1.WHAT IS AN FIR?

FIR stands for First Information Report. This document is prepared by the police when they informed about a cognizable offense or crime. The FIR is the initial step in the criminal investigation process and provides details about the offense, including date, time, place, circumstances, and the people involved. It serves as an official record of the incident and can be used as evidence in court. The FIR is important as it helps the police in their investigation and facilitates the legal process in criminal cases.

 

2. STEPS TO FILE AN FIR?
3. a) Go to the nearest police station: Visit the police station in the jurisdiction where the crime occurred and file the FIR in the right jurisdiction, as police stations have specific jurisdictions assigned to handle cases.
4. b) Narrate the incident: Provide a detailed account of the incident to the duty officer or the person available at the police station desk.
5. c) Prepare a written complaint: If the officer asks you to submit a written complaint, write down the incident's details along with your personal details like name, address, phone number, etc. Be as specific and accurate as possible while describing the incident.
6. d) Ask for a receiving copy: Ensure that the police provide you with a copy of the complaint you submitted along with a unique FIR number. This receiving copy is crucial for future reference and for tracking your case's progress.
7. e) Request a copy of the FIR: If the police do not automatically give you a copy of the FIR, make sure to request it. It is your right to have a copy for future use or legal proceedings.
8. f) Provide necessary documents: If you have any supporting documents, such as photographs, videos, or any other evidence related to the incident, submit them to the police. These documents can assist in the investigation and strengthen your case.
9. g) Follow-up and cooperation: Stay in touch with the police officers investigating your case and provide any additional information or assistance they may require. Cooperate fully during the investigation process.
10. h) Seek legal advice: If necessary, consult with a lawyer who specializes in criminal law to ensure your rights are protected throughout the investigation and legal proceedings.

Filing an FIR is an essential step in seeking justice and holding perpetrators accountable.

 

3.INFORMATION REQUIRED TO FILE FIR

 

1. a) Title: "First Information Report" or "FIR"
2. b) Heading: Typically states the name of the police station, district, and state where the FIR is being registered.
3. c) Date and Time: The exact date and time when the FIR is lodged.
4. d) Informant's Details: Name, address, age, occupation, and other relevant information about the person giving the information.
5. e) Accused Details: Name, address, age, occupation, and other available information about the person(s) accused of the offense.
6. f) Offense Details: Description of the offense committed, including the time, date, and location.
7. g) Sections of Law: The sections of the law under which the offense falls. These may include sections of the Indian Penal Code, Criminal Procedure Code, or any other relevant statutes.
8. h) Statement of the Informant: A detailed account of the incident as reported by the informant.
9. i) Witnesses: Names, addresses, and other available information about any witnesses to the offense.
10. j) Investigation Details: Instructions to the investigating officer regarding the investigation of the case, collecting evidence, and arresting the accused if required.
11. k) Remarks: Additional remarks or important points related to the case, if any.

 

4. ADVANTAGES OF FIR
5. a) Legal validity: An FIR is the first step in initiating legal proceedings for any criminal activity. It is an official record maintained by the police, which holds a strong legal standing and can be used as evidence in court.
6. b) Investigation process: The filing of an FIR triggers the investigation process by the police. It prompts the police to start collecting evidence, examining the crime scene, and interrogating witnesses or suspects, ensuring a swift response in starting the investigation.
7. c) Protection and assistance: Filing an FIR helps provide immediate protection to the victim and potential witnesses. It ensures that the police take measures to prevent any harm to the victim and provide necessary support and guidance during the investigation.
8. d) Public awareness: An FIR creates awareness among the general public by publicly acknowledging the occurrence of a crime. It can lead to increased vigilance to prevent similar incidents and foster cooperation from the community to aid law enforcement.
9. e) Initiating the legal process: An FIR is essential for formalizing a complaint or accusation. It sets the foundation for subsequent legal actions, such as arrest, prosecution, and trial.

 

5. DISADVATAGES OF FIR
6. a) False or malicious complaints: The filing of an FIR opens the door for false or malicious complaints, where someone may falsely accuse others out of personal vendetta or to settle scores. This can lead to unnecessary investigation and harassment of innocent individuals.
7. b) Delayed or incomplete information: In some cases, the initial information provided in an FIR may be incomplete or insufficient. The lack of proper details can hinder the investigation process and delay justice.
8. c) Inaccurate reporting: Due to the immediate nature of filing an FIR, there is a possibility of inaccurate reporting or misinterpretation of events. This could hamper the investigation and lead to false assumptions in the case.
9. d) Bias or prejudice: Sometimes, the police may hold biases or prejudices while recording an FIR, which can influence the investigation process and lead to a flawed inquiry.
10. e) Filing pressure: In certain situations, victims or witnesses may face pressure and reluctance to file an FIR due to fear or intimidation. This can prevent the proper reporting of a crime and hinder the pursuit of justice.

 

There is one more important kind of FIR and it is the ZERO FIR

 

6. ZERO FIR

A Zero FIR is a type of FIR that can be filed in India. The concept of Zero FIR was introduced to ensure that victims, witnesses, or police officials do not delay or manipulate the registration of a criminal complaint.

 

A Zero FIR can be filed in the following situations:

1. a) When the offense occurs outside the jurisdictional area of the police station: If a crime is committed outside the jurisdictional area of a police station, the victim can file a Zero FIR at the nearest police station, regardless of the location of the incident. This allows immediate registration of the complaint and initiates the investigation process.
2. b) When the police station is unknown: If the victim is unsure about the exact location of the incident, they can file a Zero FIR at any police station closest to the place where the offense was first reported
3. c) In cases involving cognizable offenses: Zero FIR can be filed in cases where a cognizable offense has been committed, such as murder, rape, dowry death, etc. Cognizable offenses are serious crimes that require immediate investigation and arrest

Once a Zero FIR is filed, it is later transferred to the concerned police station under whose jurisdiction the offense took place. This ensures that no time is wasted to initiate the investigation and allows victims to seek justice promptly.

 

8. CONCLUSION

The FIR acts as a crucial instrument in the criminal justice system, providing an official account of the offense and initiating the legal process. By capturing essential details and establishing a record of the crime, it aids in investigations, evidence gathering, and the pursuit of justice. The FIR reinforces the principle that no crime should go unreported, and it empowers victims to seek justice while ensuring accountability for the accused. Effective utilization and implementation of the FIR process contribute to a more transparent, inclusive, and just legal system for all.

 

9. REFERENCES

 

1]  Smith, J. (2021). Women's status in industrial setup: A comprehensive analysis. Journal of       Gender Studies

 

2]  R. Deb (2002). "Police Investigations: A Review". In P. J. Alexander (ed.). Policing India in the New Millennium. Allied Publishers. p. 120

 

3]  Maneka Gandhi; Ozair Husain; Raj Panjwani (2006). "How to file an FIR". Animal Laws of India. Universal Law Publishing