UT Legal Talk Episode 1: The First Information Report (FIR) – Filing, Process and Significance
As a part of the Community Initiative from UdaipurTimes, our team has taken the services of Advocate Ravindra Singh Hiran, to facilitate a general understanding of common legal matters.
The first Episode of UT Legal Talk is about the importance, process and timeliness of the FIR (First Information Report).
The First Information Report, or FIR as it is commonly known, is an important document when one wants to register a complaint with the police station. The FIR is considered as the first evidence on the complaint and it is very important that the report be registered in a timely and comprehensive manner.
Advocate Ravindra Singh Hiran, one of Udaipur’s young and dynamic advocates, in conversation with UdaipurTimes, shares his understanding of the FIR with the reader of Udaipur Times.
"FIR is a very important piece of evidence and is defined under Section 154 of the CrPC (Code of Criminal Procedure). This report needs to be presented for cognizable offences (criminal offences). It is very important for everyone to understand that what should be the contents of an FIR and how it should be written. Usually the common man does not know how a FIR is written correctly and comprehensively, and they directly approach the police station. The FIR is then written by the police officer, which is something I would not suggest.” – Adv Hiran
Watch Video Interaction
Key elements of the FIR
Ravindra Hiran lays emphasis on the key elements of the FIR and recommends that one should understand the basics of writing an FIR and know about the key elements. Each element should be mentioned to make the FIR effective.
Citing the example of the Bike theft, Hiran says that FIR should mention the location from which the bike was stolen, the time, the surroundings, the colour of the vehicle, brand, model and vehicle number. In case of a cell phone theft, mention the brand, size and other specifications clearly.
Explaining the writing of other criminal offences like murder, he said that the complainant has to mention all the details specifically. In case of an eye witness, the details of the accused, height, colour, description, whatever possible, in detail. Unidentified will only work when there is no eye witness to the incident.
Timeliness
It needs to be ensured that there is no delay in writing an FIR. In case there is a delay there should be specific reasons mentioned in the FIR, explaining why the delay happened. Even being scared of filing and FIR earlier is an accepted reason. Being away from home while a theft happened is another example of an accepted delay, provided it is supported with substantial proof.
Advocate Hiran said that the very definition of FIR is First Information Report. Hence ideally it should be filed within 24 hours of the incident.
“24 hours is also on the higher side. To make it more effective, the FIR should be filed within just few hours after the incidence as one should register it immediately.” –Advocate Hiran.
Reiterating the timeliness of the FIR, Adv Hiran said that delay should be mentioned and substantiated. The advocate on the defendants side can question the delay in filing the FIR, and this could raise questions on the credibility of the FIR.
In special cases, such as offences against women under Section 354, 376 (Outraging the Modesty of a Woman) the information is noted down by a lady police officer. In such cases, all that is needed is that the complainant should sign the FIR document.
When Local Police is not registering the FIR
At times, it so happens that the local police are not cooperating with the complainant. In such a case, the victim has other alternatives. The complainant should approach the office of the Superintendent of Police and narrate the incident to the SP. In most cases, being a senior officer, the complainant is heard in detail and the case is resolved. In case of investigation, the report is forwarded by the SP to the concerned Police station. In such cases, the receiving from the SP’s office should be kept in custody for follow-ups.
In case the issue is not resolved even after approaching the office of the Superintendent of Police, the complainant can approach the Court. Under Section 156(3), the complainant should first deliver a complaint through Registered AD to the concerned Police station as well as to the office of the SP. Once the letter is delivered, the complainant can approach the Court with the receipts of the letters that were sent through Registered AD. An Affidavit needs to be filed along with the receipts, under Section 156(3) of the CrPC. The Court will definitely direct the SP and the local concerned Police Station to register the FIR. If the offence is cognizable, appropriate action will be taken.
What is a Zero FIR
Explaining the concept of Zero FIR, Advocate Hiran explained that a Zero FIR is registered when the offence has taken place in a location different from the location of the Police Station where the FIR needs to be filed.
In certain cases, the complainant is overwhelmed by the incident or scared or filing a complainant with the local Police station, for fear of being attacked or for any explainable reason, the FIR can be filed in any Police station. There is no territorial limit in case of Zero FIR.
Why is it called the Zero FIR
The Police station will be obliged to file a complaint (FIR) under the number ‘00’, and the FIR will be transferred to the concerned Police station (the jurisdiction of the incident). The Zero FIR has no mention in the CrPC 1973, the concept came into recommendation through the Justice Verma Committee after the infamous Nirbhaya rape case.
The Ministry of Home Affairs issued an advisory to all the police stations to lodge FIR’s irrespective of the territorial jurisdiction and transfer the FIR, as per S.170 of CrPC, to the station having adequate jurisdiction.
This was all about FIR. We shall be back in our next Episode with more information on Bail. Till then refer to this article or watch the interaction with Advocate Ravindra Singh Hiran on:
YouTube: