FIR: full form, format, zero FIR, etc.

FIR: full form, format, zero FIR

INTRODUCTION

There is an increase in crime which endangers the balance in the society. In order to control the anti-social behaviours, a mechanism has been enforced with respect to criminal law to curb the commission of crimes in the society, which includes police, courts, punishments, etc.

It is a two-way process where the public also play important role in delivering justice and eliminating crime from society. The criminal law puts the duty on the public to take the first step towards criminal proceedings through reporting any crime by making a complaint or filing FIR.

It is the duty of public, in the interest of justice to report the crime committed or to be committed to the police or may report to the Magistrate. The report is considered as FIR if made to the police. If complained with the Magistrate it is known as a complaint.

What is meant by Complaint?

It is an allegation made to the Magistrate orally or in writing so that Magistrate takes action against the allegations under the code even if the person who has committed an offence is known or unknown. It is the same as a plant which is filed in civil court, a complaint is filed for criminal proceedings.

What is the full form of FIR?

The full form of FIR is the First Information Report. It is called a first information report because the police officer writes a report on receival of the information for the first time about an offence. If the information is received from more than one source then only that information is considered as FIR which brings for the 1^st time the knowledge of police about the crime committed.

What is meant by FIR?

When the information regarding the commission of a

The cognizable offence is received by the police and is converted in Writing and a report has to be prepared ut such a report cannot be prepared for any or every piece of information by the police it is known as FIR (First Information Report). It is first-hand information received by the police regarding any crime committed.

The information regarding the cognizable offence can be given to the police officer by the victim himself or by someone else also.

The report can either be reported orally or in writing to the police. A threat or message can be also be treated as FIR. It can be said that an FIR is the first step towards criminal justice.

Cognizable offence:

An arrest of a person made by the police without a warrant according to First Schedule of Criminal Procedure Code u/s 2(c), is known as a cognizable offence. It is a non-bailable offence.

In cognizable offence no orders of the court is required to start an investigation after receiving information, they can conduct an investigation on their own.

Non-cognizable offence:

In this type of offence, no person can be arrested without warrant nor investigation can be conducted without permission granted by the court as per Criminal Procedure Code u/s 2(l). it is a bailable offence.

 

Difference between complaint and FIR:

Complaint	FIR
Section 2(d) of the code defines a complaint.	The term FIR is not defined anywhere.
A complaint can be lodged to Magistrate in oral or in written form.	FIR can be lodged to the PO in written or in the oral form of information of the crime committed.
If the complaint filed is false then the complainant is prosecuted.	Even if the information provided by the informant is false, he is not prosecuted.
The complaint can be lodged of offences of both cognizable and non-cognizable.	It deals with the only cognizable offence.

What is the relevance does zero FIR have?

A type of ZERO FIR have relevance for a serious crime known as FIR can be filed in any police station irrespective of jurisdiction to speed the investigation without wasting time to boost the justice system is known as Zero FIR. When an FIR is lodged by police station which does not have jurisdiction to investigate it rather it will be transferred to other police station which has jurisdiction. Such FIR will not be numbered in the police station and will be called the ZERO number FIR. It will only be numbered after the transfer to the other police station.

In this article, we are going to deal with how FIR is registered and other information related to it.

Who can file an FIR?

Any person who is aware of the cognizable offence, it may be a victim himself or any other person or even a police officer can lodge an FIR.

You can register an FIR if the offence is committed against you. Or you have knowledge about the crime committed. Or else you witnessed the crime committed.

How do I write a letter of FIR?

The letter written for FIR should be of formal nature. You are supposed to write the letter for FIR to the station head of the police station in your area. You are supposed to also mention the subject regarding which you to write an FIR letter to the station head.

Then explain the subject matter or incident regarding which you are writing an FIR letter including where, how, when, who, which way, how you know etc. and requesting the police officer to take action. At the last mention your name and address.

How do you write FIR for theft? (format to file FIR for Theft)

As per the points mentioned above, a sample of FIR for theft is as follows:

To,

SHO

Police Station- Market yard

District- Pune

State- Maharashtra

Subject: relating to theft in my house

Sir,

This is to inform you that theft has taken place at my house, address-………, yesterday that is on (mention the date and time of the incident) by 2 people (who), which way. The items missing from my house are money (up to 10,000), jewellery, and some showpiece (what lost). I came to know about the theft as I returned home from work and found my house door open and broken (how you know).

Please request you to look into the matter and to take legal action.

Thanks.

Name (XYZ) and address.

 

Can police officer deny to register FIR?

If the offence is non-cognizable in nature or if it is outside the powers of the police officer or the police station has no jurisdiction to take such case then the police officer has the right to deny to register FIR.

Remedies available on unreasonable denial to register FIR:

On refusal to not register an FIR by the police officer, the aggrieved person can send the information in writing and by post to concerned Superintendent of police. If the information received is satisfactory that the offence is cognizable in nature the Superintendent shall investigate himself or else direct any police officer to start an investigation.

One can file his information before the court having jurisdiction. The information filed before the court having jurisdiction will be considered as a private complaint.

In Lalita Kumari v. Govt. of U.P[W.P (Crl) No. 68/2008] Supreme Court through judgement made it mandatory for registration of FIR u/s 154 of CrPc along with eight guidelines to be followed by the police officer if the information is regarding the cognizable offence.

Procedure to file an FIR:

Section 154 of the Criminal Procedure Code, 1973 deals with the procedure of filing FIR.

1. Visit the nearest police station, provide the information relating to the commission of crime either orally or in writing, if the information is provided orally it is the duty of the police officer to write the information down.
2. While providing the information the informant should keep in mind that his/her name, the address is to be provided correctly. Date, time location of the incident, true facts of the occurrence and name and description of the person involved in the incident are supposed to provide corrections to the police officer.
3. After writing the information, the police officer should read over the information written down to the person filing FIR.
4. The informant has to sign the report after recording the information recorded in the register.
5. The informant before signing the report should verify whether the information taken down is as per the details provided by him.
6. Informants who are illiterate, police officer after reading the report to them should take their thumb impression on the document.
7. A copy of FIR is to be given to the informant free of cost.

Will false FIR affect my career?

No, if the complaint is mere then it won’t cause any effect on your career. But if it contains serious allegations such as molestation, murder etc. it will affect your career resulting in even losing your job at least until your name is cleared from the false case.

How to deal with fake FIR?

If a fake FIR is filed for a non-bailable offence against you then you should apply for anticipatory bail immediately from session court or high court. If you are already arrested then as per sec 437 and 439 of CrPc apply for bail.

On providing false information to a police officer the person providing the information is punishable u/s 182 of IPC for imprisonment up to 6 months. The person against whom false FIR is filed can file a case of defamation against the person who filed the fake FIR.

What is the time limit for filing an FIR?

 There is no time limit as per the law to file the FIR. It is completely on the court’s discretion and also depends upon the facts of the case whether the FIR filed is within a reasonable time or not. The police officer should be provided with a satisfactory reason explaining the delay in filing the FIR.  If the police officer is satisfied with the reason for the delay in providing information, the police shall register the information. In-state of Punjab versus Gurmeet Singh 1996 SC held that in rape cases the fact that a social stigma is associated with offence itself sufficiently explains the delay in lodging the FIR.

References:

1. How to File a First Information Report (FIR)? By: Gautam Kawatra
2. Differences Between FIR and Zero FIR
3. Will false fir finish my career? – Quora

Article by

– Adv. Prathi Shetty.