F.I.R.

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1. WHAT?
WHO?
WHERE?
HOW?
REGISTRATION OF F.I.R.
REFUSAL TO REGISTER F.I.R.
DELAY
ONLINE FILING
FIRST INFORMATION REPORT
BY AYUSHI GUPTA

FOUNDING PARTNER: A & T LEGAL
LL.B. – CAMPUS LAW CENTRE, DU
B.COM (H) – SHRI RAM COLLEGE OF COMMERCE

2.  Not defined under the Code of Criminal
Procedure, 1973 (CrPc)

 Closest inference is drawn from Section
154 CrPc which says - Information relating
to a cognizable offence given to a police
officer by any person.



 The Hon’ble Supreme Court of India, in
T.T.Antony vs. State of Kerala & Ors., held:

“Information given under sub-section
(1) of Section 154 of Cr.P.C., is
commonly known as the First
Information Report (FIR), though this
term is not used in the Code….And as
WHAT IS F.I.R.?
Where police officer can arrest
without a warrant

3. it’s nick name suggests, it is the
earliest and the first information of a
cognizable offence recorded by an
officer in charge of a police station.”

 It is different from Complaint




F.I.R
•Cognizable
offence
•Given to a
police officer of
nearest station
Complaint
•Both non-
cognizable and
cognizable
offence
•Given to a
magistrate

4.  Section 154 doesn’t specify

 Uses the word ‘Informant’ - any Person

 Need not necessarily be the victim or the
injured

 Can be an eye-witness

 Any person with knowledge of the crime


WHO CAN FILE F.I.R.?

5.  F.I.R. can be filed in the police station of
the concerned area in whose jurisdiction
the offence has occurred.

 As per Section 156 CrPc – Power to police
officer investigate any cognizable case,
without the order of a Magistrate, which a
Court having jurisdiction over the local
area within the limits of such station would
have power to try


WHERE IS F.I.R. FILED?

6.  Given orally – Reduce to writing + Read to
the Informant + Signed by Informant

 Given in writing – Signed by Informant

 Substance of Information to be entered in
the Station Diary

 Copy of F.I.R. to be given to Informant for
free


HOW IS F.I.R. FILED?

7. In the case of Lalita Kumari vs. Govt. of
U.P., the Hon’ble Supreme Court gave
certain directions to be followed in regards
to Registration of an F.I.R.






Petitioner filed a missing
report at the police station wrt
his minor daughter
Asked to pay money to
initiate investigation
and make arrest
Filed Petition
U/A 32 of the
Constitution
F.I.R. registered but no
action taken by the police
REGISTRATION OF F.I.R.
Facts:

8. GUIDELINES
For cognizable offence
 Registration of FIR is mandatory under
section 154 CrPc
 No preliminary inquiry is permissible

If not cognizable but indicates
necessity for inquiry:

 Conduct preliminary inquiry
 Ascertain whether Cognizable
or Non Cognizable
Examples:
 Matrimonial disputes
family disputes
 Commercial offence
 Medical negligence cases
 Corruption cases
 Cases where there is
abnormal delay in
initiating criminal
prosecution

9. Enquiry ends in
closing complaint:

Copy of entry of
closure to Informant
in a week + giving
reasons
Cognizable:

Register F.I.R.
 Duty to register
 Action against erring officer
if doesn’t register
Scope of inquiry:

 Not to verify veracity of
information
 Ascertain whether Cognizable or
Non Cognizable
 Time bound enquiry within 7 days
 If delay, reasons to be entered in
the diary
Station Diary = Record of all info received
at a P.S.
 Info relating to Cognizable Offence –
mandatorily entered
 Reasons for decision to conduct inquiry

10.  If police officer refuses to record
information – Informant - sends the
substance of such information, in writing
and by post, to the Superintendent of
Police concerned.

 If SP satisfied that such information
discloses the commission of a cognizable
offence - either investigate the case
himself or direct an investigation to be
made by any police officer subordinate to
him.

 Refusal to register F.I.R. is valid on 2
grounds:

 Where offence committed is beyond
the territorial jurisdiction of a police
station - Information should be
recorded and forwarded to the
REFUSAL TO REGISTER F.I.R.

11. appropriate police-station having
jurisdiction

 It discloses a non-cognizable offence
- He must inform the informant and
direct him to file a complaint to the
magistrate (Section 155)

12.  Law hasn’t prescribed any time for lodging
F.I.R

 It is an accepted rule that F.I.R. should
invariably be filed promptly, expeditiously
and without wasting any time.

 May be due to the ignorance or actions of
the police or mistake by the informant
himself.

 If there is a delay on the part of police, they
must provide substantial grounds for such
delay and no vague basis of delay would be
sufficient in the eyes of law.

 If by prosecution - substantiate the factual
difficulties encountered by the person in
lodging the report.
DELAY IN FILING F.I.R.

13.  e-FIR - only for cognizable offences

 In the case of non-cognisable offences -
only a complaint can be filed online

 After the complaint is filed, it can be later
escalated into an FIR after seeking
permission from the Magistrate

 However, there are some states/union
territories allow submission for both FIRs
and complaints

 Register on website of the concerned
State/UT police

 Provide email id to receive a copy of the
complaint/F.I.R.

ONLINE F.I.R./POLICE
REPORT/COMPLAINT

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