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Procedure of filing a First Information Report (FIR)

FIR means First Information Report, made to police, about commission of a cognizable offence. It amounts to putting law in to motion by giving information relating to the commission of a cognizable offence to an officer in charge of a police station, (which shall be reduced into writing and read over to the informant ) and shall be signed by the person giving such information.

Who can lodge an F.I.R?

An FIR can be lodged by:
Ø  An aggrieved person.
Ø  A person who is aware about the facts of the crime.
Ø  A person who has seen a crime being committed.

Place of lodging the FIR

To file an F.I.R, one has to go to the police station within the jurisdiction of which the cause of action arose or the offence took place.

Crimes for which an FIR can be lodged

The police can register FIRs only for cognizable offences — where the police have the power to arrest without a warrant. Examples of cognizable offences include murder, rape, theft, attack, etc. For non-cognizable offences, such as bigamy or defamation, the police cannot arrest without a warrant and thus cannot register an FIR. In such cases the complaint is sent to the Judicial Magistrate for action.

How to lodge FIR?

The informant/complainant should go to the Police Station having jurisdiction over the area (where the offence is committed) and report to Officer in-charge /station house officer about commission of a cognizable offence.

In case information is given on telephone, the informant/complainant should subsequently go to the police station for registration of FIR.

Every piece of information relating to the commission of offence is to be given to the officer in-charge of the police station. If it is given orally to the officer, he shall reduce it to writing and read it over to the informant to confirm and verify the details.

Every such information has to be signed by the informant after which it is required to be recorded by the officer in a book maintained for this purpose as prescribed by the State Government.

What if the Officer in charge of the police station refuses to lodge an FIR?

If the officer in-charge of the police station refuses to record the information, one can send the substance of such information, in writing to the Superintendent of Police concerned. The Superintendent of Police can start the investigation himself or direct any other officer subordinate to him to start the investigation. In case of refusal of lodging of FIR one can also file a complaint directly to the Judicial Magistrate by himself or through his lawyer. In this case the Judicial Magistrate orders the police to lodge the FIR under section 156(3) of the Code of Criminal Procedure.

Cost of copy of FIR

The copy of FIR must be given free of cost to the informant.

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