How to file an FIR
Before filing an FIR, we must know what the meaning of an FIR is. A First Information Report is a written document prepared by police in India, Pakistan and Bangladesh. It is a complaint lodged to the police by the victim of a cognizable offense or by someone on his behalf.
FIR is an important document because it sets up the process of criminal justice in motion.
Where to file the complaint
The victim/complainant should go to the police station whichever having the jurisdiction over the area (where the offence is committed) and report to officer in-charge or station house officer. An e-FIR can be filed only for cognisable offenses like murder, rape, kidnap, dowry death, etc. in these cases the police can make the arrest without the court order.
Who is the officer on duty?
In case the officer on duty is not present, the senior most Police officer, who is available in the Police station at any point of time, is the officer in charge, or the duty officer. (SHO or his subordinate above rank of a constable)
If the inspector or SHO are not present, a Sub-inspector or a head constable will be the officer in charge, who will receive complaint of the victims.
Is there is any kind of fee or charges to be paid to police officers for registration of FIR?
No, Police is not to be paid any charge or cash for enlisting the FIR and consequent examination. On the off chance that anyone in the police headquarters makes such a request, a grumbling ought to instantly be made to the senior cops.
What if the police station refuses to register the FIR?
In all cognizable offences it is mandatory on the part of the police station to register the FIR. Be that as it may, if the Police Station declines to enrol the FIR, an objection should be made to the senior cop. The protestation can be made to the Concerned Circle Officer, Addl. SP or the Superintendent of Police of the concerned District. These officers will get the FIR enlisted and investigated.
Procedure of filing an FIR
- The FIR requires the saying of time and date of the wrongdoing and the personality of the accuser, the charged in a way that it turns out to be simple for the police to distinguish the accused.
- After the complainant has registered the complaint, he has the right to claim the copy of the FIR free of charge. The police then, after the registration of the said FIR has to conduct an investigation regarding the statement made in the FIR.
- In the case, the police discover any proof supporting the producers explanation, they need to record a charge sheet that will be given in the court before the trial starts.
- The police can for the situation that it finds the complaint unmerited, and that there is no proof supporting the same may in the wake of imparting it to the accuser, choose to drop any further examination.
Delay in FIR
A delay in recording FIR is not adequate until and unless there is an acceptable clarification given by the creator. Supreme Court in different cases has discussed the deferral in recording FIR.
Important things to be kept in mind while filing an FIR
- It must be documented promptly. On the off chance that there is any deferral, specify it in the form.
- In the event that given orally, it MUST be brought down in composing and disclosed to you by the officer in control, at a Police Station inside the jurisdiction of which the offense has occurred.
- Be certain
- There should be four copies recorded simultaneously, with the carbon sheets in place.
- It must be authentic information, It must contain bona fide data, including these vital bits of data:
What data would you like to pass on?
In what limit would you say you are giving the data?
Who is the culprit of the wrongdoing?
Who has the wrongdoing been conferred against – casualty/complainant?
When was it dedicated (time)?
Where was it dedicated (particular place/territory/zone)?
Why do you think it was conferred?
Which way (real process included) would it say it was submitted?
Were there any witnesses? (Names will be required here.)
What were the losses? (Cash/resources/belonging/physical harm and so forth.)
What were the follows at the scene of the crime? (Weapons/confirm assuming any.)
These articles are given unreservedly as general aides. While we do our best to ensure these aides are useful, we don't give any assurance that they are exact or proper to your circumstance, or assume any liability for any misfortune their utilization may cause you. Try not to depend on data given here without looking for experienced legitimate guidance first. If all else fails, please dependably counsel a lawyer and fill the query box or call us at +91-8521228202 or drop us a mail at firstname.lastname@example.org.