F.I.R

Part 1: Basic Introduction

‘First information report generally known as F.I.R. is the first step into setting the criminal law in motion’ remarked CJ Dutta during entertain Criminal PIL filled by Ex- Chief of Mumbai police Param Vir Singh[1]. F.I.R. is not define nowhere neither under Criminal procedure code (Cr.P.C.) nor other Indian legislature.
F.I.R. is the primary information to nearest police station about the cognizable offence either by the aggrieved party or his/her/their parents, relatives or by the friends or by the any other person who has knowledge that cognizable offence happened. Such information can also be given via telephone, letter or an email. If the informant so desires, he can also file an E-FIR on the online portal of the concerned State. F.I.R should make as soon as soon as possible because delay create doubt about the creditability of FIR and Complaint’s intention.[2]
It is compulsory under Section 154 Cr.P.C. to logged F.I.R without preliminary enquiry. In the case of Lalita Kumari V. govt. of UP[3] Supreme Court held that there is no need to preliminary investigation before logged F.I.R in the case of cognizable offence excluding the following cases –
Family & Matrimonial Disputes,
Commercial offences,
Medical negligence,
Corruption and
Cases where there has been a delay of more than 3 months in initiating a criminal prosecution.
It is the duty of Station house office (SHO) or authorised police officer to logged F.I.R.[4] If such officer denies or refuse to do so, would liable under Section 166A of the Indian Penal Code(IPC).
In upwards condition, Aggrieved person can go to district Superintendent of Police under Section 154(3) with detailed information in written application. Following that, if the SP believes the information indicates the commission of a cognizable offence, he can examine the matter himself or order any subordinate police officer to do so.
If SP also refuse to investigate the same, in that situation, Aggrieved person can approach to Judicial magistrate having jurisdiction with complaint under Section 156(3) of Cr.P.C. and judicial magistrate can order using the power of section 190 of Cr.P.C. to log FIR.
In the rare of rarest case, Supreme Court or High Court can order to logged F.I.R under Article 32 or Article 226 of Indian Constitution.[5]

Manner To Log F.I.R.

(I) The information (if given orally) will be written on paper by the policeman on the complainant’s instructions and reported in a State Government-approved diary;
(II) The written information must be read over to the informant, who must sign the statement. If the complainant refuses to sign the F.I.R., he or she will be punished under section 180 I.P.C.
(III) If the victim is a woman ,accused of committing an offence under sections 326A, 326 B, 354, 354AD, 376, 376A-E, and 509 of I.P.C., the report must be registered by a female cop exclusively.[6]
(IV) Whether the complainant is partially or fully disabled, the police officer is responsible for recording the F.I.R. at his home.[7]
(V) The complainant must be issued with a free copy of the F.I.R.[8]

Types Of F.I.R.

There are many kinds of F.I.R. Some important types are following:

1. General F.I.R.:

   General F.I.R. is a F.I.R. logged by the aggrieved party or by the first party against another party in general transactions in the nearest police station. Its normally does

2. Zero F.I.R.:

   Normally F.I.R logged by the serial number in the Police station which has jurisdiction to investigate the crime but Zero F.I.R logged anywhere around the India which don’t have jurisdiction to investigate the crime without any serial number. After Nibhaya Gang Rape case in 2012, Justice Varma committee suggested the provision of Zero F.I.R.
   In 2013, Ministry of Home Affairs had circulated many advisory regarding Zero F.I.R. On September 19, 2019 On the basis of a PIL petition led by Adv. S. Umapathi alleging about the non-registration of ZERO FIRs, the division bench of the Karnataka High Court gave the following instructions on the basis of advisories of Ministry of Home Affairs:
   
   1. if the suspected offence happened even outside the Police station’s local jurisdiction, the FIR must be filed and forwarded to the appropriate Police station.
   2. Failure to comply with the order to register a FIR and receive information about a cognizable offence can result in liability of the police officer under section 166-A of the Indian Penal Code, as well as departmental action.

3. Cross F.I.R:

   When both parties logged F.I.R. against each other regarding same incident then it’s called Cross F.I.R.
    

4. Multiple F.I.R:

   When aggrieved parties make multiple F.I.R. with same cause of actio , it’s called multiple F.I.R. In the case of Surender Kaushik v/s State of U.P.[9] in this case the Court took into account all previous precedents and reaffirmed its position on the prohibition on filing multiple F.I.Rs for the same offence merely because multiple complaints on the same crime by separate sources will jeopardise the inquiry. Only if the later informer accounts for an entirely new version of the suspected event will multiple F.I. R’s be filed.

End-Notes:

1. Court room Argument in Criminal PIL Filled by Param Vir Singh 2021
2. Salikram Vs State of Haryana 2007 SC
3. Lalita Kumari V. govt. of UP (2014) 2 SCC 1
4. Parkash Singh Badal vs. State of Punjab (2007) 1 SCC 1.
5. Supra Note 1
6. Code of criminal procedure, 1973 (Act No.02 of 1974), S.154(1) provided - Ins. by Act 13 of 2013, s. 13 (w.e.f. 3-2-2013
7. ibid provided - [Ins. by Act 13 of 2013, s. 13 (w.e.f. 3-2-2013)]
8. Code of criminal procedure, 1973 (Act No.02 of 1974), S.154(2)
9. Surender Kaushik v/s State of U.P., [Cr Appeal 305/2013]