All about Registering an FIR

FIR means, First Information Report given to police by either victim,witness or anyone else having knowledge of commission of cognizable offence about commission of cognizable offence. As soon as officer in-charge of a police station gets information(written or verbal) about commission of cognizable offence(offence in which police can arrest without warrant) he is bound to register an FIR as provided under section 154CrPC.

Once the procedure of registering FIR gets completed it is mandatory for police to  give copy of FIR to complainant free of cost.The total procedure involved in registering FIR does not require any king of fees or money.

In case of non-cognizable offence the police officer don't have power to register FIR and investigate without prior permission of magistrate.

In case officer in-charge of police station refuses to register an FIR for cognizable offence , the aggrieved may give his complaint to superintendent of police and get his complaint investigated as provided under section 154(3) of CrPC.

When police at all level refuses to register FIR for cognizable offence , the complainant may approach court and file a petition before magistrate asking him to direct police to register FIR as provided under section 156(3)CrPC.

Sometimes the complaint given by complainant does not disclose commission of any cognizable offence. In that case police takes complaint and do a preliminary inquiry to see if any cognizable offence have been committed or not. If after inquiry  police found out commission of cognizable offence then it registers FIR. If it does not found any cognizable offence but thinks there may be commission of cognizable offence if preventive action has not been taken , in that case police takes preventive action and bound the accused to not to commit any offence. If nothing is found out of the complaint then it simply files the report and in case of commission of non-cognizable offence advises the complainant to complain to the magistrate of the concerned area.

7 comments:

  1. Why the power of registering or not registering FIR given to Police instead of registering it all the time? I am asking because it might affect the case if police officer has some bias.

    ReplyDelete
  2. The power is not given to police. Police have to register it in all cognizable cases and it can not register in non cognizable cases. So There is no doubt about when to register and when not to , police don't have any option after getting information about commission of cognizable offence.

    ReplyDelete
  3. Thanks for the answer! And do you agree that FIR should be registered only in current Thana(Police area where incident happened)? I have suffered in past because of this ( and I am sure that many more have suffered) as police simply refuses to register/file FIR for cases which did not occur in its own specific territory.

    Can not there be IT connected computers where FIR can be filed from any police Thana? Too big a task/money? WIll it help?

    ReplyDelete
  4. Even if a part of crime happened in that police station , police station should register FIR.

    There is a procedure of registering FIR for incidents happened in other police station and then transferring it to concerned police station , but due to procedure involved it takes long time to get transferred to the concerned police station.

    So it is advisable to go the concerned police station and get registered there, other point is that complainant and police have to go to the place of incident at one point of time to investigate.

    IT connected computers are already there and transferring FIR is not a big task, but in that case Investigating officer will not have first hand information of the incident and also this procedure of getting registered anywhere can be misused easily.

    ReplyDelete
  5. please share the steps that need to be taken when a person meets with an road accident ? How should he take the matter to police ?

    ReplyDelete
  6. Udayan asked - can u tell me what action can the police take in case I register a FIR for stolen mobile ( given that I have the original bill n IMEI ) ? How can it be traced ?

    To which Gaurav replied - police gives imei to nodal officers of different service providers who in turn run imei ..and if same mobile is used again , it can be traced . Though it is not fullproof method but it does work many times.

    ReplyDelete
  7. Dear Udayan , I will soon share details about steps taken after road accidents. As far as reaching police , u can dial 100 and you will surely get response. For ambulance 108 is number in many states . You simply need to give report to police on which police shall register FIR for accident

    ReplyDelete

Related Posts Plugin for WordPress, Blogger...