If you are wondering how to file FIR for criminal cases, this guide explains the complete process, rules & your legal rights. When you encounter with any criminal incidents like rape, theft, assault or any cognizable offence, FIR is required to initiate the police investigation.
This guide helps you with a detailed understanding of the process of filing an FIR & protecting your rights legally. Let’s get started by understanding what is FIR?
File FIR For Criminal Cases in India - Decoding Complex Legal Process
What is First Information Record [FIR]?
The First Information Report (FIR) is a written document prepared by a police officer on receiving information about the commission of a cognizable offence. It essentially contains information on when and where the crime has occurred; its nature, manner, details, and other particulars of the informant and the accused.
It sets the investigation in motion and initiates the legal process. It helps law enforcement understand the situation and take necessary actions, contributing to maintaining law and order in the community. Whereas for the citizens, it is a form of complaint mechanism which initiates the legal process that enables them to seek a remedy for their grievances.
Who Can File An FIR in Criminal Cases?
An FIR can be filed by the victim of the offense or any person on behalf of him or her.
A person who has witnessed a crime taking place or has information about the commission of the offense can also file an FIR. The person who files an FIR shall be deemed the informant.
Many people don’t know how to file FIR for criminal cases & often they hesitate or delay the process. Knowing what has to be done can give you more control over the situation. If you are the victim of any criminal activity, be the first to approach the police & file an FIR without delay & fear.
When To File An FIR For Cognizable Offenses?
An FIR can only be filed for cognizable offences which means the offenses which are usually more serious involving punishment of 3 or more years of imprisonment under the BNS (then IPC) such as rape, murder, theft etc.
Where To File An FIR For Criminal Cases in India?
An FIR should be filed in the police station nearest to your place of residence or the place where the crime has taken place.
In case a FIR is filed in a police station not having jurisdiction, it will be considered as a zero FIR, and the police officer shall transfer it to the station having jurisdiction.
Step-By-Step Process: How To File FIR for Criminal Cases?
Here’s How to File An FIR For Criminal Cases in India –
Step 1: If you have information or witnessed the commission of a crime, go to the nearest police station and tell the officers every detail of it starting from when and where it happened and other particulars of the crime as well as the suspect.
Step 2: You can either tell the police officer about it orally or in a written format.
Step 3: If you tell the police officer on duty verbally, then the officer shall write it down and the written document shall act as an official FIR., he shall then record it in the General Diary or the Daily Diary.
Step 4: If you file a written complaint, you must bring two copies with you. One will be given to the duty officer, and the other will be returned to you
Step 5: After you submit the information, the police will go over all of the details and the information recorded by the police will be read to you.
Step 6: After the police have recorded the information, you must sign the FIR after you have verified that the information recorded by the police is correct.
Step 7: After registration of FIR a free copy of the FIR along with an FIR number, the date of the FIR, and the name of the Police Station will be provided to the informant.
Step 8: Once you have finished filing the FIR, you have to follow up with the police officer giving them necessary details further required. Your cooperation makes their investigation stronger.
Legal Rules To Follow While Filing an FIR for Criminal Cases
- An FIR should be filed soon after the occurrence of the incident; in case of delay, it shall also be specified in the report.
- All the information that is considered relevant in the eyes of the law shall also be reported in a way that a common man could understand.
- Ensure that all the contents of the FIR are read carefully before signing it.
- In case of information given verbally, ensure that the police officer has taken down the report in writing.
- Make sure the arrival and departure time is also mentioned in the FIR and the Daily Diary (DD) register of the Police Station.
What Details Are Recorded in an FIR for Criminal Cases?
- The date and approximate time of occurrence of the offence
- Date and time of reporting
- Place of occurrence
- The Police station is filled
- A brief description of the actual offense
- Name, details and address of the informant
- Name, details and address of the accused
- A brief description of the actual offence
- Details and value of stolen property in case of theft
- Section of law that applies to the offence
- Signature of the complainant
What Are The Legal Rights of A Complainant After Filing An FIR?
Once the FIR has been filed, the complainant has a right to receive a copy of the FIR free of cost.
No confession or complaint made before the police officer while filing an FIR can be used in the court of law. He can alter his/her sayings in the FIR if necessary for the correctness but he has to give sufficient reasons for the same.
What To Do If Police Refuses To File An FIR for Criminal Cases in India?
In case the police officer refuses to file an FIR, it is in itself considered an offence committed by the officer. In that case, the complainant can approach the SP, who shall investigate and register the matter, or he can file a complaint in the jurisdictional court.
By following the above given steps and complying with the rules you can file an FIR. Remember that an FIR is not just a piece of paper but it’s your first step in seeking justice.
Concluding This...
When you are the victim of any criminal activity, be it has small impact or big impact on you, you should know how to file FIR for criminal cases & fight for the justice.
The right approach against the cognizable offense can make your case stronger & easier to provide justice. Our team of expert lawyers always suggests going ahead & filing an FIR without rejection or delays.
Sources: India Code – Criminal Laws | Delhi Police FIR Guidelines | Ministry of Home Affairs
Note: This guide is for informational purpose only and not a substitute for legal advise.
