What is F.I.R ?
First Information Report, or its acronym “F.I.R.” more commonly known, is an Indian criminal law device that drives the police into action. So, what is this criminal justice system mechanism that drives the police into action to launch the criminal proceedings?
F.I.R. means a complaint in simple words. It is the first piece of information the police receive about an offense commission. However, there’s one element that should be fulfilled to be able to register an F.I.R., and i.e., the offence for which it is to be file should be a cognizable offence. Cognizable offence means an offence for which the Police may arrest a person, as per the First Schedule of the Criminal Procedure Code, 1973(Cr. P.C.) or as under any other law for the time being in force, without a warrant, like rioting, bribery, murder, dowry death, etc.
They are bound to register the F.I.R. and investigate the said offense without any unreasonable delay as soon as the police receive the first information about the commission of a cognizable offence. And registering a F.I.R. is a simple process.How? Any person can, in accordance with the law for the time being in force, inform the police about the cognizable offence and, then, it is registered in by the Police by noting down all the information that they receive without any change, manipulations or any content deliberately left out. Once that is done, the Police are bound to read out the contents of the F.I.R. to the complainant. A copy of the F.I.R. shall be given free of charge to the applicant. F.I.R. is therefore a very important document that brings the police into action. It should be remembered, however, that F.I.R. is not admissible as evidence in court as the data reported in the F.I.R. may be inaccurate or rendered under pressure or intimidation. It can be used as a reference only.
But there have been many cases where the police declined to file the F.I.R. or distorted the data in such a way as to make the crime appear like a mystery rather than a cognizable Defense. Offense. What’s the reason? It’s because, according to the amount of F.I.Rs, the effectiveness of the police operating in a particular jurisdiction was assumed. licensed. If there was less F.I.Rs. Registered, which means less crime in the jurisdiction of the police involved, which also meant that the police of that jurisdiction were doing a good job. And if there are more F.I.Rs., Which means a bad job was done by the police. In many ways, the police exploited the F.I.R. for sympathy purposes. For the same purposes, they have declined to recognize the F.I.R.
The problem now is, “What do I do if the F.I.R is not recorded by the police or abused by them?”The answer to this question lies in Cr. P.C.Sec 154 of the Code states that if the Police refuse to register the F.I.R. in case of cognizable offences, then the person complaining may in writing and through post inform the Superintendent of Police or. If the Superintendent is satisfied that the information given by any person constitutes a cognizable offence, then, he may investigate the matter himself or direct an investigation to be made
Another remedy lies in our human rights. When the Police refuse to register an F.I.R., they deprive a person of justice in turn violating their human right to live a dignified life. This violation occurs due to the Police inaction. Since it a human rights violation,The aggrieved person or any individual on behalf of the aggrieved person may approach the State Human Rights Commission formed in each state of India and file a complaint against the police concerned for violating their human rights due to inaction by the police. And this process is completely cost-free, without the plaintiff having to make any extra effort. As once the petition has been filed in the State Commission on Human Rights, the Commission will start the proceedings with or without the applicant being present for the hearings.
Remember folks, you will be deprived of your human right of access to justice if you face police inaction at any stage, and if that happens, take further action. India’s laws have enabled us to hold the police accountable for their lack of action. It’s just an awareness issue. Now that you know, take additional action.