First Information Report (FIR) in India: Police Criminal Complaint

FIR means "First Information Report". This is meant that any information regarding a crime that is given by an individual and received by the police officials is called an FIR. After lodging a formal complaint, there is a legal proceeding. Filing of a FIR was earlier regulated by Section 154 of the Code of Criminal Procedure (CrPC) and since the new law i.e., the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), FIRs are dealt with Chapter 13 Section 173 onwards.

In any investigation process, as such, the first step is filing of an FIR. The FIR enables the police to take necessary measures to investigate the crime. This article provides detailed information on FIRs, their importance, and the process of filing one. It gives a comprehensive view from which it will be possible to understand this important legal document.

What is an FIR?

The first complaint the police receives about an offense that is punishable by law is referred to as a "First Information Report." It is formal written document that outlines the commission of a cognizable offence. By cognizable offence we mean that any action that the police without the interference of a court and make arrests, detentions and/or carry out investigations. As the formal documentation of a complaint, the FIR serves as the catalyst for the entire criminal process.

The FIR should primarily contain detailed information. However, it is emphasized that the below mentioned information should generally be part of the FIR.

• Date, time and place of the offense.

• Particulars related to the incident such as details of how the offense was committed.

• Names and addresses of persons concerned (victims, accused, witnesses etc.).

• Complainant's details (the person who makes the FIR).

• Evidence, if any, available at the time of submitting the FIR.

Significance of an FIR

The importance of an FIR arises from the following aspects:

• Triggers an Inquiry: The lodging of an FIR prompts the police to initiate an investigation into the alleged offense. In this entire process, they also collect evidence. It, therefore, is a launching ground for the criminal process.

• Protecting the Victim: The FIR submission ensures that the complaint of the victim goes on record, so police cannot dismiss or ignore the case. Secondly, it provides a written record of the fact that someone had filed a complaint.

• Frames the Case: The FIR frames any future trial or prosecution. It is the base that is going to be used to lodge the accusation against the suspect and provides a summary of charges within a case in the court.

• Transparency and Accountability: This stage ensures that the process is in the open and police actions are marked on record. This allows review if there is delay or any mistake in the procedure.

When and Where to File an FIR?

a)    When to File an FIR:
An FIR should be filed when:

• Someone commits a cognizable offense like murder, rape, theft, or kidnapping etc.,
• You have seen the crime happen or know about it firsthand.
• You suspect a crime might have taken place.

Ideally, FIR should be filed as soon as possible after the commission of the crime. If a long time elapses before the lodging of the FIR, officials will normally ask for a reason for this delay unless there was genuinely a good reason for it.

b)    Where to File FIR:

• Police Station: The victim must first go to the police station in the area where the crime happened. But if the police station is hard to reach for some reason, people can file the FIR at any nearby station. The police will then move it to the right place later.

• Online FIR: Most Indian states now let people file FIRs online for non-urgent cases like lost items or theft. For example, Delhi, Mumbai, and Bengaluru have set up online platforms to file FIRs.

How to File an FIR (other than online)

a)    Step 1: Visit the Police Station

The person reporting the crime should go to the nearest police station. It is advisable to pick a station in the vicinity of where the crime happened in order for the police station to take cognizance.

b)    Step 2: Share Detail

The person making the report needs to give all the facts about the incident and be able to establish a crime. This information includes when and where the crime took place, and who was involved. If anyone saw what happened, their names and other details should be provided.

c)    Step 3: Written Record

• By the Police Officer on Duty: The police officer who's on duty at the time should write the FIR. The details and facts of the case need to match what the complainant says. The FIR has to state the facts of the case.

• Signed by the Complainant: Once the FIR is ready, it needs to be read out to the complainant. The complainant should double-check the information to make sure it's right and complete. After if they’re in agreement with what is recorded, they will sign the FIR in the presence of the police.

d)    Step 4: FIR Copy

The police must give a free copy of the FIR to the person filing the complaint. This FIR copy serves as legal evidence of the complaint.

e)    Step 5: FIR Number

The police assign a number to the FIR and register the case. Filing an FIR makes the case an official investigation. The police are expected to begin investigating right away.

FIR Validity

An FIR filed never stands to lapse. Validity, in terms of proceeding legally and arrest, however, is attached by the investigation.

Key points about the validity of an FIR:

• Expiry Date: An FIR has no legal time limit. Police can file charges and make arrests based on the FIR for months or even years after someone files it. This depends on the type of crime and how the police investigate it.

• FIR is quashed: The High Court can cancel an FIR under Section 528 of the BNSS if it finds the FIR untrue, spiteful, or trivial. Judges do this to stop people from abusing the legal system. The court may throw out an FIR if it doesn't show clear evidence of a crime, or if both sides have settled their dispute.

• Investigative Validity: If no evidence exists or if the police believe the complaint is false or not cognizable, they can close the case. They do this by filing a final report under Section 169 of the CrPC. However, the complainant has the right to file a protest petition against such a closure.

• Withdrawal of FIR: Once filed, a complainant has the ability to withdraw an FIR under normal circumstances. Exceptions exist in certain cases where the law allows for a compromise between parties. Examples include matrimonial disputes or minor offenses.

What Happens When You Can Not File An FIR

When police officers refuse to file an FIR, the person making the complaint can do the following:

• Contact the Superintendent of Police: Any individual can send an email to SP or even the police Commissioner directing them to file the FIR.

• Ask a Magistrate for help: The person can just rush to the help of a magistrate. The magistrate can direct the police under section 210 of the BNSS to register a first information report and investigate the same.

• High Court: If police does not properly help affected person can file a writ petition with the high court.

The New Regime

With complexity and delay in its criminal justice system for long, India has always been unable to attain swift access to justice. Society's advancement requires the law to change with the tide. The Government of India has notified in force, three new significant laws that come into force on December 25, 2023, replacing the old framework of criminal jurisprudence in the country. They came into effect from July 1, 2024. The Indian Penal Code, 1861 is replaced by the Bharatiya Nyaya Sanhita, 2023 (BNS), the Criminal Procedure Code, 1973 by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and Indian Evidence Act, 1872 by the Bharatiya Sakshya Adhiniyam, 2023 (BSA).

• E-FIR

• Zero FIR

Conclusion

The FIR is key to India's criminal justice system. It kicks off the state's investigation process. The FIR is more than just paperwork; it's the first step that links a reported crime to the legal action that follows. This document protects the person filing the complaint by recording their concern. At the same time, it makes sure the police follow the law by holding them accountable for their actions.

From a legal standpoint, the FIR shows where personal rights and government duties meet. It recognizes when someone might have broken the social agreement forcing the state to do its job of keeping public order and giving out justice. Filing and investigation of an FIR is governed by some rules, which reflect the nature of a just, open, and responsible legal system which neither messes up state power's excesses nor individual freedom.

When looking at how valid and impactful an FIR is, you need to understand its bigger effects in Indian law. It stays on record forever showing that legal investigations keep going beyond just the current time to keep the chance for justice open even if it takes a while. Also, the protections against wrong use or carelessness through court oversight show the important checks and balances in a working democracy.

Therefore, the FIR is more than a procedural tool as it influences the entire legal system. It manifests how the law-enforcing agencies and citizens interplay and limit justice. For this reason, the FIR remains an integral part of criminal law in India.