First Information Report (FIR) is a significant document that marks the initiation of the criminal justice process. The FIR is registered at a police station, post which the police embark on the investigation of the case. Technically, an FIR represents the earliest information about the commission of a cognizable offence received by the police. This complaint can be lodged by the victim of such an offence or by someone on their behalf, either orally or in writing.
The term FIR, though not defined in the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC) 1973, or any other law, is widely recognized in police regulations. An FIR according to Section 154 of CrPC, must fulfill three key criteria: It must pertain to a cognizable offence; it should be presented orally or in written form to the station head; and it must be documented, signed by the informer, and its crucial points recorded in a daily diary.
The Procedure Post Filing an FIR
Upon the filing of an FIR, the police conduct a thorough investigation of the case, collecting evidence in the form of witness statements or other scientific materials. They can also apprehend the accused persons within legal boundaries. If enough evidence is available to back the complainant’s allegations, a charge sheet is filed. Alternatively, if no evidence is found, a Final Report stating the same is submitted in court. A cancellation report is filed if it is determined that no offence was committed and an ‘untraced’ report is filed if the accused cannot be located. However, the court reserves the right to order further investigation if it disagrees with the investigation report.
Action Against Unregistered FIRs
As per Section 154(3) CrPC, if a police officer refuses to register an FIR, the aggrieved person can escalate the complaint to the concerned Superintendent of Police/DCP. If the latter is convinced that a cognizable offence has occurred, they can either investigate the case themselves or delegate it to a subordinate officer. If an FIR remains unregistered, the complainant can file a complaint under Section 156(3) CrPC before the concerned court. If the court is satisfied with the complaint, it can direct the police to register an FIR and conduct an investigation.
The Concept of Zero FIR
A ‘Zero FIR’ is registered when a complaint about an offence committed outside the jurisdiction of a police station is reported. The FIR is then transferred to the appropriate police station for further investigation. Regular FIR does not assign a number to it. The police station receiving the Zero FIR then registers a fresh FIR and begins the investigation.
Comparison Between Cognizable and Non-Cognizable Offence
A cognizable offence allows the police to arrest the accused without a warrant and initiate the investigation without a court order. However, in a non-cognizable offence, the police have no authority to arrest without a warrant, and the police cannot investigate such an offence without the court’s permission. In the case of non-cognizable offences, an FIR under Section 155 CrPC is registered, and the complainant is asked to approach a court for an order. The court may then instruct the police to investigate the complaint.
Distinguishing Between a Complaint and an FIR
The CrPC defines a “complaint” as “any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence”. An FIR, on the other hand, is a document prepared by the police after verifying the facts of the complaint. It may contain details about the offence and the alleged criminal. If a complaint suggests a cognizable offence, an FIR under Section 154 CrPC is registered, and police investigation commences. If no offence is found, the police close the inquiry.
