FIR - POLITY
News: Filing
of FIR against Brij Bhushan is first step towards victory: Wrestlers
What's in the news?
● The
protesting wrestlers rejoiced "the first step towards victory" as
Delhi Police decided to file an FIR against WFI chief Brij Bhushan Sharan Singh
but they will continue their agitation and demanded that the BJP MP be removed
from all the positions he holds.
FIR:
● The
term first information report (FIR) is not
defined in the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC),
1973, or in any other law, but in police regulations or rules, information
recorded under Section 154 of CrPC is known as First Information Report (FIR).
● Section
154 (“Information in cognizable cases”) says that “every information relating
to the commission of a cognizable offence, if given orally to an officer in
charge of a police station, shall be reduced to writing by him or under his
direction.
Important elements of an FIR:
● The
information must relate to the commission
of a cognizable offence.
● It
should be given in writing or orally to
the head of the police station and
● It
must be written down and signed by the
informant, and its key points should be recorded in a daily diary.
Cognizable offence:
● A
cognizable offence is one in which a police officer may, in accordance with the
First Schedule of the CrPC, or under
any other law for the time being in force, make
an arrest without a warrant.
● In
the First Schedule, “the word ‘cognizable’ stands for ‘a police officer may
arrest without warrant’; and the word ‘non-cognizable’ stands for ‘a police
officer shall not arrest without warrant’.
Zero FIR:
● When
a police station receives a complaint regarding an alleged offence that has
been committed in the jurisdiction of
another police station, it registers an FIR, and then transfers it to the
concerned police station for further investigation. This is called a Zero FIR.
● No
regular FIR number is given. After receiving the Zero FIR, the concerned police
station registers a fresh FIR and starts the investigation.
Difference between a Complaint and an FIR:
● The
CrPC defines a “complaint” as “any allegation made orally or in writing to a
Magistrate, with a view to his taking action under this Code, that some person,
whether known or unknown, has committed an offence, but does not include a police report.
● However,
an FIR is the document that has been prepared
by the police after verifying the facts of the complaint. The FIR may
contain details of the crime and the alleged criminal.
What if the police refuse to register an FIR?
● Under
Section 154(3) CrPC, if any person is aggrieved by the refusal on the part of
the officer in charge of a police station to register an FIR, she can send the complaint to the Superintendent of
Police/DCP concerned who, if satisfied that such information discloses the
commission of a cognizable offence, will either investigate the case, or direct
an investigation by a subordinate police officer.
● If
no FIR is registered, the aggrieved persons can file a complaint under Section
156(3) CrPC before a concerned court
which, if satisfied that a cognizable offence is made out from the complaint,
will direct the police to register an FIR and conduct an investigation.