Legal Knowledge

All of you need to know about the First Information Report (F.I.R).
All of you need to know about the First Information Report (F.I.R).

All of you need to know about the First Information Report (F.I.R).
 X lived with her wife. One evening, he returning from office, and enter the house he found his wife injured and frightened. two men had rung the door bell claiming to come from a courier service, and had barged into the house. They had then robbed her gold chain and diamond ring. By the time the neighbors heard her screams and came to help, the two man who barged into the house and robbed they escaped in a bike which is parked downstairs. One of the neighbors managed to take a hazy photo of the bike on his mobile phone, with which they could identify the model of car and also the number of the car.  X was asked to go the police station and file a complaint.

Like X, most of us don’t know what to do next in situations like this.The First Information Report (F.I.R). is the first and the most important document to initiate a criminal proceeding. Here's some point what to remember about the First Information Report (F.I.R).

Who can be lodge a  First Information Report (F.I.R)? 
First Information Report (F.I.R) can be lodged by the victim, a witness who present at the time of the incident, place of incident and scene of the incident, or any person who have the knowledge about the incident.

Why lodge a First Information Report (F.I.R)?
The First Information Report (F.I.R)  is the most important document that initiates the criminal proceeding to punish the guilty.
in case of theft or damage to property, a First Information Report (F.I.R)  is necessary to claim insurance or protect yourself from any liability arising from the misuse of your property.

The first information report (FIR) is filed for which type of offense?  
The police can register the First Information Report (F.I.R) only for cognizable offence-
 IN cognizable offence police officer has the power to arrest without a warrant.

Here some example to understand the Cognizable offence and Non-cognizable offence.

Cognizable offence- cognizable offence are such as include murder, Rape, Theft, Attack, etc.
Non- Cognizable offence- Non- Cognizable offence are such as Bigamy or defamation, the police cannot arrest without a warrant and thus cannot register a First Information Report (F.I.R).The complaint is sent to the judicial magistrate for action.

When to register First Information Report (F.I.R)?
 The First Information Report (F.I.R) has to be registered at the earliest point of time after the incident.

Where to register First Information Report (F.I.R)?
 the First Information Report (F.I.R) should be registered in the police station within whose geographical limits the crime took place. But in case of an emergency, there is no bar on any other police station registering the FIR and then transferring the investigation to the correct station. Also, it is not always necessary to go in person to register the  First Information Report (F.I.R). In an emergency, the police can register a First Information Report (F.I.R).based on a phone call or e-mail.

How to register First Information Report (F.I.R)?
 The First Information Report (F.I.R)  should mention the date and time of the incident and the identity of the accused (if known) in a precise manner. After it is registered, the complainant is entitled to a copy free of charge. The Crime Number in the FIR is the reference for all future follow-ups.

As for the police, once the First Information Report (F.I.R). is registered, they have to investigate the case, record statements of all witnesses, and file a final report. If the police conclude that there is no basis for the complaint or no evidence available to prosecute the case, further action is dropped. This has to be communicated to the complainant. If there is enough evidence, the final charge sheet is submitted before Court and the trial begins.  If the police refuse to register a First Information Report (F.I.R)., a written complaint can be sent to the Superintendent of Police. A complaint may also be given directly to the Judicial Magistrate, who can direct the police to investigate the case.

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