Who can file an F.I.R.?
In India, any person can file a First Information Report (F.I.R.) under the Code of Criminal Procedure, 1973. Here’s a detailed explanation of who can file an F.I.R.
- Victims of a Crime:
The most common individuals who file an F.I.R. are the victims of a crime. If you have experienced a crime, been subjected to an offense, or witnessed a crime, you can file an F.I.R. related to that particular incident.
Witnesses who have information about a crime and want to report it to the police can file an F.I.R. Witnesses play a vital role in the criminal justice system by reporting what they have seen or heard.
- Legal Guardians or Representatives:
In cases where the victim is a minor or mentally incapacitated, the legal guardian or representative can file an F.I.R. on their behalf. This ensures that even those who cannot do it themselves are protected by the law.
- Concerned Family Members:
Family members or close relatives of the victim or person affected by a crime can file an F.I.R. on their behalf. They may do so if the victim is unable to report the incident personally.
- Police Officer on Duty:
A police officer who receives information about a cognizable offense during the course of their duty is obligated to register an F.I.R. based on that information. They must not refuse to register the F.I.R. if the information relates to a cognizable offense.
- Magistrate’s Orders:
A magistrate can direct the police to register an F.I.R. if they are informed about a cognizable offense, even if the police initially refuse to do so.
- Information Received through Other Means:
Any person who obtains information about a cognizable offense, such as through phone calls, letters, emails, or social media, can report it to the police, and the police will file an F.I.R. based on that information.
Any person who is a victim of a crime, a witness to a crime, a legal guardian or representative, a concerned family member, or even a police officer on duty can file a First Information Report (F.I.R.) in India. Additionally, a magistrate can direct the police to register an F.I.R. based on received information about a cognizable offense.
Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304