First Information Reports (FIR): An explainer

In the first part of a new explainer series on criminal law, BARUN KUMAR lays out everything one needs to know about First Information Reports (FIRs): how to get them filed, what they must constitute of, and what they lead to as per criminal procedure law.

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As per the Indian Penal Code (IPC), criminal offences are classified as cognizable offences and non-cognizable offences. As per Section 2(c) of the Criminal Procedure Code (CrPC), “Cognizable Offence means an offence for which a police officer may, in accordance with the 1st schedule or under any law for the time being in force, arrest without warrant.” In Schedule I of CrPC, the offences under the IPC from Sections 109 to Section 511 has been classified as Cognizable or Non-Cognizable Offence.

Cognizable offences encompass heinous offences such as murder, rape, theft, kidnapping, and counterfeiting. On the contrary, non-cognizable offences include the relatively serious offences such as forgery, cheating, assault, defamation and so forth.

Also read: Understanding Criminal Law and why it’s strictly bounden by principles given in Part III of the Constitution

What is an FIR?

The FIR (first information report) is the first step in criminal law that sets the police in motion towards investigating an offence. An FIR is the first hand information of a fact relating to the commission of a cognizable offence: this could be any thing, state of things or relation of things, capable of being perceived by the senses or any mental condition of which any person is conscious.

Generally, it is the oral information of the informant which needs to be reduced in writing, read over and signed by the person giving it. Entry of the same must be made by the police in a book popularly called “station diary” or “general diary” or “station register”, which the police is required to keep and maintain under law. In practice, it has been observed that a prepared and signed written information can be considered as an FIR.

Also read: RTI Series: Transparency, Information & Right to Information (RTI) [Part I]

What if the police refuse to file an FIR?

Despite being duty bound to register the FIR, the moment the offence, cognizable in nature, is brought to the notice of the police, the police administration throughout the country has been found to be reluctant to lodge the FIR, especially in relation to offences of caste atrocities, offence against women, and offences committed by socially, politically and economically influential persons.

In that case, the complainant should get a receipt of acknowledgement of their complaint from the police station, and use it to file a representation/petition to the Superintendent of Police (SP)/Commissioner of Police (CP), expressing their grievance as to the reluctance on the part of the concerned police station in registering their FIR. The representation/petition should also seek a direction from the SP/CP to register the FIR.

There may come a situation where the concerned Police Station as well as the SP/CP refuses to lodge the FIR; in that scenario, one should register approach the jurisdictional Magistrate under Section 156(3) of CrPC with their complaint with acknowledgement receipt of the police, and demand a direction for registration of FIR and investigation of the alleged offence. One can also approach the High Court under Article 226 of the Constitution of India.

For computer-literate citizens, the official websites of the state police provide the facility of registering their complaint online. Similarly, various state police have provided the facility of registration of FIR or intimation of an offence via Mobile/telephone (Dial 100 command and control centre for Police Emergency Service.)

Also read: Sexual Harassment at Workplace: Part I | Introducing the 2013 Act, crucial definitions

Things to be mindful of while registering an FIR

The contents of the FIR must be a clear, unambiguous and true recollection of the events or chain of events. There should be clarity about the time period of the offence, exactness of the place of offence, the presence of all persons- those injured, those involved, on-lookers, the weapon or material used in the commission of the offence; the known and unknown accused, their whereabouts, the clothes they wore, the vehicle they used, their movement, and their appearance, among other things. Every single detail matters.

The name, particulars and contact number of the informant is equally important, along with the relation of the informant with the injured, deceased, affected, violated, robbed, or with the accused persons.

The information must be registered without any waste of time, and any delay between the occurrence of offence and its registration must be explained in the FIR to rule out any indication of fabrication.

Also read: What is Domestic Violence? An introduction to the Protection of Women from Domestic Violence Act, 2005

Other relevant information about FIRs (and complaints for non-cognizable offences)

In case of a continuing offence or where the victim or the informant registers the information at a police station under whose jurisdiction the place of occurrence of offence does not come, it becomes the duty of the police officer of that police station to register the FIR as “Zero FIR”, and transfer the same to the police station with the correct jurisdiction without any undue delay for its re-numbering and investigation.

After registration of the FIR, the station House Officer (SHO) designates/appoints/assigns one of the police officers as “Investigating Officer” (IO).

It is also the duty of the police to notify forthwith the Jurisdictional Magistrate empowered to take cognizance of the offence, intimating him about the commission of a cognizable offence. The procedure rules out the allegations of ante time or ante dated FIR and any foul play on the part of police or informant.

In case of non-cognizable offences, the police is duty bound to enter the information in a book/diary prescribed for the same, and a corresponding entry also to be made in a daily diary. Further, the informant must be referred to the Jurisdictional Magistrate, and only after the permission/written order of the latter has been obtained can the police initiate the investigation. It must also obtain a warrant from the Magistrate before making any arrests for such offences.

(Barun Kumar is a Nagpur-based lawyer specializing in human rights and criminal law. The views expressed are personal.)