First Information Report

An FIR number is written on illegal cut tree trunk

A First Information Report or FIR is a written document prepared by the police in Bangladesh, India, Pakistan and Japan when they receive information about the commission of a cognizable offence. It is a report of information that reaches the police first in point of time and that is why it is called the First Information Report. It is generally a complaint lodged with the police by the victim of a cognizable offense or by someone on his/her behalf. Anyone can report the commission of a cognizable offence either orally or in writing to the police. A telephone call can also be treated as the basis for an FIR.

Importance

FIR is a very important document as it sets the process of criminal justice in motion. It is only after the FIR is registered in the police station that the police takes up investigation of the case. Anyone who knows about the commission of a cognizable offence can file an FIR. It is not necessary that only the victim of the crime should file an FIR. A police officer who comes to know about a cognizable offense can file an FIR himself/herself.

As described in law,

• When information about the commission of a cognizable offence is given orally, the police must write it down.
• The person giving information or making a complaint has a right to demand that the information recorded by the police be read to him/her.
• Once the information has been recorded by the police, it must be signed by the person giving the information.

It maybe interesting in the introduction (beginning), usually it is told to be defined ,stated or even classified. If you were to write an information report it is expected of you to use any of these three words written in bold.

After registering the FIR the contents of the FIR can not be changed. Only the High Court or Supreme Court of India have the power to quash the FIR.

FAQs

Note: Information in this section is specific to India

• Is a police officer duty bound to lodge FIR in every case?

Ans: The police officer is duty bound to lodge FIR in every cognizable case. And if a police officer gets a complaint from an aggrieved person about the cognizable offense, he must lodge a FIR. And if a police officer refuses to do so, one must approach the SP of the concerned area that a police officer has refused to lodge FIR.

• What does it mean if the police officer takes your complaint and gives you an acknowledgement? Does it mean FIR has been lodged?

Ans: No, it doesn't mean that the FIR has been lodged. It just means that the police officer has received a complaint and the police will see if a cognizable offense has been committed or not?

• How will you get to know that your FIR has been lodged or not?

Ans: If a FIR has been lodged, the police officer concerned shall write in their prescribed proforma in a form or in computer as the case may be. They will also write the relevant sections and the name of the accused persons if any of them are known to the complainant. The FIR shall also contain a reference number containing the year also.

• Can your complaint be FIR?

Ans: Yes. Your complaint can also be FIR provided they have written down the contents of your complaint in their prescribed proforma. Mere acknowledgment of receiving your complaint doesn't automatically convert it into FIR.

• Is it your right to get a copy of FIR?

Ans: Yes. Its your right to get a copy of your FIR free of cost from the police

• Should FIR be lodged ASAP? What will happen if there is a delay in filing FIR?

Ans: Yes, FIR must be lodged as soon as possible. If there is a delay in filing the FIR, it will help the accused because the accused shall get time to destroy the evidence, there shall be a problem in locating the witnesses and during the trial, the defense lawyer can make an allegation that FIR is an after thought.

• Why police refuse to file FIR?
  • Offense is not a cognizable offense.
  • Sometimes, they want to keep the crime graph low so if they don't lodge FIR, it will not show in the crime statistics in the area.
  • Sometimes, a party bribes police officers and that's why they refuse to lodge FIR.
  • In most of mobile theft cases, it is a common practice that police do not register a FIR but register a NCR (Non Criminal Record) so the graph of theft remains low.

• What should you do if the police officer refuses to lodge a FIR?

Ans: The Criminal Procedure Code has a provision under section 156(3) where an aggrieved person may file a petition before the magistrate asking for a direction to the police to lodge a FIR.

Further reading

• "First Information Report". Criminal Justice and Supreme court. Allied Publishers. 2005. pp. 5–19. ISBN 8177649043. 
• R. Deb (2002). "Police Investigations: A Review". In P. J. Alexander. Policing India in the New Millennium. Allied Publishers. pp. 120. ISBN 9788177642070. 
• Maneka Gandhi, Ozair Husain, Raj Panjwani (2006). "How to file an FIR". Animal Laws of India. Universal Law Publishing Co.. pp. 795. ISBN 9788175345287. 
• Sunil Godel. Courts Police Authorities & Common Man. srishti books. pp. 95–97. 

External links

• How can I have a first information report (FIR) registered at a police station? - Punjab Police website