AUTHOR – Riona Maria Roy
Introduction
The First Information Report (FIR) is the cornerstone of India’s criminal justice system. It is also considered the prime evidence of a case.An FIR is a formal written document registered by the police upon receiving the earliest information regarding the commission of a cognizable offence, marking the initial step in the criminal investigation process.
As per Section 2(c) of the Code of Criminal Procedure (CrPC), 1973, a cognizable offence refers to an offence in which a police officer, under the First Schedule or applicable law, can arrest without a warrant, and a cognizable case involves such an offence.
Although the term “First Information Report” is not expressly defined in the CrPC, it is generally interpreted to refer to the information recorded by the police under Section 154.
What Does Section 154 Say?
Section 154 of the CrPC, 1973 mandates that:
When information about a cognizable offence is given to the officer in charge of a police station:
It must be written down
Read over to the informant
Signed by them
Recorded in an official register prescribed by the state government
The section also provides special procedures for offences against women
It lays down remedies if the police refuse to register the information
Purpose and Importance of Filing an FIR
The main purpose of filing an FIR is to:
Formally report a crime
Initiate a police investigation
Safeguard evidence
Uphold the rights of victims
Ensure the fair and efficient operation of the criminal justice system
FIR vs Complaint: What's the Difference?
A complaint and a First Information Report (FIR) are two separate legal instruments:
Complaint | FIR |
Submitted by any individual (victim/witness/third party) to the police or magistrate | Filed by police based on credible info about a cognizable offence |
Can be about cognizable or non-cognizable offences | Only for cognizable offences |
May or may not prompt immediate investigation | Initiates police investigation |
Police need magistrate’s direction to act in many cases | Police can act immediately under law |
Types of FIRs
There are multiple types of FIRs, including:
False FIR: Filed with intent to mislead authorities or malign someone
Second FIR: Permissible only if the first was dismissed on inadequate grounds (not if decided on merits)
Zero FIR: Can be filed at any police station, regardless of jurisdiction, and transferred to the correct one later
Cross FIR: Filed when both parties in the same incident file FIRs against each other
Multiple FIRs: Filing several FIRs on the same facts is barred to avoid confusion and delay
Who Can File an FIR?
Any individual who has knowledge of a cognizable offence can file an FIR. This includes:
The victim
A witness
Any person with awareness of the offence
Legal representatives
As per Section 154(1) of the CrPC, 1973, anyone with knowledge of such an offence may approach the police and report it.
Where to File an FIR?
An FIR is typically registered at the police station having territorial jurisdiction over the area where the crime occurred.
If filed at a station outside jurisdiction, it becomes a Zero FIR, and is then transferred to the appropriate police station.
How to File an FIR? (Step-by-Step Guide)
Visit the appropriate police station– Preferably the one having jurisdiction over the area where the crime occurred
Approach the desk officer– Also known as the duty officer or station house officer (SHO)
Narrate the details– Include: date, time, place, nature of offence, names of accused/witnesses
Statement recorded in writing– Ensure it is accurate and complete. Can be filed by victim, witness, or guardian
FIR is officially registered– It is assigned a unique FIR number and date
Ask for a copy– You are entitled to a free copy of the FIR. Keep it safe for legal reference
Follow up– Stay updated on the investigation and cooperate with authorities– If accused, seek legal counsel immediately
Conclusion
Filing an FIR is a vital first step in initiating the criminal justice process and ensuring that offences are formally recorded and investigated.
This paper highlights:
The concept of FIR under Section 154 of the CrPC, 1973
The duties of police and rights of the complainant
The difference between FIR and complaint
Who, where, and how to file an FIR
The importance of jurisdiction and timely reporting
Gaining a clear understanding of these procedures ensures better access to justice.
