Filing A First Information Report (FIR) Under The Code of CR

You might also like

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 2

Filing a First Information Report (FIR) under the Code of Criminal Procedure (CrPC) is a crucial

step in initiating criminal proceedings in India. Here is a concise summary of the process:
 Visit the Police Station: Start by visiting the police station within whose jurisdiction the
crime occurred. It's essential to file the FIR at the right police station.
 Provide Information: Approach the Officer-in-Charge or the duty officer and
communicate the details of the incident. Clearly narrate the facts, including the date,
time, location, and nature of the offense. Be as precise and accurate as possible.
 Drafting the FIR: The police will document the information in a prescribed format,
creating the FIR. It is crucial to ensure that all the details are correctly recorded. You
have the right to read the FIR, and if any information is incorrect, request corrections.
 Sign the FIR: Once the FIR is prepared, the complainant needs to sign it. This signifies
that the information provided is true to the best of their knowledge. Obtain a copy of the
FIR for your records, as it serves as an essential document in the legal process.
 Receive a Copy: The police are obligated to provide a copy of the FIR free of cost.
Ensure that you receive it, as it is a crucial document for future legal proceedings.
 Follow-up: Keep track of the investigation by regularly following up with the police.
You have the right to know the progress of the case, and the police are obligated to keep
you informed.
 FIR Number: Note down the FIR number, as it is a reference for the case. This number
will be used in all future communications and legal proceedings related to the case.
 Seek Legal Advice: If needed, consult with a lawyer to understand the legal implications
of the case and ensure that your rights are protected throughout the investigation and trial.

Zero FIR Provision: Unlike an FIR, which is restricted by jurisdiction, a zero FIR can be filed
in any police station, regardless of whether the offence was committed under the jurisdiction of
that particular police station.
The concept of "Zero FIR" is a notable feature of the legal framework addressing gender-based
violence against women. A Zero FIR can be filed at any police station, regardless of the
jurisdiction where the incident occurred, and can later be transferred to the appropriate police
station. This provision is crucial in cases of gender-based violence, ensuring that immediate
action is taken without jurisdictional barriers. In situations where a woman faces violence,
especially in unfamiliar locations or while traveling, the ability to file a Zero FIR enables her to
seek prompt assistance and initiate the legal process swiftly. This provision recognizes the
urgency in addressing gender-based violence and emphasizes the need for a timely response to
protect the rights and safety of women, irrespective of where the offense occurs. The Zero FIR
provision facilitates a seamless and immediate initiation of legal proceedings, contributing to a
more responsive and victim-centric approach in cases of gender-based violence against women.
In the case of Sakshi v. Union of India (2004), the Supreme Court laid down guidelines to
address the issue of delayed registration of FIRs, especially in cases of sexual offenses against
women. The court emphasized the need for immediate registration of FIRs and introduced the
concept of "Zero FIR," stating that an FIR can be filed at any police station, irrespective of the
jurisdiction where the incident occurred. The police station where the FIR is filed is then
required to register the case and conduct a preliminary inquiry. Subsequently, the case can be
transferred to the appropriate jurisdiction for further investigation and legal proceedings.

Scenario: Theft at a Residence


Mr. Sharma returned home after a weekend trip to find his house burglarized. Valuables,
including jewelry and electronic gadgets, were missing. Determined to report the incident, he
decided to file an FIR.
 Visit to the Police Station: Mr. Sharma went to the local police station, which had
jurisdiction over his residence, and approached the Officer-in-Charge, Inspector Khan.
 Providing Information: He detailed the incident to Inspector Khan, explaining that the
theft occurred between 5:00 PM on Saturday and 8:00 PM on Sunday. He provided
information about the missing items, their approximate value, and any potential leads,
such as suspicious individuals seen in the vicinity.
 Drafting the FIR: Inspector Khan recorded the information in the FIR format. He
included Mr. Sharma's name, address, and contact details along with a comprehensive
account of the incident.
 Signing the FIR: After drafting the FIR, Inspector Khan read it out to Mr. Sharma. Once
satisfied with the accuracy of the details, Mr. Sharma signed the document,
acknowledging that the information was true to the best of his knowledge.
 Receiving a Copy: Inspector Khan handed Mr. Sharma a copy of the FIR. This
document contained the FIR number, date, and details of the police station. Mr. Sharma
was advised to keep the copy safe for future reference.
 Follow-up: Inspector Khan assured Mr. Sharma that the matter would be investigated
promptly. He provided contact details and assured him that updates would be
communicated.
 FIR Number: Mr. Sharma noted down the FIR number – FIR No. 123/2023 – as it
would be necessary for any future interactions with the police or legal proceedings
related to the case.
 Seeking Legal Advice: Understanding the importance of a proper investigation, Mr.
Sharma consulted with a lawyer to ensure his rights were protected during the legal
process.
This illustration outlines the step-by-step process Mr. Sharma followed to file an FIR,
emphasizing the importance of accurate information and the subsequent actions involved in
seeking justice.

You might also like