Contents

1what is F.I.R? 2what is the format of FIR report which the police records my complaint? 3who can lodge an FIR? 4what about FIR on telephone / telegram? 5what is object of an FIR? its secondary though equally ? 6what if we delay in lodging FIR? 7what could be the possible reasons of delay? 8can your later version become FIR? 9what if an accused person lodges an FIR himself? 10Looking FIR in different offenses 11who can write FIR? 12what are the essentials of FIR? 13what is the evidentially value of FIR? 14what happens to the FIR finally? 15what is the format of FIR information in case of non-cognizable offence? 16Differences between Complaint & FIR 17what is FIR IS & FIR NOT? 18DO's & DON'ts of FIR 18.1DOs : 18.2DONTs:

[top]what is F.I.R?

- FIR is a public document prepared u/s 154 of criminal procedure code. certified copy it can be given in evidence u/s 77 of IEA.

[top]what is the format of FIR report which the police records my complaint?

- Format :
police station name ________
district ________
no__________
date & hour of occurrence ________

1. date , time / hour when reported
2. name , residence of informer & complaint
3. brief description of offence with section & property carried , if any
4. place of occurrence & distance , direction from the police station.
5. name & address of criminal
6. steps taken regarding investigation explanation of delay in regarding information
7. date , time of dispatch from police station.

Signature _________
designation ________

[top]who can lodge an FIR?

• complainant who is an aggrieved person / somebody on his behalf
• by any person who is aware of the offence
• eye witness
• by hearsay account.

[top]what about FIR on telephone / telegram?

Legallya case may not be registered :

• as there is always a doubt about its authenticity.
• as it does not satisfy the tests of sec 154 criminal procedure code being not an oral statement reduced into writing, read over admitted correct & signed by the informer.
• normally inquiry should be made on receipt of an original telegram which contains the thumb impression / signature , case may be registered.
• if the informer refuses to sign the FIR. he is guilty of offence u/s 180 Indian Penal Code says " whoever refuses to sign on any statement , shall be given 3 years punishment / Rs.500 fine / both .

[top]what is object of an FIR? its secondary though equally ?

- important object is to obtain early information of an alleged criminal activity.

[top]what if we delay in lodging FIR?

• care should be always taken that the names of witness are mentioned in FIR, if the names of PWs not appear in it then they are examined later on, the presumption is that they were not present at the spot & have been produced later on.
• care should always be taken that all materials facts are mentioned in FIR as much as possible.
• names of the accused person should occur in FIR.
• It is not neccessary to put all PWs in court.

[top]what could be the possible reasons of delay?

1. physical condition of informer
2. psychological condition
3. natural calamities
4. distance of place of occurrence
5. ignorance of law of informer
6. late detection of commission of crime
7. social & economic undue influence
8. dispute over the jurisdiction of police station
9. uncertainty of place of occurrence due to continuous offence
10. shortage of staff
11. unavoidable departmental formalities

[top]can your later version become FIR?

any information forming the basis of FIR is found untrue & the later version given during investigation is found true, then CHALLEN is put on basis.
" the latet statement being true during investigation found also cannot be an FIR ".

[top]what if an accused person lodges an FIR himself?

• Indian Evidence Act mentions as under :
  • sec 162 Criminal procedure code does not hit such FIR
  • sec 25 of IEA , is applicable if the statement is in the nature of confession but is relevent u/s 21 of IEA
  • for corroborating the statement of the amaker under sec 157 of IEA
  • for refreshing informers memory u/s 159 of IEA
  • for providing the informer conduct u/s 155 of IEA
  • u/s 32(1) of IEA (dying declaration)
  • u/s 6 when the injuries are being caused in the presence of SHO inpolice station.

[top]Looking FIR in different offenses

• FIR in corruption
• FIR in murder cases

[top]who can write FIR?

• FIR is always written by an officer in charge of police station jurisdiction is an essential factor in registering a FIR.

[top]what are the essentials of FIR?

• what information has come to convey
• in what capacity
• who committed crime
• whome against crime committed
• where
• when
• why (intension of committing crime / reason)
• witness
• what was taken (exroperty documents)
• what traces were left by the accused.

[top]what is the evidentially value of FIR?

• for corroboration
• contradicting the evidence of person giving information
• proving as are admission against the informer
• refreshing the memory of informer
• impeaching the credit of an informer

[top]what happens to the FIR finally?

• when there is sufficient evidence a CHALLAN is prepared
• when insufficient evidence, FIR is declared as UNTRACE.
• when FIR is found to be false / transfered to other police officer it is declared as CANCELLED
• after registering the FIR the contents of the FIR cannot be change. only high court quash FIR.

[top]what is the format of FIR information in case of non-cognizable offence?

- Format in case of non-cognizable offence :
under section 155 of criminal procedure code
b.n______
s.no________
_________ district