First Information Report (FIR)
Who can register an FIR?
Any person/citizen who is a victim of a crime or is a witness any crime or has the knowledge of the crime can register an FIR.
When you should register an First Information Report ?
One can register an FIR any time soon after a crime happened to your or in case you witness any crime or accidence.
What are the other steps you can do in case police refuse to register an FIR?
In case, the police refuse to register an FIR, a written complaint can be sent to the concerned SP by post. The complainant can also approach the Judicial Magistrate under section 156 CR.P.C having its jurisdiction before the said Magistrate.
Does the complainant need to be present in person when the FIR is registered?
It is not mandatory for the complainant in person. It can be recorded through telephone, email and online. In the context of Delhi, you can go directly logged in their website and register the FIR.
Can FIR be registered via telephone, email or online in the police website?
Yes, it is possible. However, practically it is still a challenge as in case of serious allegation, the victims need to be taken for medico legal examination in the hospital and other procedure needs to be followed.
Why it is important to register an FIR immediately?
It is critical to register any crime immediately as that will the police to act faster and at the same time, the information is fresh in your head and you can narrate the information much clearer to the police. It will also protect you at the time of trail from the defence lawyer accusing you of the crime as an afterthought allegation against whom you have registered a case.
What are cognizable and non-cognizable offences?
Cognizable offence: are those offence for which a police officer has the powers to arrest without a warrant is defined as a cognizable offence. Offences like murder, rape, kidnapping, theft, robbery, fraud etc. are classified as cognizable offence.
Non cognizable offence: are those offence for which a police officer do not have the power to arrest the accused without warrant.
What is Bailable Offence and what is Non-Bailable Offence?
Bailable Offences are those offences where the accused has the right to get himself released on bail after his arrest if he can give sureties or personal bond to the satisfaction of the police officer.
Non-bailable offences are those offences where the police does not have the power to release the arrested person on bail (except under certain special circumstances). The arrested person is to be produced before the judicial magistrate within 24 hours of the arrest.
Whether a police officer can arrest a person without warrant?
Yes, a police officer can arrest a person without warrant if he/she has been involved in any cognizable offence.
Can I call police on the basis of suspicion?
Ans. In case you see anything unusual/suspicious, you can call the police anytime at 100 number which is toll free. Police will verify the facts and act accordingly.
Can I call police when I receive anonymous threatening calls?
Ans. If you get anonymous threatening or harassing, stalking calls, you can inform the local police station or control room (100). It is prudent that you should also inform the telephone department to put your telephone under observation.
What is the procedure for the complaints regarding the missing person?
Ans. Report the matter to the police personally or on phone at 100 when you are sure that the person is missing.
Things to remember while registering an First Information Report:
- Give an accurate and truthful statement to the police officer chronologically, for example how the crime triggered, the time, date, place and the names of those person involved- who did what?
- You can request the police for translator in case you are not comfortable in Hindi or English.
- Ensure that police read out the statement before you sign the FIR.
- Make sure that you request the copy of the FIR
- Ensure that accurate sections are charge against whom you are alleging for any crime.
- Consult a lawyer or look up the law/act.
- FIR copy is a cost free.
- Do not sign any blank copy.
- Do not exaggerate any information that you didn’t witness or happened.
- Do not file any false case against anyone out of vindictive vengeance or personal animosity.