The First Information Report, commonly known as FIR, is a crucial document in the criminal justice system. It is the first step in initiating a criminal investigation. Understanding FIR, its importance, and the process of filing it can help citizens navigate the legal system more effectively.
What is an FIR?
In simple terms, an FIR is a written document prepared by the police when they receive information about the commission of a cognizable offense. This report serves as the basis for the police to begin an investigation into the alleged crime. The FIR is crucial because it sets the criminal law in motion and provides the details necessary for the police to investigate the crime.
According to Indian law, FIR is defined under Section 154 of the Criminal Procedure Code (CrPC). However, in the new law under BNSS, the definition and procedure for FIR are elaborated in Chapter 13, Section 173. The section states that any information regarding the commission of a cognizable offense, provided to a police officer, must be recorded as an FIR.
Who Can File an FIR?
An FIR can be filed by:
- The Victim: The person who has been directly affected by the crime.
- A Witness: Any person who has witnessed the crime being committed.
- A Police Officer: Even if the police officer comes to know about the commission of a cognizable offense, they can file an FIR.
- Any Other Person: Even if they are not directly involved but have knowledge about the crime.
The Process of Filing an FIR
When a crime occurs, the victim or any witness can file an FIR at the nearest police station. The process involves the following steps:
- Reporting the Crime: The individual must inform the police officer in charge of the incident, either orally or in writing.
- Recording the FIR: If the information is provided orally, the police officer must write it down and read it back to the informant. The FIR should include all details, such as the date, time, and location of the incident, the nature of the crime, and any known suspects.
- Signature of the Informant: After the information is recorded, the informant must sign the FIR. If the informant cannot read or write, they must place their thumb impression after the FIR is read out to them.
- Providing a Copy to the Informant: The police must provide a free copy of the FIR to the informant, which is a right under the law.
- General Diary Entry: The FIR is entered into the General Diary of the police station and the investigation process begins.
What Happens if an FIR is Not Filed?
If the police refuse to file an FIR, the individual has several options:
- Approach the Superintendent of Police (SP): The informant can go to the SP with the information. The SP can either investigate the case themselves or direct a subordinate officer to do so.
- Magistrate’s Intervention: If the SP also refuses to file the FIR, the informant can approach the Magistrate. The Magistrate can order the police to register the FIR and start the investigation.
- Judicial Remedies: If all else fails, the informant can seek judicial intervention by filing a writ petition in the High Court or Supreme Court under Articles 226 or 32 of the Indian Constitution.
Legal Changes and Recent Updates in the FIR System
The FIR system has undergone significant changes over the years, especially with the introduction of the new laws under BNSS. Here are some key differences between the old and new FIR systems:
- Irrespective of Jurisdiction: The new law under BNSS includes a clause that allows an FIR to be filed irrespective of jurisdiction, which was not explicitly mentioned in the old CrPC. This provision enables the filing of an FIR without worrying about the crime’s location.
- Introduction of Electronic FIR (e-FIR): With technological advancements, the new law has incorporated the concept of e-FIR. This allows for the online filing of an FIR, making the process more accessible and efficient.
- Zero FIR: The concept of Zero FIR, where an FIR can be lodged at any police station regardless of jurisdiction, has been explicitly mentioned in the new law. This provision was introduced to ensure that crimes are reported promptly without the hassle of jurisdictional issues.
- Preliminary Inquiry Before FIR: The new law introduces the concept of a preliminary inquiry before registering an FIR for offenses punishable between three to seven years. This inquiry must be completed within 14 days and is meant to determine whether a cognizable offense has been committed.
Landmark Case: Lalita Kumari vs. Government of Uttar Pradesh
A significant case related to the mandatory registration of FIRs is Lalita Kumari vs. Government of Uttar Pradesh. In this case, the Supreme Court ruled that the registration of an FIR is mandatory for every cognizable offense, without any preliminary inquiry. The case emphasized the importance of filing an FIR promptly to avoid the loss of evidence and ensure timely justice.
The Supreme Court also noted that failure to register an FIR can lead to disciplinary action against the concerned police officers. This landmark judgment reinforced the legal obligation to file an FIR for cognizable offenses and set clear guidelines for police conduct.
Case in Progress: Kolkata Rape and Murder of a Trainee Doctor at R G Kar College & Hospital
The R G Kar Kolkata case involves the rape and murder of a trainee doctor, where significant delays in filing the FIR have raised serious concerns. The delay hindered the timely collection of crucial evidence, potentially compromising the investigation. Public outcry over the delay led to protests and demands for accountability, highlighting issues within the criminal justice system regarding the handling of sensitive cases. The Supreme Court is handling the case, and more updates on the court’s actions are expected soon.
Filing an FIR is a fundamental right of every citizen and the first step towards seeking justice in the event of a crime. Understanding the process, the legal obligations of the police, and the rights of the informant can empower individuals to ensure that their complaints are taken seriously. The recent changes in the FIR system, including the introduction of e-FIR and Zero FIR, have made the process more accessible, ensuring that justice is not delayed due to procedural hurdles.
