This article has been written by Ms.Haya Khan, a student studying in B.A,LL.B. from Amity University,Kolkata.The author is a 2nd year Law student.
INTRODUCTION
An FIR or First Information Report is a written document that is filed by the police when a cognizable offense is committed. It is the first step in the criminal justice process and sets the tone for the investigation of the crime. The Indian Criminal Procedure Code (CrPC) mandates the filing of an FIR for certain offenses. In this article, we will discuss the concept of FIR, its legal significance, the procedure for filing an FIR, and the rights of the accused during and after the filing of an FIR.
MEANING AND LEGAL SIGNIFICANCE FIR
An FIR is a written document that sets forth the details of the offense committed, the identity of the accused, and other relevant information. It is filed with the police by the victim, a witness, or any other person who has knowledge of the offense. The police are duty-bound to register the FIR and commence an investigation into the offense.
The filing of an FIR is a crucial step in the criminal justice process. It sets the ball rolling for the investigation of the crime and the identification and arrest of the accused. It is also important from a legal perspective, as it serves as evidence of the commission of the crime and the initiation of the investigation.
PROCEDURE OF FILING AN FIR
The procedure for filing an FIR is outlined in Section 154 of the CrPC. According to this section, any person who has knowledge of the commission of a cognizable offense can file an FIR with the police. The term “cognizable offense” refers to an offense for which the police have the power to arrest without a warrant.
The FIR must be filed in writing, either in person or by post, and must be signed by the person filing it. If the person is illiterate or unable to sign, the police must obtain their thumb impression.
The FIR must contain the following details:
- The date, time, and location of the offense.
- The details of the offense committed.
- The identity of the accused, if known.
- The names and addresses of the witnesses, if any.
- After the FIR is filed, the police are duty-bound to register it and provide a copy to the person filing it.
- The police must also investigate the offense and take necessary steps to apprehend the accused.
RIGHTS OF ACCUSED DURING AND AFTER THE FIR
The filing of an FIR can have serious consequences for the accused. They may be arrested and detained by the police for the duration of the investigation. As such, the CrPC provides certain rights to the accused during and after the filing of an FIR.
One of the most important rights of the accused is the right to legal representation. They have the right to be represented by a lawyer during the investigation and trial of the offense. They also have the right to remain silent and not incriminate themselves during the investigation.
The accused also have the right to be informed of the charges against them. The police must inform the accused of the charges and the evidence against them when they are arrested. They must also be produced before a magistrate within 24 hours of their arrest.
The accused can also challenge the FIR if they believe that it is false or malicious. They can file a complaint with the police or the court, requesting that the FIR be quashed. The court may quash the FIR if it finds that there is no evidence to support the charges or if it finds that the FIR was filed with malafide intentions.
CASE LAWS RELATING TO F.I,R.
There are several case laws in India related to FIR (First Information Report). Here are some notable ones:
- Lalita Kumari v. Government of Uttar Pradesh (2014): This landmark case laid down guidelines on registration of FIRs in cases of cognizable offences. The court held that registration of FIR is mandatory under Section 154 of the Code of Criminal Procedure (CrPC), and police officers cannot conduct a preliminary inquiry before registering an FIR.
- T.T. Antony v. State of Kerala (2001): In this case, the Supreme Court held that an FIR is not an evidence in itself and cannot be used as substantive evidence in the trial of a case. However, it can be used to corroborate the oral evidence of witnesses.
- State of Haryana v. Bhajan Lal (1992): This case is known for laying down the concept of ‘FIR Quashing’ in India. The court held that if an FIR is filed with mala fide intention or with an ulterior motive, the court can quash the FIR under its inherent power under Section 482 of the CrPC.
- State of Bihar v. J.A.C. Saldanha (1980): In this case, the Supreme Court held that an FIR can be filed by any person who has knowledge of the commission of a cognizable offence. The court also observed that the contents of the FIR must be taken into consideration while deciding whether an offence is cognizable or not.
- Ramesh Kumari v. State of Rajasthan (2011): This case highlighted the importance of recording the reasons for not registering an FIR. The court held that if a police officer refuses to register an FIR, they must record the reasons for such refusal in writing and inform the complainant about the same.
These are some of the key case laws related to FIR in India, and there are several other judgments that deal with specific aspects of FIRs.
LEGAL ACTION WHEN POLICE DENIES TO TAKE F.I.R
When a police officer refuses to take an FIR (First Information Report), there are several legal steps that can be taken. Here are the steps you can take:
- Write a complaint to the Superintendent of Police (SP): The first step you should take is to write a complaint to the SP of the district. The complaint should explain the incident and the reasons why the police officer refused to take the FIR.
- File a complaint with the Magistrate: If the SP does not respond or takes no action, you can file a complaint with the Magistrate under Section 156(3) of the Code of Criminal Procedure. This section empowers the Magistrate to order the police to investigate the matter and file an FIR.
- File a writ petition: If the Magistrate does not take any action, you can file a writ petition in the High Court or the Supreme Court under Article 226 or Article 32 of the Constitution of India respectively. These articles give the right to individuals to approach the courts in case of violation of their fundamental rights.
- File a complaint with the State Human Rights Commission: If you believe that your rights have been violated, you can file a complaint with the State Human Rights Commission. This commission has the power to investigate and take action against police officers who violate human rights.
CONCLUSION
An FIR is a crucial step in the criminal justice process. It sets forth the details of the offense committed, the identity of the accused, and other relevant information. The police are duty-bound to register the FIR and commence an investigation into the offense. The accused have certain rights during and after the filing of an FIR, including the right to legal.
REFERENCES
https://blog.ipleaders.in/first-information-report-everything-important-you-should-know-about/
https://www.legalserviceindia.com/Criminallaws/fir.htm
https://indiankanoon.org/doc/10239019/
https://indiankanoon.org/doc/1974324/
https://indiankanoon.org/doc/1033637/?type=print
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