LOK ADALAT || FIRST INFORMATION REPORT ( FIR )

What is First Information Report (FIR)?

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FIRST INFORMATION REPORT (FIR)

INTRODUCTION:

FIR is the written document prepared by a police officer or (organization) in countries including India, Pakistan, Bangladesh when received information about the commission of a cognizable offense. It is generally FIR lodged with the police officer by the victim of a cognizable offense or by someone on his or her behalf, but any can make such a report either written or orally to the police. Investigation works start with the police after the lodged FIR Under section 154 of CRPC 1973. (T. T. Antony vs. State of Kerala & Ors)

ACCORDING TO THE LAW:

When the information about the commission of a cognizable offense is given orally the police must write down
The persons giving the information (complaint) have a right to demand that the information recorded by the police to be read to him or her
One the information has been recorded by the police, it must be signed by the person giving the information
The person giving the information (complaint) can get a free copy of the FIR

(Note: an FIR contains TIME, DATE, PLACE, DETAIL, DESCRIPTION)

Zero FIR:

To the law zero FIR can be filed in any police station by the victim irrespective of residence, crime place. Even if you are far away from the crime place of incident or unaware of the right of the jurisdiction. You can successfully file FIR in any police station.

Delay FIR:

Lodging FIR makes an FIR unreliable and there is a possibility of false implication of an accused person by fabricating untrue stories through a witness who has not actually seen the occurrence case law (Thulia Kali v/s State of Tamil Nadu)

IF the delay in lodging FIR is reasonably explained and court satisfied with such explanation, then it does not make FIR doubtful CASE LAW (RAMJAG V/S STATE OF UTTAR PRADESH)

EVIDENTIARY VALUE OF FIRST INFORMATION REPORT:

The value of the FIR is not a substantive piece of evidence. It has value only for the purpose of corroborating. CASE LAW (R.PAYANI V/S STATE)

PROCEDURE OF CANCELLATION OF THE FIR:

The Indian legal system has empowered the high court with the power to quash criminal proceedings in case if is satisfied to necessary to meet the end of the justice and to prevent miss-use of the power, right, freedoms provided by law. The high court and supreme court have the power to quash the FIR on the lawful grounds by the virtue of sec 482 under crpc 1973

CONCLUSION:

The FIR is the initial stage of the criminal investigation. According to section 154 of the criminal procedure code (crpc), a citizen informs the police a cognizable offense has been committed. It should be record and writing.

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