What is a First Information Report “FIR”
What is a First Information Report “FIR”
A First Information Report (FIR) is a written document prepared by the police when they receive information about the commission of a cognizable offence. It is the first formal step in the criminal justice process, and it sets the process of investigation in motion.
An FIR can be filed by anyone, including the victim of the crime, a witness, or even a third party. It can be filed at any police station, regardless of where the crime occurred.
The FIR must contain the following information:
- The name and address of the informant
- The date and time of the occurrence
- The place of the occurrence
- The name and address of the accused person (if known)
- A brief description of the offence committed
Once the FIR is registered, the police officer in charge of the case will investigate the offence and collect evidence. If the police officer finds sufficient evidence to support the allegations in the FIR, they will file a charge sheet against the accused person. The case will then proceed to trial in a court of law.
Illustration
A person is robbed at gunpoint on the street. The victim goes to the nearest police station and files an FIR. The FIR contains the following information:
- The victim’s name and address
- The date and time of the robbery
- The place of the robbery
- The description of the accused person (a tall man with a black beard and a black hoodie)
- A brief description of the offence committed (the accused person pointed a gun at the victim and demanded their money and phone. The victim complied, and the accused person fled the scene.)
Example
In the case of State of Maharashtra v. Pradeep Dhanaji Lokhande (2017), the Supreme Court of India held that an FIR is a very important document, as it sets the process of criminal justice in motion. The Court also held that the police are obligated to register an FIR whenever they receive information about the commission of a cognizable offence.
In that case, the accused person was arrested for the offence of murder. However, the police refused to register an FIR against him. The accused person’s family filed a petition in the Supreme Court, seeking a direction to the police to register an FIR.
The Supreme Court directed the police to register an FIR against the accused person. The Court held that the police cannot refuse to register an FIR, even if they do not believe that the informant has a genuine case. The Court also held that the police cannot refuse to register an FIR on the ground that the offence is not cognizable.
The FIR is a very important document in the Indian criminal justice system. It ensures that all cognizable offences are investigated and that the accused persons are brought to justice.
Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304
