What Is an FIR? How to File or Quash an FIR in India

Introduction

In the Indian Criminal system, an FIR or First Information Report is a legal document that marks the starting point of the criminal investigation procedure. An FIR has an imminent significance in the investigation process. An FIR is the first step towards reporting a criminal offense. An FIR is a written document filed under Section 154 of the Criminal Procedure Code, 1973, that mentions information regarding the commission of any cognizable offense received by a police officer.

An FIR is an official record of the complaint made by the victim or any person who witnessed the incident. It forms the basis of the investigation process. In order to understand how criminal proceedings in India take place, one must understand the concept of an FIR, as it acts as a foundation for criminal investigation. The main objective of this blog is to make you understand everything one should know about FIRs, the meaning of FIR, how it is filed, and the circumstances under which an FIR can be quashed.

 

What Is an FIR?

FIR is defined under Section 154 of the Criminal Procedure Code, 1973. Section 154 of the Code states that when information is received by a police officer regarding the commission of a cognizable offence, it must be reduced to writing by the officer in charge of the police station.

Further, the person giving such information, i.e., the complainant, has to sign the document in the authorized register. This procedure has to be duly followed as it ensures that the complaint is registered and the police officer can start the investigation.

Any information received by the police officer regarding the commission of a cognizable offense must be reduced to writing. Cognizable offences are serious in nature, and the police officer may arrest the accused without the prior permission of the magistrate in such situations.

An FIR includes the following information:

1. The nature of the offense (trivial, serious, or heinous)
2. Name and address of the informant
3. Time, place, and place where the offense was committed
4. Name of the accused (if known)
5. Name of the witnesses (if any)

Importance Of Filing an FIR:

1. Initiation of the legal process: It is important for the police officer to register the FIR so the investigation process can start.
2. Official recording of the offense: The FIR serves as the official record of the offense. It can be used in the future for reference purposes.
3. Enabling the police investigation: Once the FIR is lodged, the police officer can start the investigation process. They can collect evidence, call for interrogation, and also arrest the accused, if any.

However, it is the duty of the police officer making the arrest to tell the accused about the steps to take immediately after an arrest is made. The accused must also be informed about the offense for which he is arrested.

 

Who Can File an FIR?

For filing an FIR, one need not be a victim. Any person, including a victim, a witness, or any concerned person, can file an FIR for the commission of a cognizable offense. A wide scope is given for recording of the crime because, in many instances, the victim is not in a state to file a complaint.

 

How to File an FIR in India

Here is a simple step-by-step process to help you understand the procedure to file an FIR:

Step 1: Identifying the Police Station that has the jurisdiction to file the FIR-

The informant must visit the police station in whose jurisdiction the offense is committed. If you are unsure about which police station has jurisdiction to report the complaint, visit the nearest police station.

Step 2: Narrating the incident to the officer in charge of the police station-

You must narrate the event or the series of events that led to the commission of the offense. one can do so orally or in writing.

Step 3: Give the necessary details

 When filing the FIR, the informant must provide the following details to the police officer:

1. Informant’s name, address, and contact details.
2. Date, time, and place where the offense was committed.
3. Narration of the entire offense.
4. Name and details of the accused (if any).
5. Name of the witnesses (if any).
6. Any other document that is relevant.

Step 4: Recording of the FIR

The police officer, after hearing the narration of the incident made by the informant, records the FIR if the offense committed is cognizable in nature. The FIR is recorded in the FIR register, and a unique FIR number is provided.

Step 5: Reading and Verification of the FIR

Once the police officer records the FIR, they have to read it out loud to the informant for verification. It is done to ensure that the information written is accurate and correct.

Step 6: Signing the FIR

After the FIR is verified by the informant, the informant is asked to sign the FIR. This is necessary to ensure that the contents of the FIR is true.

Step 7: Collecting the FIR copy

It is the duty of the police officer to provide a copy of FIR free of cost to the person filing the FIR.

There are a few states in India, such as Delhi, Maharashtra, Karnataka, and Uttar Pradesh, that have introduced online filing of the FIR. For this:

1. The informants can visit the e-portal for filing the FIR. Although the e-portals are useful for recording offences without delay but it is limited to the recording of specific offences only.
2. In the portal, select the “e-FIR” Option.
3. Fill in the necessary details and the required documents.
4. Download a copy of the FIR after the process is completed.

When an FIR is filed, one needs to provide the police officer with the following information:

1. Name and address details of the person filing the complaint
2. Date, time, and location of the offense
3. Sequence of events that led to the offense
4. Name of the suspect (if any)
5. Any other evidence or witnesses (if any)

When filing an FIR, it is important to understand the difference between cognizable offence and non-cognizable offence.

1. A cognizable offence is an offense committed that is serious in nature, such as murder, rape, or dacoity. In such situations, the police officer can file the FIR without the approval of the magistrate.
2. On the other hand, a non-cognizable offence is a less serious or minor offence committed by a person. An FIR related to a non-cognizable offense, such as public nuisance or defamation, cannot be filed without due permission from the magistrate.

 

What Happens After Filing an FIR?

Once the FIR is filed, the police start the investigation process. The police officers are empowered to visit the crime scene, collect evidence, and record the statements made by the witnesses. In case of commission of a cognizable offense, the police officer is also empowered to arrest the accused person.

Under Section 173 of the Code of Criminal Procedure, the police officer shall file a charge sheet after the investigation process is completed. Such a report shall contain the following information:

1. Names of the parties involved
2. Nature of the offense
3. Name of the accused (if any)
4. Name of the witnesses
5. Any medical examination made

After the charge sheet is filed, the court proceedings will begin. The court, after hearing the evidence presented, will frame the charges if there is sufficient evidence. Following the framing of charges, the court will see the witnesses presented by the prosecution, and the trial begins. An FIR plays a vital role in the court proceedings as it is the first copy of the offense committed.

 

How to Quash an FIR

To quash an FIR, one must follow the following procedures:

Step 1: Hiring a criminal lawyer

One must hire a criminal lawyer who has expertise in this area of filing or quashing the FIR. A good lawyer will guide you through the legal process without delay.

Step 2: Collecting all the relevant documents

When you are filing for quashing the FIR, you must have a copy of the FIR, chargesheet, and any other relevant documents mentioned.

Step 3: Drafting of the Petition

It is the duty of the lawyer to draft a petition under Section 482 of the CrPC, seeking to quash the FIR. The petition must mention the grounds on which the petitioner is asking for the quashing of the FIR.

Step 4: Court Hearing

The High Court will review the quashing petition, the original FIR, and the other relevant documents. The court might also ask any questions in doubt to the parties before passing any order.

Step 5: Passing of the Order

The court, after analysing all the evidence and documents, will pass an order either to quash the FIR or continue with the case.

Step 6: Copy of the order

One must obtain a certified copy of the order passed by the High Court. These documents will help in filing any further processes if necessary.

The High Court has the power to quash an FIR under Section 482 of the CrPC, where the offence is non-compoundable in nature, or if the offence is private in nature, or the parties agree to a genuine compromise.

 

An FIR can be quashed under the following circumstances:

1. When it is made maliciously or fraudulently.
2. When the parties to the dispute decide to settle the dispute amicably. Such amicable dispute settlement is valid only when the offense is non-compoundable in nature.
3. When there is no prima facie evidence to make a case.

For filing a petition for quashing of an FIR in the High Court, one should hire a criminal lawyer who has experience in the field. The petition must be filed under Section 482 of the Code of Criminal Procedure by the lawyer. The lawyer has to attach the FIR, affidavits, and other relevant evidence for quashing the FIR. After going through all the documents presented, the High Court may pass an order quashing the FIR. For filing a petition, one must consult a lawyer for better advice. Here’s a full manual on choosing the best criminal lawyer in Bangalore for quashing FIRs.

 

Common Reasons FIRs Are Quashed

There are many reasons why an FIR is quashed. The courts have recorded the following reasons that are common for quashing an FIR:

1. When a civil dispute is misrepresented as a criminal dispute, such as a land dispute being wrongly presented as cheating or forgery.
2. When a suit is related to family matters that can be solved without court involvement.
3. When the offense is compoundable in nature, parties to the suit tend to settle the dispute amicably, resulting in quashing the FIR.

 

When FIR Cannot Be Quashed

The High Courts have discretionary power to quash an FIR, but they cannot quash every FIR. An FIR has to lie within certain criteria for the High Court to quash it. There exist circumstances when the High Court cannot quash the FIR. These are as follows:

1. When the offense committed is heinous in nature. Offences such as rape, murder, dacoity, or any offense committed under the POCSO Act (Protection of Children from Sexual Offences Act) cannot be quashed. Such FIRs cannot be quashed even after the victim is ready to take back the complaint, as it is non-compoundable in nature, and these kinds of offences affect society at large.
2. When the offense is related to the disruption of public morality, the courts cannot quash an FIR. Such disruptions cause disturbance to society and not a single individual.
3. When the parties to the suit do not mutually agree to quash the FIR. When the parties lack consent to file for quashing the FIR, the FIR cannot be quashed.

 

Legal Help and Why It Matters

The procedure to file an FIR or file for quashing an FIR is not easy. One always needs legal assistance for doing so. A lawyer who has experience in the filing or quashing of an FIR should be approached. It is important to hire a good criminal lawyer who can guide you through the complexities of filing or quashing an FIR.

A good criminal lawyer will ensure that the documents are properly drafted and a strong argument is made in your favour. The lawyer will also help you through the court proceedings and will help in negotiating the dispute.

The team at Prime Legal has lawyers who specialize in criminal law and who can help you through the filing or quashing of an FIR. If you need help or anyone you know needs help in this respect, consult top-rated criminal lawyers in Bangalore for more reliable support.

 

Conclusion

To sum up, the FIR is the basis of the criminal trial. Filing an FIR safeguards the rights of the individuals by proceeding against the wrong happening in society and initiating criminal proceedings. Simultaneously, it also provides remedies for situations when the informants may misuse their power to file an FIR for frivolous reasons. This ensures that justice is met, and the fundamental rights of the citizen are not infringed.

Any person who has knowledge that a cognizable offense has been committed can file an FIR. Further, the police officer will conduct their investigation, and the same report will be presented to the magistrate, who will further frame the charges after analysing the evidence presented.

If someone you know is arrested, apply for bail if arrested after FIR is filed to seek immediate relief.