Detailed information about First Information Report( FIR)

first Information Report( FIR), Complaint Vs FIR, Cognizable Offence, Zero FIR

PRELIMS

UPSC

Indian_Polity_&_Governance


First Information Report( FIR),

Context:

An FIR is the document that has been prepared by the police after verifying the facts of the complaint.

Concept:

  1. The term FIR is not defined in the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), 1973, or in any other law.
  2. But in Police Regulations or Rules, information recorded under Section 154 of CrPC is known as FIR.
  3. Section 154:

a. every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant;

b. every such information shall be signed by the person giving it, and

c. the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe.


Complaint Vs FIR:

  1. The CrPC defines a complaint as any allegation made orally or in writing to a Magistrate.
  2. FIR is the document that has been prepared by the police after verifying the facts of the complaint.
  3. In case of non-cognizable offences, an FIR under Section 155 CrPC, commonly called NCR, is registered.
  4. No police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try such case or commit the case for trial.

Cognizable Offence:

  1. A cognizable offence/case is one in which a police officer may, in accordance with the First Schedule of the CrPC, or under any other law for the time being in force, make an arrest without a warrant.
  2. In the First Schedule, the word cognizable stands for a police officer may arrest without warrant; and
  3. the word non-cognizable stands for ‘a police officer shall not arrest without warrant.

Zero FIR:

When a police station receives a complaint regarding an alleged offence that has been committed in the jurisdiction of another police station, it registers an FIR, and then transfers it to the concerned police station for further investigation.

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