FIR- First Information Report
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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 a report of information that reaches the police first in point of time and that is why it is called the First Information Report. It is generally a complaint lodged with the police by the victim of a cognizable offence or by someone on his/her behalf. Anyone can report the commission of a cognizable offence either orally or in writing to the police. Even a telephonic message can be treated as an FIR. It is a duty of police to register FIR without any delay or excuses. Non-registration of FIR is an offence and can be a ground for disciplinary action against the concerned police officer.
Every information under section 154 criminal procedure Code is called FIR. The Information is given to police officer and reduced to writing as required by this section is known as the First Information. FIR is not mentioned in the criminal procedure Code, but these words are understood to mean information recorded under this section.
First information is that information which is given to the police first in point of time and not that which police may select and record as first information. The information contemplated must be in the nature of the complaint or accusation with the object of setting the law in motion.
The word information mean something in the nature of complaint or accusation or at least information of a crime given with the object of putting the police in motion in order to investigate as distinguished from information obtained by the police when actively investigating a crime. As a matter of the fact all statement whether one or more relating to the commission of a cognizable offence made to the police before the commencement of investigation can very well be designated as first information reports.
it is great importance to determine whether a statement falls under this section or not. For if a statement is one made under this section it is admissible in evidence but if it is one coming under section 162 it cannot be used save for the purpose mentioned therein. The information recorded under this section is known as first information. All statement recorded subsequent to the staring of the investigation fall under section 162. Where therefore no formal investigation is commenced upon the information such information does not fall under this section nor would statement recorded by police till they commence the investigation come within the provision of section 162.
No doubt gossip or rumor or hearsay would not ordinarily fall with the scope of this section but if someone goes to a police station and definitely tells the officer in charge that a cognizable offence has been committed and that statement is made with a view to inducing the police officer to enquire into matter, there is no reason for refusing to cal lit information relating to the commission of cognizable offence with the meaning of this section.
A cognizable offence is one in which the police may arrest a person without warrant. They are authorized to start investigation into a cognizable case on their own and do not require any orders from the court to do so.
A non-cognizable offence is an offence in which a police officer has no authority to arrest without warrant. The police cannot investigate such an offence without the courtís permission.
Why is FIR important?
FIR is a very important document as it sets the process of criminal justice in motion. It is only after the FIR is registered in the police station that the police start investigation of the case. According to Articles 21, 22, 23, 25, 49, 50 of Qanoon-e-Shahadat Order 1984, FIR is a relevant fact.
Who can lodge FIR?
Anyone who knows about the commission of a cognizable offence can file an FIR. It is not necessary that only the victim of the crime should file an FIR. A police officer that comes to know about a cognizable offence can file an FIR himself/herself. You can file FIR if:
a. You are the person against whom the offence has been committed.
b. You know yourself about an offence, which has been committed.
c. You have seen the offence being committed. The police may not investigate a
complaint even if you file an FIR, when:
1. The case is not serious in nature.
2. The police feel that there is not enough ground to investigate.
3. The police resources are already over-committed in investigating more serious offences. However, the police must record the reasons for not
conducting an investigation and in the latter case must inform you (Section 157 of the Code of Criminal Procedure, 1898).
What is the procedure of filling FIR?
The procedure of filing an FIR is prescribed in Section 154 of the Code of Criminal Procedure, 1898. It is as follows:
I. When information about the commission of a cognizable offence is given
orally, the police must write it down.
II. It is your right as a person giving information or making a complaint to
demand that the information recorded by the police is read over to you.
III. Once the police have recorded the information in the FIR Register, the person
giving the information must sign it.
IV. You should sign the report only after verifying that the information recorded
by the police is as per the details given by you.
V. People who cannot read or write must put their left thumb impression on the
document after being satisfied that it is a correct record.
VI. Always ask for a copy of the FIR, if the police do not give it to you.
VII. It is your right to get a copy of FIR free of cost.
What should you mention in the FIR?
1. Your name and address;
2. Date, Time and Location of the incident you are reporting;
3. The true facts of the incident as they occurred, including the use of weapons, if any;
4. Names and description of the persons involved in the incident;
5. Names and addresses of witnesses, if any. (Format used by the police for the registration of FIR is attached).
Things you should NOT do:
1 Never file a false complaint or give wrong information to the police. You can
be prosecuted under law for giving wrong information or for misleading the
police (Section 182 of the Pakistan Penal Code, 1860).
2 Never exaggerate or distort facts.
3 Never make vague or unclear statements.
4 One who refuses to sign his statement of FIR can be prosecuted under section
180 of Pakistan Penal Code, 1860.
5 One who lodges a false charge of offence made with intent to injure a person can
be prosecuted under section 211 of Pakistan Penal Code, 1860.
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