Imagine if your relative or anyone near you facing any kind of problem or offences near you and you have just witnessed that you are near to you and you have seen all those things and what things you can do under that time what if a responsible men to be there what he can do is that he would go to the police station and he will report the crime but what if he didn’t know who doesn’t aware of the all those things related the FIR then what would be the things you do
we will be discussing about the Cognizable and non cognizable offences because it is connected with the FIR. So in topic of FIR we will deal about various topic or with several concept which will help us in understanding the concept of FIR
We will be discussing a brief topic which would be similar will help to understand the concept of FIR in easy words.
So as a common citizen we must know all the things related the FIR because in general we are afraid of police and whenever we hear the name of the police we get afraid and never go to the police station to report anything so it is mandatory to everyone to know about the right. And to report the offence of the report what one had witnessed in their surroundings or anywhere in a place if they have seen any offences or Crime.
At that time if common citizens are not aware of their rights then what are the things they can do at that time
So it is mandatory to everyone to know about what is FIR and how to lodge a FIR and what are the things which covered under the FIR.
So in simple word we can say FIR is just a piece of information report we need that we need to submit to the police station to accommodate to the next part of the justice system.
FIR which basically means first information report.
As we all know that fir is not defined under the Indian Penal Code or is there in the code of criminal procedure but in general what we can say fire just a piece of information we give to the police station in a via report either in a return or oral way.
Meaning
The term ‘First Information Report’ has not been defined in the Code of Criminal Procedure. Rather the term has not been used except in section 207 which requires the Magistrate to furnish to the accused a copy of the First Information Report recorded under section 154 (1) of the Code[1]. The report first recorded by the police relating to the commission of a cognizable case is the First Information Report giving information on the cognizable crime.
It may be defined as follows:
It is a piece of information given to the police officer.
The information must relate to a cognizable offence.
It is a piece of information reported first in point of time.
The victim of the cognizable offence or someone on his/her behalf gives information and lodges a complaint with the police
First Information Report (FIR) is a written document prepared by the police when they receive 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 generally a complaint lodged with the police by the victim of a cognizable offence or by someone on his/her behalf. Anyone can report the commission of a cognizable offence either orally or in writing.
The term FIR is not defined in the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), 1973, or in any other law.
An FIR is an essential document for both parties (prosecution and defence). It serves as the case’s initial foundation. The prosecution case will collapse if the foundation is weak.
FIR is not compulsory that only a Law Student have to know about it being an INDIAN every citizen of India and Every people must know about all these things that what is FIR ?and related all the things of FIR. And how they can make a report of Police Station what they have observed.
What happens after an FIR is filed?
The police will investigate the case and will collect evidence in the form of statements of witnesses or other scientific materials.
They can arrest the alleged persons as per law.
If there is sufficient evidence to corroborate the allegations of the complainant, then a charge sheet will be filed. Or else, a Final Report mentioning that no evidence was found will be filed in court.[2]
If it is found that no offence has been committed, a cancellation report will be filed.
If no trace of the accused persons is found, an ‘untraced’ report will be filed.
However, if the court does not agree with the investigation report, it can order further investigation.
What if the police refuse to register an FIR?
Under Section 154(3) CrPC,[3] if any person is aggrieved by the refusal on the part of the officer in charge of a police station to register an FIR, she can send the complaint to the Superintendent of Police/DCP concerned.
Who, if satisfied that such information discloses the commission of a cognizable offence, will either investigate the case, or direct an investigation by a subordinate police officer.
If no FIR is registered, the aggrieved persons can file a complaint under Section 156(3) CrPC before a concerned court which, if satisfied that a cognizable offence is made out from the complaint, will direct the police to register an FIR and conduct an investigation.
As above we have Witnessed about the FIR things now we need to know the about the meaning of Cognizable and non Cognizable offences to understand the concept of FIR in depth as it is connected with the FIR.
Where to File an FIR?[4]
An FIR can be filed in the police station of the concerned area in whose jurisdiction the offence has occurred. A first are to obtain information about the alleged criminal activity so as to be able to take suitable steps for tracing and bringing to book the guilty person.
Its secondary though equally important object is to obtain early information of an alleged criminal activity and to record the circumstances before the trial, lest such circumstances are forgotten or embellished.
There time duration fixed for Filing an FIR?
We have already emphasized this fact that as far as possible and practicable, every FIR should invariably be filed promptly, expeditiously and without wasting any time. There may be circumstances where some concession of time must be given in filing the FIR But there must be cogent reasons for reasonable delay in filing the FIR under the compelling circumstances. Judges with lot of wisdom and experience can use their discretion judiciously and in the interest of justice in each and every case. However, no possible duration of time can be fixed for applying the test of reasonableness to the lodging of an FIR[5] as we have already explained. It depends upon facts and circumstances of each case. The delay in lodging the FIR as such is not fatal in law if the prosecution substantiated the factual difficulties encountered by the persons lodging the report
Cognizable Offence: A cognizable offence is one in which the police may arrest a person without warrant.
They are authorised to start investigation into a cognizable case on their own and do not require any orders from the court to do so.
Non-cognizable Offence: A non-cognizable offence is an offence in which a police officer has no authority to arrest without warrant.
The police cannot Investigate such an offence without the court’s permission.
In case of non-cognizable offences, an FIR under Section 155 CrPC[6] is registered.
The complainant will be asked to approach a court for an order. The court may then direct the police to conduct an investigation on the complaint.
Types of FIR
- False FIR
- Second FIR
- Zero FIR
- Cross FIR
- Multiple FIR
CONCLUSION:
As being a responsible Citizen of India. We must know about all of our rights. As being a Indian we must know about everything bcz today till now many people get scared of afraid when they hear about the Police and they starting getting far from it. FIR is a topic which not stop only to the Law Student as it is wider in concept and everybody across the nation must know about their rights and what if there relative or anyone observed a Offence or Crime then at that time what are things they can do and what are their rights how they can know about these Citizen should stop getting fear and by confident they should go to Police Station to report what they have observed in their surroundings.becouse FIR is the first step towards the justice system afteron the Fir will be lodged only after then the FIR would go to next process as FIR is the pillar of it which we can’t ignore bcz it’s the Mandatory step towards the Justice so that those who getting affected through it can get the justice which will only happened if one should stop getting fear and know about their Rights and go to POLICE STATION.
So lastly every Citizen is a special so they should stop being Fear and go to do FIR.becouse FIR Is the mandatory step which lead toward the justice of a People.
[1] Section-154(1) of the Code of Criminal Procedure (Crpc)
[2] Written By Bharati Vidyapeeth & Nimisha Dublish “What is a FIR” (Sept,23 2023) https://blog.ipleaders.in/first-information-report-everything-important-you-should-know-about/#What_Kind_of_Information_is_Considered_in_an_FIR accessed 30th Nov,2023
[3] Section-154(3) of Code of Criminal Procedure,1973
[4] Written By Jharkhand Police ”First Information Report” https://jhpolice.gov.in/FIR#:~:text=WHERE%20TO%20FILE%20AN%20F.I.R.,to%20enter%20upon%20the%20investigation accessed 30th Nov,2023
[5] Written By Bharati Vidyapeeth & Nimisha Dublish “What is a FIR” (Sept,23 2023) https://blog.ipleaders.in/first-information-report-everything-important-you-should-know-about/#:~:text=FIR%20is%20lodged%20with%20an,whether%20cognizable%20or%20non%2Dcognizable accessed 30th Nov,2023
[6] Section 155 of the Code of Criminal Procedure,1973
[7] Written By NanaG. “F.I.R Part 1 basic Introduction” http://www.legalserviceindia.com/legal/article-5386-f-i-r-part-1-basic-introduction.html> accessed 30th Nov,2023
Author: Mayank Kumar
Juris Centre 