First Information report commonly known as the FIR is the first report about the commission of the cognizable offence to the police officer, which is reduced to writing by such police officer. The offences have been divided in two categories i.e. cognizable offence and non -cognizable offence. Cognizable offences are those offences which are serious in nature and police may arrest the person without warrant. FIR can be lodge only in the cognizable offences. FIR is an important document which reaches the police first in point of time and set the criminal justice in motion and police starts investigation on it.
Normally the victim or his relatives lodge a complaint against offender. However, any person who has information regarding commission of a cognizable offence can lodge an FIR. Section 154 of the Code of Criminal procedure, 1973, prescribes the procedure to lodge an FIR. An FIR may be given orally or on telephone, but the same shall be reduced to writing by the police officer whom it is given. However, the rumors or the absurd information on telephone is not an FIR. The contents of the information must be clear giving the correct particulars about the time and place of incidence, name of informant and name of offender, if the same are known. If the FIR is given orally by a person and reduced to writing by a police officer, the same shall be read over to the informant. The complaint should be signed or the thumb impression should be put on it. A Copy of the information is provided to the informant free of cost.
The FIR should be given as soon as possible as the delay in the lodging of an FIR may go against the victim as the same raises doubts about the correctness of the facts stated in the FIR. The contents of FIR can be used in the evidence except for the purpose of corroborating and contradicting the informant.
If the information is not recorded by the officer in-charge of police station, the substance of such information in writing may be send to the superintendent of the police concerned by post and if he is satisfied with the complaint he can direct the investigation. If no action is taken by Superintendent of the police, complaint under section 156(3) Cr.P.C1973 can be filed before a magistrate stating the substance of FIR and remedy exhausted i.e. failure of police to registered the FIR. The magistrate, if satisfied that a prima facie case is made out on such complaint can pass an order for investigation and registration of FIR. A complaint to the human right Commission can also be made if the police failed to enforce the law or do it in the bias or corrupt manner.
Azeez Nazar Sabri