What is an FIR? or in writing to the police. Even a Refusal to register an F.I.R. The police may not investigate a is against the Law First Information Report (FIR) is a telephonic message can be treated complaint even if you file a FIR, written document prepared by the as an FIR. when: police when they receive information about the commission of a Why is FIR important? (i) The case is not serious in cognizable offence. It is a report of An FIR is a very important nature; information that reaches the police document as it sets the process of (ii) The police feel that there is first in point of time and that is why criminal justice in motion. It is only not enough ground to it is called the First Information after the FIR is registered in the investigate. police station that the police takes Report. However, the police must record * You should sign the report only up investigation of the case. the reasons for not conducting an after verifying that the It is generally a complaint lodged investigation and in the latter information recorded by the with the police by the victim of a Who can lodge an FIR? case must also inform you. police is as per the details given cognizable offence or by someone Anyone who knows about the —[Section 157, Criminal Procedure by you. on his/her behalf. commission of a cognizable offence ] can file an FIR. It is not necessary * People who cannot read or write Anyone can report the commission that only the victim of the crime What is the procedureCode, of 1973 must put their left thumb of a cognizable offence either orally should file an FIR. A police officer filing an FIR? impression on the document who comes to know about a The procedure of filing an FIR is after being satisfied that it is a Cognizable Offence cognizable offence can file an FIR prescribed in Section 154 of the correct record. A cognizable offence is one in himself/herself. Criminal Procedure Code, 1973. * Always ask for a copy of the FIR, which the police may arrest a if the police do not give it to you. * When information about the person without warrant. They are You can file an FIR if: commission of a cognizable It is your right to get it free of authorised to start investigation cost. * You are the offence is given orally, the police into a cognizable case on their person must write it down. own and do not require any What should you mention in against * It is your right as a person giving orders from the court to do so. the FIR? whom the information or making a Non-cognizable Offence * offence complaint to demand that the Your name and address; A non-cognizable offence is an has been committed; information recorded by the * Date, time and location of the offence in which a police officer * You know yourself about an police is read over to you. incident you are reporting; has no authority to arrest without offence which has been * Once the information has been * The true facts of the incident as warrant. The police cannot committed; recorded by the police, it must they occurred; investigate such an offence * You have seen the offence be signed by the person giving * Names and descriptions of the without the court's permission. being committed. the information. persons involved in the incident; * Witnesses, if any. Police & Inspector General of About CHRI Police and bring your complaint You can file an F.I.R. The Commonwealth Human Rights through telephone also to their notice. Initiative (CHRI) is an international, Police and You * You can send independent non-profit organisation Know Your Rights your complaint headquartered in India. Its objectives are to promote the practical realisation of in writing and human rights in the Commonwealth. by post to the CHRI educates on human rights issues Superin- and advocates for greater adherence to tendent of human rights standards. Police concerned. If the Presently it is working in the following Things you should NOT do: Superintendent of Police is areas: * Never file a false complaint or satisfied with your complaint, he J Police Reforms give wrong information to the shall either investigate the case J Prison Reforms police. You can be prosecuted himself or order an investigation J Human Rights Commissions under law for giving wrong to be made. J Right to Information information or for misleading the J Human Rights Advocacy * You can file a private complaint J police. Constitutionalism before the court having J Biennial Report to the Commonwealth —[Section 203, Indian Penal jurisdiction. heads of Government meeting on Human Rights Issues. * Never exaggerate orCode distort 1860] * You can facts. also make a complaint * Never make vague or unclear to the State statements. Human What can you do if your FIR Rights is not registered? Commission or the National Human Rights * You can Commission if the police does meet the nothing to enforce the law or Superin- Commonwealth Human Rights Initiative does it in a biased and corrupt N-8, Second Floor, Green Park (Main) tendent of New Delhi-110016, India manner. Police or Phone : 91-11-2686 4678, 2685 0523, 2652 8152 Fax : 91-11-2686 4688 other higher E-mail : [email protected] officers like Website : http://www.humanrightsinitiative.org Deputy Inspector General of Prepared by : Subho S. Chatterjee