Definition and Purpose:
First Information Report (FIR) can be lodged in accordance with Section 173 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)
- FIR is a written document prepared by the police upon receiving information about a cognizable offence, marking the initiation of an investigation.
- Purpose includes reducing oral information into writing, having it signed by the complainant, maintaining a record of cognizable offences, initiating investigation, and informing the Magistrate promptly about the recording of FIR through an occurrence report.
Power of FIR:
- Police can register FIRs for cognizable offences, allowing them to make arrests without a warrant.
Rule of FIR:
- Anyone with knowledge of a cognizable offence, including police officers, can file an FIR. When given orally, the police must document it.
Process after FIR:
- Once an FIR is filed, the police will start investigating, which involves collecting evidence, questioning witnesses, inspecting the crime scene, forensic testing, and recording statements.
Watch JudiX’s 1 minute video lecture on False FIR and presumption of genuineness of FIR under BNSS
FIR Quashing on Compromise:
- High Court can quash FIR based on compromise, through a petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS).
Filing an FIR - Eligibility:
- There are no strict eligibility rules; anyone with information about a cognizable offence can file, including victims, witnesses, or even police officers who become aware.
Types of FIR:
1. General FIR:
- Filed by an aggrieved party against another in a general transaction at the nearest police station.
2. Zero FIR:
- Given the number "0" and recorded regardless of the location. Transmitted to the jurisdictional police station where the offence occurred.
3. Cross FIR:
- Filed by the accused against the complainant after the initial FIR. Sometimes used for personal animosity or negotiating settlements.
4. Multiple FIR:
- Different informers file FIRs for the same cause of action, providing entirely new versions.
Importance of FIR:
- Sets the criminal law in motion, informs Magistrates and District S.P., helps judicial officers understand initial information, and protects the accused from future modifications in FIR.
Procedure to File an FIR:
1. Visit Nearest Police Station:
- Go to the nearest police station and provide information about the situation.
2. Oral or Written Information:
- Explain the situation orally or submit a written complaint to the duty officer.
3. Recording in General Diary:
- If provided orally, the duty officer writes down the information in the General or Daily Diary.
4. Written Complaint:
- If filing a written complaint, bring two copies. One is kept by the police, and the other is returned to the complainant.
5. Review of Information:
- Police review all details provided by the complainant.
6. Reading and Signing:
- Complainant reads the recorded information, ensuring accuracy, and signs the FIR.
7. FIR Number and Date:
- The complainant receives a free copy of the FIR with a unique number, date, and police station name.
8. Stamped Copies:
- Ensure both copies are stamped with a Daily Diary Number, proving the complaint's receipt.
Conditions for Filing FIR:
- Information must be about the commission of a criminal offence.
- Information can be provided orally or in writing by the informant.
- Information has to be recorded in writing by the officer in charge, signed by the informant if in writing.
- Substance of information is recorded in a prescribed book (General Diary) by the State Government.
- FIR must contain a complaint or accusation regarding the occurrence of a cognizable offence.
FAQs on FIR (First Information Report) under Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS):
1. Q: Who can file an FIR?
A: Anyone with information about a cognizable offence, including victims, witnesses, or even police officers who become aware, can file an FIR.
2. Q: What is the purpose of filing an FIR?
A: The purpose includes reducing oral information into writing, initiating an investigation, maintaining a record of cognizable offences, and promptly informing the Magistrate.
3. Q: What is the power of FIR?
A: Police can register FIRs for cognizable offences, enabling them to make arrests without a warrant.
4. Q: Can FIR be quashed on compromise?
A: Yes, the High Court can quash FIR based on compromise through a joint petition under Section 528 of BNSS.
5. Q: What is a Zero FIR?
A: Zero FIR is given the number "0" and can be filed at any police station. It is later transmitted to the jurisdictional police station where the offence occurred.
6. Q: How is the procedure to file an FIR?
A: Visit the nearest police station, provide information orally or in writing, have it recorded in the General Diary, review the information, read and sign the FIR, receive a stamped copy with a unique number and date.
7. Q: Can multiple FIRs be filed for the same cause of action?
A: Yes, different informers can file FIRs for the same cause of action, providing entirely new versions.
8. Q: What are the conditions for filing an FIR?
A: The information must be about the commission of a criminal offence, provided orally or in writing, recorded in writing by the officer in charge, signed by the informant if in writing, and must contain a complaint or accusation regarding the occurrence of a cognizable offence.
9. Q: How does FIR initiation impact the accused?
A: FIR sets the criminal law in motion, informs Magistrates and District S.P., helps judicial officers understand initial information, and protects the accused from future modifications.
10. Q: Is there a specific eligibility criterion for filing an FIR?
A: No strict eligibility rules; anyone with information about a cognizable offence can file an FIR, as per BNSS.
Notes on FIR under BNSS (Bharatiya Nagarik Suraksha Sanhita)
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