COMPLETE GUIDE TO FILING AN FIR IN INDIA: PROCEDURE, RIGHTS, AND LEGAL ADVICE

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 is an official document prepared by the police when they receive information about the commission of a cognizable offense. This document sets the criminal justice process in motion, enabling law enforcement agencies to investigate the alleged crime. Sec 173 of BNSS 2024, and Sec 154 of CrPC 1973 deal with the concept of FIR.  

FIR can be filed for all cases irrespective of their severity and it can be withdrawn (or) cancelled with the permission of the Magistrate. The Indian Justice System is based on the bedrock of the principle that no one is guilty unless proved in the court of law, therefore a mere filing of an FIR does not mean conviction, it is just the beginning of the investigation process.

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

1. Visiting the nearest police station (or) through online: There are 2 ways to register an FIR either through online (or) to the nearest police station where the offense is/was committed. The Police Stations are under the obligation to register all the cognizable offences reported to them. Alternatively, in recent years, online FIR registrations through the Regional Portals of the Police Department is also encouraged, making it convenient for the general public to report the crime without visiting the Police Station.
2. Provide complete information of the incident: The crime (or) the incident has to be provided with great detail regarding,
   • What is the crime about (or) What really happened​?
   • Who was involved?
   • When did it happen? ​
   • Where did it happen?
   • Any evidence (or) witness to the incident?All these details are to be provided in an accurate manner, once informed,     the police will record these as statements of complaint in the FIR register, (or) in their portal if online facility is available in the respective station. 
3. 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.  
4. Sign and Ask for a copy of the FIR:
   After verification of the aforesaid, Sign only if there are no discrepancies after reading the document thoroughly. And if the FIR is related to a serious crime then it is mandatory for the Police to register the FIR without delay. On successful registration, the person who made the complaint is entitled to receive a copy of the FIR without costs. This copy is to be kept safe at all times because this document is important as a proof for all the legal proceedings that may follow. 
5. 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. 

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.

1.     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.
2. File a Complaint with the Magistrate: Under Section 156(3) of the CrPC, if the police refuse to register the FIR, you can directly approach the Magistrate, who can direct the police to register the FIR.
3.     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

Offenses punishable with imprisonment ranging from 3 to 7 years, the BNSS mandates a preliminary inquiry to determine the validity of the complaint before registering a formal FIR. This inquiry aims to filter out frivolous complaints and must be concluded within 14 days.

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 updates on investigation: The BNSS ensures that the victims receive updates throughout the process, and progress of the case within 90 days

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.