Author is Senior lecturer at KCEF Law College Pulwama
A first information report (FIR) is a formal statement given to and recorded by the police regarding a cognizable offence. It is the earliest report made to the police & is intended to prompt the police into taking action, whether particular information would constitute an FIR depends upon the circumstance of each case.
An FIR serves several purposes. First it initiates a police investigation, & can lead to the arrest & prosecution of a criminal attended second an FIR provide an early report of commission of an offence- before memories fail or stories are changed. For this reason, an FIR is an extremely important piece of evidence.
As soon as a person is the victim of or witness to a crime they should write and sign a statement noting exactly what happened. This information should be given to the officer incharge of investigations at the police station, or if the officer incharge is not available, to the merit ranking officer in the station. It an oral statement is given to the police officer, then the police officer should write down the information on behalf of the informant and should read back to him or her so that he or she may verify the contents. The informant should then sign the statement.
An informant should not put anything into statement that he or she knows to be untrue or exaggerate what happened.
An FIR can be given over that telephone if the informant clearly identifies himself or herself, & if the information clearly & completely discloses the commission of a cognizable offence. An anonymous telephone call stating that a crime has been committed, which does not disclose the names of the accessed or the commission of a cognizable offence will not constitute an FIR.
The FIR should meet the following criteria:-
1. The FIR should contain information relating to the commission of cognizable offence;
2. It should include name and address of the informant/victim;
3. The name & address of the accessed (if known);
4. The date, place and time of the offence;
5. The details of the offence;
6. The identity of any witness;
7. An accurate description of what happened;
8. The reasons for any delay in reporting the offence;
9. The person making the complaint must sign the FIR;
10.The police are legally required to given the informant a copy of the FIR free of cost;
11.The FIR must be entered into the official diary of the police station at which it is entered;
Anyone can file a FIR. It is not necessary to be a victim of crime or even a witness to a crime. You can register an FIR even if your hear of an offence second hand.
The last but not least an FIR should be lodged as soon as the commission of an offence takes place. That allows police to promptly begin investigation, and allows for a more accurate account of events.
