Right to lodge an FIR in India? Who can lodge an FIR? Subscribe

Knowing your rights has become very important today when the world has become challenging. However, you might have wondered at least once, what if a crime occurs? Can you lodge an FIR? You will learn about it in this article. But let's understand what precisely an FIR is. 

FIR (First Information Report) is documentation prepared by the police for cognizable offences after validating the facts of the offence. Cognizable offences are primarily serious and heinous. It is a case in which a police officer, by the first schedule or under any other law for time-bell, can arrest without a warrant. Offences like rape, murder, kidnapping, etc., are some cognizable offenses. On the other hand, non-cognizable offences mean police have no authority to arrest someone without a warrant. 

Who can lodge an FIR? 

You might have been wondering who can lodge an FIR. Or is it only permissible for the victim of the crime? Here's the answer. 

Anyone who knows about the cognizable offence can file an FIR. Regardless of whether that person is a victim, they can lodge an FIR. 

- You can lodge an FIR when the offence has been committed against you. 

- You can lodge an FIR when you know about a committed offence.

- You can lodge an FIR when you have witnessed the offence being committed. 

Registering an FIR is vital because only then the police officers will commence the investigation. However, you must also be aware of the registration process for FIR.

How can you file an FIR? 

The procedure of FIR filing is prescribed in Section 154 of the Criminal Procedure Code, 1973. 

- The Police must write down the information when the commission of a cognizable offence is given orally.

- As a person, your right is to ask the information you have given to be read over to you. 

- Once the police jot down the information, it should be signed by the person who gave it. 

- One must sign the report after verifying that the information recorded by the police is as per the details you gave. 

- After validating and being satisfied with the correct record, those who cannot read or write shall put their left thumb impression on the document. 

- It is your right to get a free copy of the FIR. One must always take a copy of the FIR. 

What if you deal with a Police officer who refuses to register an FIR? 

Under Section 154(3) CrPC, if any officer in charge of a police station refuses to register an FIR, one can send the complaint to the Superintendent of Police/DCP. They will either investigate the case or direct an investigation by a subordinate police officer. 

We hope this article was helpful to you. To read such informative blogs, kindly check our other Forums too.



Please Login To Post Comment