/A 32 of the
Constitution
F.I.R. registered but no
action taken by the police
REGISTRATION OF F.I.R.
Facts:
8. GUIDELINES
For cognizable offence
Registration of FIR is mandatory under
section 154 CrPc
No preliminary inquiry is permissible
If not cognizable but indicates
necessity for inquiry:
Conduct preliminary inquiry
Ascertain whether Cognizable
or Non Cognizable
Examples:
Matrimonial disputes
family disputes
Commercial offence
Medical negligence cases
Corruption cases
Cases where there is
abnormal delay in
initiating criminal
prosecution
9. Enquiry ends in
closing complaint:
Copy of entry of
closure to Informant
in a week + giving
reasons
Cognizable:
Register F.I.R.
Duty to register
Action against erring officer
if doesn’t register
Scope of inquiry:
Not to verify veracity of
information
Ascertain whether Cognizable or
Non Cognizable
Time bound enquiry within 7 days
If delay, reasons to be entered in
the diary
Station Diary = Record of all info received
at a P.S.
Info relating to Cognizable Offence –
mandatorily entered
Reasons for decision to conduct inquiry
10. If police officer refuses to record
information – Informant - sends the
substance of such information, in writing
and by post, to the Superintendent of
Police concerned.
If SP satisfied that such information
discloses the commission of a cognizable
offence - either investigate the case
himself or direct an investigation to be
made by any police officer subordinate to
him.
Refusal to register F.I.R. is valid on 2
grounds:
Where offence committed is beyond
the territorial jurisdiction of a police
station - Information should be
recorded and forwarded to the
REFUSAL TO REGISTER F.I.R.
12. Law hasn’t prescribed any time for lodging
F.I.R
It is an accepted rule that F.I.R. should
invariably be filed promptly, expeditiously
and without wasting any time.
May be due to the ignorance or actions of
the police or mistake by the informant
himself.
If there is a delay on the part of police, they
must provide substantial grounds for such
delay and no vague basis of delay would be
sufficient in the eyes of law.
If by prosecution - substantiate the factual
difficulties encountered by the person in
lodging the report.
DELAY IN FILING F.I.R.
13. e-FIR - only for cognizable offences
In the case of non-cognisable offences -
only a complaint can be filed online
After the complaint is filed, it can be later
escalated into an FIR after seeking
permission from the Magistrate
However, there are some states/union
territories allow submission for both FIRs
and complaints
Register on website of the concerned
State/UT police
Provide email id to receive a copy of the
complaint/F.I.R.
ONLINE F.I.R./POLICE
REPORT/COMPLAINT