FROM INCIDENT TO ACTION: WHAT IS AN FIR?

May 2, 2024

“FIR” is a significant acronym in the realms of criminal law enforcement and justice. An FIR, which stands for “First Information Report,” is the initial step in informing the police of a criminal offense. It serves as a framework around which further inquiries and legal proceedings are developed.

It is essential to comprehend the particulars of a formal complaint (FIR), as it is the point of greatest importance at which an incident becomes a lawfully actionable remedy.                                                                               

What is an FIR? 

The term “First Information Report” has no definition in the Code of Criminal Procedure. Rather, the expression has not been employed outside of Section 207, which requires the accused to obtain from the magistrate a copy of the first information report that was filed in compliance with Section 154 (1) of the Code. The police first kept a report on file regarding the commission of a case that is subject to legal action, which is the fir. It contains details on the cognizable offense.

It might be explained like this:

  • The police officer is given this piece of information.
  • It has to be connected to a legally punished offense.
  • Information is given, and the victim of the crime or someone acting on their behalf files a police complaint. At a given point in time, this information is first made public.

fir report: Essentials

The fundamental requirements of the First Information Report were found in the Moni Mohan v. Emperor case to be:

  • There must be some information present.
  • It needs to be put in writing. If provided in writing, the concerned police officer should put it in writing.
  • It is the primary act or crime that should be considered cognizable, not the ones that follow it.
  • The FIR must be in the form of an accusation or complaint with the intention of enacting legislation.

first information report crpc: Statements and Reports that Fall Short of an FIR

The statements and reports that fall short of an fir in crpc are as follows:

  • A statement or report filed under Sections 162 and 163 of the CrPC once the investigation has started.
  • Not information on the commission of a crime that can be prosecuted, but rather a mysterious plea for quick assistance.
  • Information is provided by phone or any other technological device to the magistrate or police officer.
  • Reports were written after the facts and situations had developed for a few days.
  • Information obtained at the police station before filing a formal complaint.
  • Reports that are not instantly recorded but rather are following witness questioning.
  • Lodged with the magistrate.

fir procedure: How to File?

  • As soon as someone is taken into custody or a cognizable offense is committed, you ought to report it to your local police station. There is no time to waste in filing a FIR. If there are certain reasons why it is delayed, you need to provide a strong justification.
  • The informant is required to provide the police officer with all the information and details that he knew or saw. You can choose to discuss the incident verbally or in writing. Nonetheless, it is the police officer’s duty to record it in writing.
  • The report must be reviewed by the informant before being signed. Before signing the report, you must verify its accuracy.
  • The police officer is required to give you a copy of the fir report.
  • The following details must be included in the police report: the name, address, time, date, and location of the incident; the police station name; the FIR number; the incident’s facts; the names and descriptions of the people involved; and any witnesses.

How to File first information report online?

The steps involved in the process of filing the online first information report are as follows:

  • Check out the official website of the relevant or local police force.
  • When you get to the website, go to the services page.
  • From the drop-down choices, select the category that best describes your situation.
  • Please enter your information, such as your name, address, phone number, email address, incident location, date, time, and case description.
  • Verify everything one more time, and fulfil any captcha requirements when filing an online fir complaint.
  • You will receive a confirmation email with your report details as soon as it is submitted. Don’t forget to print the FIR for future use.

The FIR serves as the foundation for the entire legal system. It is an extremely important record in any criminal prosecution. It signifies the start of the criminal investigation. Even if registering a FIR is easy, it’s still important for the investigation to start.

What is an FIR FAQs

  1. What are the rules for FIR?
  2. The offense’s time, date, and location.
  3. Name and address of the complainant, among other details.
  4. Describe the offense and the parts of the Indian Penal Code (IPC) that apply to it.
  5. If any, provide a description of the accused.
  6. Specifics of any available witnesses.
  • What is the main objective of FIR?

From the perspective of the informant, the primary goal of the FIR is to implement the criminal law; from the perspective of the investigating authorities, the goal is to gather information regarding the alleged criminal activity so that appropriate action can be taken to identify and apprehend those responsible.

  • What is the objective of a FIR?
  • To put in writing the main points of any oral information that discloses the commission of a crime that is punishable.
  • If provided in writing, to have the complaint sign it.
  • To keep a log of information received regarding the commission of crimes that are punishable by law.
  • Why is FIR mandatory?

If the information reveals the commission of a cognizable offense, Section 154 of the Code requires the registration of a formal complaint; no preliminary investigation is allowed in such a case.

  • What is FIR and its features?

A First Information Report (FIR) is a formal document that the police draft after learning of an offense that is punishable by law. The fact that the First Information Report is a report of information that the police immediately receives gives it its name.

  • What type of evidence is FIR?

Although the FIR is not substantive evidence, it may be used as such in the following circumstances: The FIR initiates the investigation process in accordance with Section 154 of the CrPC, and Section 173 of the CrPC creates the charge sheet based on the findings of this investigation.

  • How to check if FIR is closed?

Simply visit the police station website where the complaint was made to find out the status. If a charge sheet has been filed, you may view the closure report there as well. If necessary, you can also get a counter. An FIR cannot be closed without taking significant action after it is lodged. FIR is filed in accordance with IPC 354,509 & 34.

  • Which Online rjs coaching is best for RJS preparation?

The reputable Jaipur Online rjs coaching program “Jyoti Judiciary Coaching” aids students in getting ready for the RJS exam. A systematic approach to RJS test preparation is made possible by Jyoti Judiciary, the top offline and online RJS coaching program in Jaipur. Their curriculum has been carefully designed to cover all the subjects and courses required for passing the Rajasthan Judicial Service Examinations.

  • Which coaching is best for judiciary?

The most effective judiciary coaching in Jaipur is provided by Jyoti Judiciary Coaching. The objective is to create a comfortable learning environment for the students. It makes the difficult task seem easy, which increases the likelihood of achieving the desired outcome. The objective at Jyoti Judiciary is to give students the best possible education possible. The Institute pledges to use every resource at its disposal to provide you with the finest preparation for the Judicial Services entrance examinations.

With the goal of giving students the best coaching available for law entrance exams including the CLAT, AILET, and various other numerous state judiciary exams, Jyoti Judiciary Coaching, India’s Finest educational Platform, was established. Come enrol now with Jyoti Judiciary!

For any latest news, legal topics, judiciary exams notifications, patterns, etc watch Jyoti Judiciary’s YouTube channel for legal videos for any updates at https://youtube.com/@jyotijudiciarycoaching4852?si=2cwubh9d2A9urwJf

Leave a Comment