The First Information Report (FIR) is a crucial document prepared by the police after receiving information regarding the commission of a cognizable offence. The FIR serves as the initial step in any criminal investigation, activating the process that could range from the police seeking custodial interrogation, filing a chargesheet based on evidence or closing the report if investigation yields no merit in the allegations.
Registration Procedure of FIR in Cognizable Offences
Section 154 of the Criminal Procedure Code (CrPC) enables police to register an FIR upon receiving information about a cognizable offence. In the case of cognizable offences, law enforcement officers can make an arrest without a warrant. Furthermore, there’s a provision for ‘Zero FIR’, wherein the police can file an FIR and transfer it to the appropriate station even if the reported offence has not taken place within their jurisdiction.
Penalties for Failure to Register an FIR
In line with the recommendations of Justice JS Verma committee in 2013, Section 166A was added to the Indian Penal Code (IPC). According to this section, any public servant who knowingly disregards the law, including refusal to record information related to a cognizable offence, can be punished with imprisonment up to two years and penalised with a fine.
FIR Provisions under The Protection of Children from Sexual Offences (POCSO) Act 2012
The POCSO Act requires immediate registration of an FIR upon receiving any information suspected to be a violation under the Act. This includes making it obligatory to file a report when receiving a complaint from a child. If an individual fails to report or record an offence, they can face up to six months of imprisonment, a fine, or both.
Preliminary Inquiry Before Registration of an FIR
According to a verdict in the Lalita Kumari vs Govt of UP and others (2013) case, the Supreme Court stated that the registration of an FIR is mandatory upon receiving information about a cognizable offence. The court highlighted that the scope of a preliminary inquiry isn’t to validate the received information, but merely to determine if the information indicates any cognizable offence.
Available Remedies in Case of Police Refusal to File an FIR
If the police in-charge refuses to file an FIR, the aggrieved party can approach the Superintendent of Police according to Section 154(3) of CrPC. Alternatively, as per Section 156 of CrPC, a complaint can be lodged before a Magistrate. The Supreme Court has clarified that such complaints will be treated as an FIR, permitting the police investigation to commence even in absence of a formal FIR.