FIR Registration Made Simple: A Comprehensive FAQ Guide

 

A First Information Report (FIR) is a written document prepared by police when they receive information about the commission of a cognizable offence, serving as the initial record of a crime and triggering the criminal justice process. It contains the details regarding the offence like, place, date, parties involved, under which section of law does the offence fall, police station involved, description of how the offence was committed etc.

FIR is registered by the police in order to report the offence and start investigating the case, arrest suspects and accused persons and recover case property.  However, due to the deficient police services, registration of FIR has become a task in itself. People get confused, are often curious to know the entirety of the process but are hesitant or are discouraged by the police officials to ask about the same from them.

So, this time, I have summarised the process in the form of frequently asked Questions (FAQ’s) that I get while dealing with clients. This shall be helpful in getting people aware about the process of FIR registration.

 

1. Can FIR be filed without evidence?

Yes, an FIR can be filed without evidence. The police can register an FIR based on the initial information provided about the commission of a cognizable offence. Evidence is usually collected during the investigation to be done by the police/ investigation officer so one does not need to worry about providing evidence at the time of registering of the FIR. However, at the time of registration of FIR, depending upon the facts and circumstances of the case, if it is found that there are some material information/ documents that the complainant has in his possession or it is assumed that he must be having in his possession, that is necessary for the investigation process, then the Investigating officer of the case may at the time of registration of FIR or afterwards, may ask for the complainant or informant as the case may be to provide such information for further investigation.

 

2. Is FIR Registered instantly or does it take time?

Although the law mandates for the police to register FIR instantly for any cognizable case, but due to the poor state of police in our country, this is rarely practiced in real life. We often find that people often struggle to even get their complaints regarding a cognizable offence like theft, grievous hurt etc (offences which are not that serious in the eyes of Police personnel) registered in Daily Diary of the police as this shall lead to the Investigating Officer (I.O) making preliminary inquiry for the case for further being necessitated to register FIR in the case in future.

If you want to get your FIR Registered, I suggest to go to a police station and give the police a written copy of your complaint instead of oral submissions. Now explain your case to them patiently, ask them to register FIR. If they don’t want to register FIR, then at least get it noted in General Diary/ Daily Diary with Diary Number being provided to you. You can now proceed to file for Section 175(3) BNSS/ Section 156(3) CrPC in court where you can ask the magistrate court to direct the police to file FIR in your case. You will also be able to monitor progress in your case with regular status reports from the concerned I.O. of your case.

 

3. What is zero FIR in new criminal laws?

A Zero FIR is a complaint/ First information report about a cognizable case that can be lodged in any police station, regardless of where the offence occurred. It is meant to ensure prompt action, especially in serious cases, and can later be transferred to the appropriate police station for further investigation. Under previous versions of criminal Laws and their provisions, it was provided that the person/ complainant/ informant who wants to register an FIR about a case must do so in a police station who has the jurisdiction of the offence where it was committed. This condition in the provision led to serious delays and injustice in the process of getting an offence registered and was a serious repelling force for any eyewitness/ informant stationed far from the commission of the case, to report such a case. This also led to indirectly providing for breeding ground for corruption in the police force. The lawmakers have tried to correct this mistake by making special provisions for registering of Zero FIR. 

4. Can police refuse to register FIR?

If you have details about a cognizable case for which you have information of or are an eyewitness too, the Police cannot refuse to register an FIR if the information provided discloses such a cognizable offence. However, they can conduct a preliminary inquiry before registering FIR if the information does not clearly indicate a cognizable offence.

This is what it should be in theory, but in practice, the police always try their best to not register an FIR for an offence. This is due to the fact that with the registration of an FIR, they would have to mobilize resources and force to conduct investigation for such an offence and then ultimately deduce the culprits responsible for the offence and then find and arrest such offenders and recover case property if any. For this they will make it there priority to refuse as many cases as they can to being able to lower their efforts.  

 

5. What is the next step after FIR?

After an FIR is registered, the police begin their investigation. This includes gathering of evidence, questioning of all the witnesses relevant to the case, and identifying suspects who may have been responsible for the crime.

For a situation where the complainant is a women and the offences relates to a crime against women or child, such as rape and related offences, assault or use of criminal force with an intent to outrage the modesty of a women, sexual harassment, voyeurism, stalking, word or gesture intended to insult the modesty of a women, Acid attack, then is such situations Section 173 BNSS provides that the information shall be recorded by a women police officer or any other women, at her residence, and it shall be mandatorily video graphed if the women is temporarily or permanently mentally or physically disabled.

For any other person, its basically a waiting game till the police initiates section 176 BNSS the investigation of the case.

 

6. But what if the police never starts the investigation after registration of FIR or does investigation that is deficient and the wait continues for the complainant/ victim?

In such a situation it is always advisable to head to the district court and file an application for monitoring of FIR before concerned magistrate having jurisdiction over the police station where such FIR was registered. This shall enable you to have check over the investigation in your matter through the help of court, which shall order the Investigating officer (I.O.) of your case to file status reports regarding investigation progress from time to time. Because of this, the I.O. of the case shall now always be on their tows with regards to proper and speedy investigation of your matter.     

 

7. What happens after 90 days of FIR?

  The Investigation should ordinarily start from the very date and time of the registration of FIR in theory. The I.O of the case is expected to make enquiry with relation to the offence committed and apprehend the suspects and accused persons in the matter. He is also tasked with bringing in relevant witnesses for proving the commission of crime along with securing the evidences that shall help proving of the crime in court of law. If the investigation is not completed within 90 days, the police must obtain permission from the court to continue the investigation. He can file for a chargesheet at the end of the 90-day time period in along with a supplementary chargesheet with further details of investigation at the end of extended time period for which he is allowed.

But, if the investigation is not completed within 90 days and I.O does not file any chargesheet in the matter, depending on the nature and severity of the case, chances are that the accused persons will be easily able to get the court of law to grant them bail.

 

8. How long is the FIR valid for?

 An FIR does not have a specific validity period. It remains valid until the investigation is completed and the case is resolved. Once an FIR is registered in a cognizable offence, non-compoundable offence, it can only be resolved after a court of law gives its judgement in the court or if both parties agree to a settlement or no result of the case or if the FIR is registered on apparent false grounds, the FIR can be quashed before the Hon’ble High Court of that state. 

 

9. How to fight against FIR?

To fight against an FIR, you can file a petition in the court to quash the FIR if it is based on false or fabricated information. You can also seek legal advice from a lawyer to manage and present a defence in your case before the appropriate court of law.

 

10. Can you withdraw your FIR?

Generally, an FIR for a cognizable offence cannot be withdrawn directly by the complainant as it represents offence against the State. Hence the FIR first needs to be investigated by the I.O. of the case and once he finds in his investigation that the FIR was filed on false grounds, or does not serve any purpose, he may file for cancellation before appropriate court of Judicial magistrate.  Yes, you can withdraw your FIR if you no longer wish to pursue the case before Hon’ble High Court and file for quashing of the FIR, but it is the sole discretion of the High Court to allow or disallow such a request based on the nature of the offence and other circumstances.

 

11. Can police close a case registered through an FIR?

Yes, the police can close a case if they find insufficient evidence or if the accused is acquitted by the court.

 

12. Is FIR a criminal record?

An FIR itself is not a criminal record. It is the first step in the criminal justice process, and a criminal record is created if the case proceeds to trial and results in a conviction of the accused.

 

13. How can I help the Investigating Officer appointed in my case?

You can certainly provide relevant details of your case by directly contacting the investigating officer assigned in your case or by way of a magistrate court that has jurisdiction over your FIR. The investigating officer will definitely contact the complainant of the case during the investigation; however, he is not bound to give any updates regarding investigation to the complainant in ordinary course of his investigation. Complainant can ask the magistrate court to direct the I.O. to provide updates to him/her.   

 

14. How to know which Magistrate court has jurisdiction in with my FIR?

The key to finding out the appropriate Judicial magistrate First Class (JMFC) court is the name of the police station and the district it falls in. In every District court in a state, there are JMFC’s that preside over police stations in their district. Now all you have to do is ask at the facilitation counter of the said district court or on website of the said district court, the name and court room number of the magistrate having jurisdiction over your police station.

For example, A got an FIR registered at Kalkaji Police station in Delhi. Now Kalkaji falls in South East district of Delhi, hence the appropriate district court shall be in Saket. Now going on website of Saket District Court or by inquiring about the same on help desk at Saket court, A can ask for the name and court room Number of the JMFC having jurisdiction over Kalkaji Police Station.

 

15. Does the complainant need to pay fee to get FIR Registered or does he/she get in trouble for registering FIR in the long run?

Absolutely Not. No fee needs to be paid to any officer of the police for lodging an FIR. Unofficially though there have been instances were corrupt officers demand money in the name of fee from the complainant, which is wrong and is also punishable in the eyes of law.

Also, the complainant does not need to worry about any action being taken on him/her for registering of an FIR before police in a legitimate case where a cognizable offence has taken place.  

 

Hopefully, these FAQ’s provided a relevant and deep insight into the process followed at the time of registration of FIR and beyond and answers all your questions regarding the subject.

If there are any other specific questions related to your personal cases, you can contact me directly by sending an email at support@legalprobe.in , and I shall try my level best to answer your query.

 

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Sources/ References:

Section 173 of BNSS

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Related Blogs:

All You Need to Know About Zero FIR: A Crucial Tool for Victims of Crime PART-1

All You Need to Know About Zero FIR: A Crucial Tool for Victims of Crime PART-2 

1.      Chapter XII (Sec 168-172) BNSS: How Police Measures Prevent Crime Before It Happens

1.   Old Meets New: A Comprehensive Guide to Investigation Procedures Under Section 176 BNSS

1.   Navigating The Hierarchy: Decoding Delhi Police  Officer Ranks

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Disclaimer: This Article/essay provides general information and does not constitute legal advice. Consult a qualified legal professional for specific cases.

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