What is FIR (Information Report)

FIR stands for First Information Report-which means First Information of a Cognizable offence that is given by a person who is an eyewitness or aware about the offence and that information is presented before the police station as an application to take necessary legal action.

According to section 154 of Criminal procedure Code, when any information of any cognizable offence is presented before the police station whether written or orally the police officer (duty officer) will write down the information and read it to the informant, after that the informant will sign that written document.

FIR is one of the most significant elements of a criminal case but no judgment can be given only based on the FIR, therefore, corroboration of other evidence and witnesses are necessary. It is admissible under Section 8 of the Evidence Act, 1872.

How to lodge FIR in Police Station:

Every 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 by him or under his direction. The Duty Officer will then read the whole Information to the informant. If the information is the same as given by the informant the informant will sign it as his approval. After that the Duty Officer will fill up B. P. Form No. 27 as mentioned in the Police Regulations Bengal, 1943 (Section 243)

 

Essential elements important for FIR:

  1. Name of the Police Station.
  2. Name, Identity and address of the informant (with Cell Phone Number)
  3. Name and other information of accused (If possible, with Cell Phone Number)
  4. Date and time of the occurrence/offence.
  5. Place of the Offence (PO)
  6. Name of the witness/witnesses (If possible, with Cell Phone Number)
  7. Sign or Thumb impression of the informant.

Some other information is not must in the FIR but shall provide a clear picture of the situation and will be a great support during the trial, such as;

  • If Filing of FIR is delayed, reason and explanation of that delay.
  • Describing the incident step by step with time schedule
  • Any previous reference of enmity between the accused and the victim
  • Medical report if already obtained, but do not wait for a medical report as it will be collected by police during the investigation.
  • Mention any other incident, connection, document, report if related to that offence.

Some case laws and rulings regarding FIR

  • Police will not deny filing the FIR to verify the information first (PRB 243 (f))
  • FIR must not be delayed for Doctors’ certificate.
  • If the informant does not want to sign in the FIR that information should be logged as GD
  • Previous GD can be considered as FIR after the occurrence of the offence.
  • Information over the telephone can also be considered as FIR but the informant must come and sign in the document if the informant is reluctant to do so police officer himself can be the informant for that FIR.
  • A Constable or other authorized person in the police station can File the FIR if the concerned officer is not in the station.
  • Information of FIR must be concrete, and the officer may try to find it via simple questions.

Responsibility of Police Officer after filing FIR:

After filing the application via FIR this is becoming a GR (General Register) Case, at first police will take the accused in custody if they are already caught by the informant or by general person (under section 59 of CrPC) and shall show arrest the accused. Police will run their own investigation; talk with witnesses, visit place of occurrence, and take evidence like doctors’ report, previous history, criminal record, previously logged GD etc. under section 154 of CrPC, then Police will produce the accused and all evidence before the court (of Magistrate) for his consideration. The case will be represented by the government via a public prosecutor (govt. advocate) appointed by the government.

 

If FIR is filed against you?

If you think FIR is filed against you check by sending someone to the police station who you can fully trust. Know the sections/offences that are mentioned against you and contact a lawyer immediately.

 

Consequence of False FIR

If someone file a false claim and accuse other people out of enmity, giving false information regarding FIR is an offence punishable under section 182 or 211 of Penal Code. Which mean by presenting a false FIR a person may put himself in prison from 6 months up to 7 years which may also include fine.

 

Emergency Contact Numbers for Getting Support:

BLAST Legal Advice support: 01715-220220 (09.00 AM to 05.00 PM)

National Emergency Service - 999

UNHCR Hotline (support related to Rohingya people in Camps) - 16670

 

Need any specific information, contact us –

Email: Info.Sheba@rescue.org                                                        WhatsApp: +8801810008500

Facebook: facebook.com/Signpost.Infosheba