FIR

What is an FIR?

An FIR (First Information Report) is a written document prepared by the police when they receive information about the commission of a cognizable offence. It is the first step in the criminal procedure under the Code of Criminal Procedure (CrPC), 1973.

Once an FIR is lodged, the police are legally bound to begin an investigation. It becomes a public record and can be used as evidence in court.

 

Legal Definition of FIR

As per Section 154 of the CrPC, an FIR is:

“Information relating to the commission of a cognizable offence, if given orally to an officer-in-charge of a police station, shall be reduced to writing…”

This means any person can give information regarding a serious (cognizable) crime to the police, which they must record and investigate.

 

Purpose of Filing an FIR

The key objectives of an FIR are:

  • To initiate a criminal investigation.
  • To inform the police and judiciary about the offence.
  • To bring the offender to justice.
  • To create an official record of the crime.
  • To protect the rights of the victim and ensure legal remedy.

 

Who Can File an FIR?

Anyone who has knowledge about a cognizable offence can file an FIR:

  • The victim of the crime.
  • Witnesses or bystanders.
  • Any person having credible knowledge of the crime.

There is no legal requirement that only the affected person must report the offence.

 

Where to File an FIR?

An FIR can be filed at:

  • The police station in whose jurisdiction the crime occurred (local jurisdiction).
  • Any nearby police station (Zero FIR – explained below).
  • Online portals in many states (Delhi, Maharashtra, Tamil Nadu, etc.).

 

Types of FIRs

  1. Regular FIR

Filed for cognizable offences such as murder, rape, robbery, etc., where the police can arrest without a warrant.

  1. Zero FIR

This is filed at any police station, regardless of jurisdiction, and is later transferred to the concerned police station.

  1. Non-Cognizable Report (NCR)

For less serious offences like defamation or public nuisance, where police need court permission to investigate.

 

Rights of the Complainant

  • Right to get a free copy of the FIR.
  • Right to insist on registration of the FIR in cognizable offences.
  • Right to be informed about the investigation progress.
  • Right to approach higher authorities or magistrate if the police refuse to register the FIR.
  • Right to file an online FIR in applicable states.

 

What Happens After Filing an FIR?

Once an FIR is registered:

  1. Investigation begins – Collection of evidence, statements, arrests if needed.
  2. Filing of a charge sheet – Police submit a report to the Magistrate.
  3. Trial begins – If the case proceeds, judicial hearings begin in court.
  4. Judgment and sentencing – If proven guilty, the accused is punished under law.

 

When Can an FIR Be Quashed?

An FIR can be quashed (cancelled) by the High Court under Section 482 CrPC:

  • If the complaint is false or malicious.
  • If the allegations do not constitute a cognizable offence.
  • If the matter is civil in nature, not criminal.
  • Settlement between parties in certain compoundable offences.

Common FAQs on FIR

Can FIR be filed for non-cognizable offences?

No. In such cases, police record the information but require a magistrate’s permission to investigate.

What is the time limit for filing an FIR?

There is no fixed time limit, but it should be filed as soon as possible after the incident.

What if police refuse to register an FIR?

You can:

  • Approach the Superintendent of Police (SP).
  • File a complaint with the Judicial Magistrate under Section 156(3) CrPC.
Is filing a false FIR punishable?

Yes. Under Section 182 and 211 IPC, giving false information to the police is a criminal offence.

Author: Nyaya Setu Legal Association
Disclaimer: This article is intended for informational purposes only and does not constitute legal advice. For specific legal assistance regarding FIR, please consult us for more option.

Call Now Button