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Basic information about the FIR | |||||
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We know what FIR is. But it is important to know what all goes into making of an F.I.R. Here is a detailed informative report prepared by the Students - Amandeep Bhardwaj & Mayank Mishra. First information report, generally known as FIR, it is the report in writing of any offence recorded by the police. It need not be elaborate but should contain necessary allegations to constitute cognizable offences. FIR cannot be considered as an substantive evidence, because it is not made during any trial, it is not given on oath, nor is it tested by cross- examination. There are few questions that a common man has about FIR. Theyinclude: Who can lodge an FIR?Where can one lodge an F.I.R?How to lodge an F.I.R?What are the things one must ensure while the F.I.R is being lodged?This article will be answering all these questions. Any person who is aware about the offence can file an F.I.R. It is not compulsory that he should be an aggrieved person. One can lodge an F.I.R only in case of a cognizable offence.A cognizable offence is a criminal offence in which the police are empowered to register an F.I.R, investigate, and arrest an accused without a warrant. Offences like murder, rape, kidnapping, theft, robbery, fraud, etc. are classified as cognizable offences.A non-cognizable offence is an offence in which the police can neither register an FIR, nor effect arrest without the express permission or directions from the court. Offences like simple hurt, verbal abuse, intimidation, defamation, misappropriation of property, physical assault, forgery, etc. are non-cognizable offences. Every piece of information relating to the commission of offence is to be given to the officer in-charge of the police station. If it is given orally to the officer, he shall reduce it to writing and read it over to the informant to confirm and verify the details.Every such information has to be signed by the informant after which it is required to be recorded by the officer in a book maintained for this purpose as prescribed by the State Government.The informant is entitled to receive a copy of the F.I.R free of cost.If the officer in-charge of the police station refuses to record the information, you can send the substance of such information, in writing and by post to the Superintendent of Police (SP) concerned. The SP is required to start the investigation himself or direct any other officer subordinate to him to start the investigation. You can also complain to the nearest judicial magistrate, who will order the police to register the FIR if deemed necessary. Ensure that you get a receipt of your complaint being registered. FIR must be filed immediately. If there is any delay, mention it in the form. The Supreme Court of India in Youth Bar Association of India Vs Union of India and Others issued important Guidelines on First Information Report. The Bench comprising of Justices Dipak Misra and C.Nagappan has issued the following Guidelines
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