Unveiling Justice: Exploring Criminal Law and the FIR Process

What is an FIR?

First Information Report (FIR) is a written document prepared by the police when it receives information about the commission of a cognizable offence. It is a report of information that reaches the police first in point of time and that is why it is called the First Information Report.

It is a complaint lodged with the police by the victim of a cognizable offence or by someone on his/her behalf. A cognizable offence is one in which the police may arrest a person without a warrant. They are authorised to start an investigation on their own and do not require any orders from the court to do so unlike Non-cognizable Offences in which a police officer has no authority to arrest without a warrant and the police cannot investigate such an offence without the court’s permission.

Anyone can report the commission of a cognizable offence either orally or in writing to the police.

Who can file an FIR?

Anyone who knows about the commission of a cognizable offence can file an FIR. It is not necessary that only the victim of the crime should file an FIR.

What is the procedure for filing an FIR?

The procedure for filing an FIR is prescribed in Section 154 of the Criminal Procedure Code, 1973.
⮚ The police must write it down information about the commission of a cognizable offence given orally.
⮚ As a person providing information or making a complaint to the police you should demand that the information recorded by the police is read over to you.
⮚ Sign the document on which the information is recorded by the police.
⮚ You should sign the report only after verifying that the information recorded by the police is as per the details given by you.
⮚ Always ask for a copy of the FIR, if the police do not give it to you. It is your right to get it free of cost.

What should you mention in the FIR?

⮚ Your name and address;
⮚ Date, time and location of the incident you are reporting;
⮚ The true facts of the incident as they occurred;
⮚ Names and descriptions of the persons involved in the incident;

Involvement of Lawyer

Lawyers can get involved at any stage and usually once the trial starts the lawyers are either appointed by the party involved or by the state if the party cannot afford private representation.

Once FIR is filed:

1. 1. Preliminary Investigation
      In crimes like Murder, housebreaking, and other cognizable offences the police will make a visit to the PLACE OF OCCURRENCE and take an on-ground analysis of the actual situation depending on the facts of each case.
   2. Preparation of Report
      Once the preliminary investigation is over, the police will have to present a report to the magistrate concerned about the case.
      Here, the reports may be of two kinds:
      1. Closure report
      2. Charge Sheet or Final ReportA closure report refers that no evidence was found against the accused and the police have no reason why the trial should be conducted.On the other hand, A charge sheet is a detailed report of the offences allegedly committed and the evidence found therein. It may contain all the panchnamas, a list of witnesses, details of charges slapped and etc.
   3. Submission of Investigation Report
      If the alleged offence is punishable with imprisonment of 10 years or above, the charge sheet must be filed within 90 days of registration of the FIR otherwise within 60 days.
   4. Magistrate Decides and Trial Begins basis the Report
      After receiving the Final Report from the police, the magistrate decides on further actions.
      If a closure report is received, the magistrate may trust the report and close the case, or he may direct re-investigation or he may take up cognizance of the case and summon the accused directly.In the case of a Chargesheet, the magistrate will take cognizance of the case and proceed with the trial of the case. If the offence is such that it requires to be tried by a session judge, then the documents shall be forwarded to the district or sessions court for further proceedings. Otherwise, it can be tried in the same court.