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
Azeez_nazar@rediffmail.com
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