Filing a First Information Report (FIR) is a crucial step in the criminal justice system in India and initiating a legal action against a cognizable offense. Understanding the FIR registration process empowers citizens to uphold their rights and ensures that justice is served.

What is an FIR?

Cognizable Offences are those offences for which the police have the authority to arrest without a warrant (e.g., theft, assault, murder, rape etc.)

An FIR records information relating to the commission of a cognizable offence and ordinarily sets the police investigation in motion. The current provision is Section 173 BNSS; Section 154 CrPC remains relevant where saved by law. See the guide to cognizable and non-cognizable offences.

Information about a cognizable offence may be reported irrespective of where it occurred. An FIR is not simply “withdrawn” by the informant; closure, compounding or quashing depends on the offence, investigation and the competent court. Registration of an FIR is not a finding of guilt.

Who Can File an FIR?

Any individual who has knowledge of the commission of a cognizable offense can file an FIR. This includes

The victim of the crime
A witness to the crime
Any person with information about the offense
A police officer who becomes aware of the crime

It is important to note that even if you are not directly affected, you have the right to report the crime.

How to File an FIR?

Registering an FIR is a simple procedure but needs to be done with great care and attention. Following is the step by step process involved

Report at a police station or by permitted electronic communication: Section 173 BNSS permits information about a cognizable offence to be given irrespective of the area where it occurred. If submitted electronically, it must be signed within three days. State portals and procedures may differ.
Provide complete information of the incident: The crime (or) the incident has to be provided with great detail regarding,
Read the FIR to verify if all the information mention are recorded:
Procedure that follows after recording the information, is for the police to read and share the document to the person who are making these complaints, and the person is duty bound to read and verify if all the facts that they mentioned are duly captured and that there are no omissions (or) additions to their statement.
Sign and request a free copy: After checking the recorded information, sign it only if accurate. Section 173(2) BNSS provides for a free copy of the recorded information to the informant or victim.
The investigation begins based on the FIR: After the registration of the FIR, the Police are mandated to investigate the matter. They will visit the place of the offence if required, (or) the concerned people against whom the complaint is launched to the police station, collect evidence, record statements, and take necessary actions. Such necessary actions may vary on a case to case basis.

These are the steps followed in the filing of an FIR, when done online, there will be a reference number that will be generated which has to be kept safe at all times. In both the cases, if the FIR does not seem to be registered, (or) if there are no investigations carried on, one can approach the superior authority in the police department (or) approach the Magistrate for judicial intervention. Similarly, in a few cases, withdrawal (or) cancellation of the FIR is also possible with the permission of the Magistrate. Our detailed guide to legal support after a road accident explains this further.

What to Do if Your FIR is Not Registered?

If you face any resistance from the police in registering an FIR, you have the following options.

Approach the Senior Police Officer: If the police station refuses to file the FIR, you can escalate the matter to a higher-ranking officer (or) the Superintendent of Police.
Escalate in the statutory sequence: Under Section 173(4) BNSS, send the substance of the information in writing and by post to the Superintendent of Police. If that does not result in action, an application supported by affidavit may be made to the Magistrate under Section 175(3) BNSS.
Seek Legal Help: If you are unsure about the process, it is always advisable to consult with a criminal lawyer of your area who can guide you through the legal procedures and ensure your rights are upheld.

Role of Criminal Lawyers

Navigating the legal system can be complex, and seeking professional legal assistance can be beneficial:

Legal Consultation: Experienced criminal lawyers can provide guidance on the FIR registration process, ensuring that all procedural requirements are met.
Representation: If complications arise, such as police inaction (or) refusal to file an FIR, a lawyer can represent your interests and take necessary legal actions to uphold your rights.
Documentation and Compliance: Lawyers can assist in preparing accurate documentation and ensure compliance with legal protocols, which is crucial for the integrity of your case.

For instance, Kapil Dixit LLP Law Firm in Bangalore offers expert legal services, including assistance with filing FIRs and navigating the complexities of the criminal justice system. With the enactment of the Bharatiya Nagarik Suraksha Sanhita (BNSS) in July 2024, the FIR registration process has undergone significant reforms to enhance accessibility and efficiency.

Introduction of Zero FIR

Under the BNSS, individuals can now file a Zero FIR at any police station, irrespective of jurisdictional boundaries. This provision ensures that victims can report crimes promptly without being tangled in the confusion of the jurisdiction. Once filed, the Zero FIR is transferred to the relevant jurisdiction for further investigation.

Electronic Filing of FIRs (e-FIR)

The BNSS facilitates the electronic registration of FIRs through various digital platforms, including email and official portals allowing the individuals to report any incident even without visiting a police station. However, to authenticate the e-FIR, the complainant must provide a physical signature within 3 days of the electronic submission.

Preliminary Inquiry for Specific Offenses

For cognizable offences punishable with three years or more but less than seven years, Section 173(3) BNSS permits the officer in charge, with prior permission from an officer not below Deputy Superintendent of Police and after considering the nature and gravity, either to conduct a preliminary inquiry within fourteen days to ascertain whether a prima facie case exists or to proceed with investigation. It is not mandatory in every such case.

Rights of the Complainant

As a complainant i.e., as a person who reports the complaint, you have specific rights during the FIR process.

Right to a Free Copy: You are entitled to receive a free copy of the FIR immediately after its registration
Right to Information: you have a right to demand the information recorded by the police be read to for accuracy
Right to electronic reporting of FIR: for better accessibility, we can now file an FIR through online and visiting the station for a physical signature to authenticate the online FIR within 3 days
Right to Legal Counsel: to seek legal advice (or) have a lawyer present during the process to ensure that your rights are protected
Right to file a Zero FIR: you have a right to file a zero FIR in any police station within India without worrying about the jurisdiction
Right to a progress update: Section 193(3)(ii) BNSS requires the police to inform the informant or victim of the progress of the investigation within ninety days, including through electronic communication.

Importance of FIR

As a complainant i.e., as a person who reports the complaint, you have specific rights during the FIR process.

The FIR is the first official document that triggers a criminal investigation, it is treated as a critical piece of evidence in court and can be used to corroborate the statements of witnesses and the accused.
If an FIR is not registered by the police, the complainant can approach a senior officer or even the magistrate, who can direct the police to register the FIR. These procedural delays invite judicial intervention and can be used as a defence to question the credibility of the police investigation.
By recording the first instance of information, the FIR ensures that the police investigate a matter formally and avoid arbitrary decisions.

Conclusion

The FIR is an essential tool in India’s criminal justice system, ensuring that the rights of victims and the accused are balanced. It is important that all of us have a basic understanding of what the entire FIR process is all about. From lodging the FIR to understanding its role in the investigation, being informed can empower citizens in seeking justice. And at any time during the entire process at any stage from reporting of incidents (or) withdrawal (or) cancellation (or) judicial intervention, you may feel free to contact any legal practitioner in case of need. Our detailed guide to digital arrest scams explains this further.