Introduction
This article throws light upon what is meant by the First Information Report (FIR) as given under the Code of Criminal Procedure.
The first information report implies any information which is recorded by a police authority or an officer on duty given either by the aggrieved individual or some other individual to the commission of a cognizable offence. Based on the first information report, the police started its investigation. Section 154 of the Code of Criminal Procedure, 1973 characterizes what adds up to the first information. The basic explanation behind reporting an FIR is to a set criminal law into motion and not to communicate all the little subtleties in that.
What is meant by a Cognizable Offence?
The Cognizable offence is that offence in which the police officer has the authority to arrest without requiring a warrant or without the order of a Magistrate. Usually, cognizable offences are of a grave and serious nature.
Objective of FIR
The main aim or purpose of filing an FIR is:
- To decrease the substance of information given of a cognizable offence, at whatever point given orally, into a created written structure.
- To have signed by the complainant whenever submitted recorded as a hard copy.
- To keep up a record of data of the cognizable offences committed.
- To start an examination on receipt of data of commission of the cognizable offence.
- To get the Magistrate informed with respect to the idea of the information got.
In the case of Habib v State of Bihar, the court expressed the rule object of FIR which was to gotten the criminal law underway. In another case of P. Sirajuddin v. State of Madras, it has been held that to get early information of an alleged offence from the complainant and to place it into writing the statement before his memory falls flat or before he gets the time and chance to manipulate it, FIR is vital.
Who can file an FIR?
The first information report or FIR can be lodged by the following persons:
- By an aggrieved individual or someone for his sake.
- Any individual who knows about the offense by being either:
- Eye witness as well as,
- Hearsay account.
- By the culprit himself.
- By the SHO on his own insight or information, when a cognizable offence is committed taking into account an official in charge he can enlist a case himself any way he will undoubtedly bring down in writing any information and regardless of whether the data is just by a medical certificate upon arrival of the injured, at that point the (SHO) ought to enter it in an everyday diary and go to the hospital for recording the detailed statement of injured.
In any case, the information received should be based on facts; it should be authentic and should not be baseless.
Where the FIR should be filed?
Any individual can file a First Information Report (FIR). It is not essential for him to be the person in question or the injured or an eye-witness. It is not necessary for a First Information Report to be valid and henceforth it very well may be prattle and need not really be given by the individual who has firsthand information on the facts.
Evidentiary Value of FIR
FIR not being a considerable part of evidence can be utilized in the following ways:
- Used for confirmation purposes.
- For repudiating purposes the proof of individual giving the information is significant.
- As a confirmation against the source.
- To invigorate previous’ memory.
What if the police refuses to file an FIR?
One can carry the complaint to the notification of the Superintendent of Police or some other concerned authority by meeting them legitimately. The complaint can be sent in writing through the post to the Superintendent of Police concerned. It is at the choice of the official that on the off chance that he is satisfied with the complaint, he will either investigate the case himself or request an examination to be made. One has the alternative to record a private complaint before the watchful eye of the court having jurisdiction. Also, one can generally move to the State Human Rights Commission or the National Human Rights Commission in case the police authority acts in a careless manner.
Conclusion
So, it seems that the first information report is the most important thing which should be filed as soon as any cognizable offence is committed. There should be no refusal and no delay in doing so. Yet, there are many instances still prevailing wherein the police refuse to register an FIR, or sometimes, the information received is also false. So, these drawbacks should be removed as soon as possible.
This blog is written by Rashi Srivastava, Amity University.
Some of her blogs-
- RIGHT TO DIE: FUNDAMENTAL RIGHT?
- AN ANALYSIS OF NATIONAL IPR POLICY
- COPYRIGHT VS DESIGN
- DUAL CITIZENSHIP IN INDIA
- CHARGE UNDER CODE OF CRIMINAL PROCEDURE
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