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We all know about Indian law but sometimes we have not proper information and awareness about law we face many problems and that time we have to recognize our Indian law is very critical and in this law so many windows open for criminally accused to left.
But we think that everyone should have some basic information to protect our rights form Government officer or political man and the primary rights given our constitution.
In this article we will discuss police F.I.R and who can file this report and how to protect our life and any police officer is refused to file this case then what can you do this situation.
- What is Police F.I.R?
- Who can File Police F.I.R?
- Why is it so important?
- How can I get a copy of my Police F.I.R?
- Can I file F.I.R in any police station?
- What should be done when police don't file an F.I.R?
- What is Zero Police F.I.R?
- Can police close the F.I.R?
- What is the problem if there is a delay in register Police F.I.R?
- What could be possible reasons for Delay?
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| F.I.R? |
What is Police F.I.R?
Its means First Information Report (under CrPC 154)
First Information Report (F.I.R) is a written document prepared by the police when they receive information about the crime of a cognizable offense. (can be arrested without a warrant).
Who can File Police F.I.R?
It is generally a complaint lodged with the police by the victim of a cognizable offense or by someone on his/her behalf.
Why is it so important?
- Police start an investigation about the crime after F.I.R reported.
- The investigation moves around F.I.R, investigation is conducted on the fact/charges given in F.I.R.
- During the trial in court again it's the most important document. The lawyer of the defense always cross-examine the IO(investigation officer
How can I get a copy of my Police F.I.R?
At a time of F.I.R registered, the complainant gets an immediate copy of Police F.I.R.
- Online Copy also can get. if you have some information listed below
- F.I.R number
- Date of registration
- Name of the police station
- Name of the district
Can I file F.I.R in any police station?
Yes, F.I.R can be registered by a victim, a witness, or someone else with knowledge of the crime. According to the CHRI, complainants have a right to register an F.I.R at any police station and police cannot legally refuse to register it.
What should be done when police don't file an F.I.R?
- If the Police do not file FIR, then you can also register it online while going to the website of that particular Police. Like in Delhi e-FIR app is also there, you can install that app and from your place, you can lodge FIR.
- If the police do not file the FIR for cognizable offense, then the victim should approach to senior officers.
- If even after this the FIR is not registered, then the victim can file a complaint to a Metropolitan Magistrate according to section 156 (3) of CrPC. Metropolitan Magistrate has the power that he can order police to file an FIR.
- In some cases when FIR is not registered, the Supreme Court has made the provision according to section 482; people should reach Metropolitan Magistrate rather than High Courts.
- The Supreme Court has ordered to take action against those officers who do not file FIR. The Supreme Court has also provided that within a week of registering an FIR, the first investigation should be completed. The motive of this investigation is to check the offense and know about its seriousness. In this way, police cannot deny registering the complaint saying that they had doubts about the veracity of the complaint.
What is Zero Police F.I.R?
As per the concept, F.I.R that can be filed in any police station regardless of the place of incidence or jurisdiction. The same is later transferred to the l Police Station having competent jurisdiction after investigation and filing with a magistrate
Before 2012 In most cases, police officers had refused to file F.I.R, because the crime had not been done in their jurisdiction.
After the Nirbhaya rape incident in Delhi in 2012, a "Justice Verma Committee" was formed to amend the law. Strictly built. A zero number can be reported to any police station.
As mentioned above, every police station has a complaint number 1, 2, 3, but when a serious incident occurs, the complaint is not numbered as per the series but the complaint is registered with zero number.
Take famous examples
Case 1: Aasaram Bapu Rape, In the F.I.R, the place of occurrence of an offense falls under the jurisdiction of Jodhpur, Rajasthan but the Police Station Kamla Market, Delhi registered the F.I.R, then transferred it to Jodhpur, for further investigation. Then Jodhpur police took up the investigation.
Can police close the F.I.R?
- No police can not close the F.I.R. Investigation agencies, mostly state police after an investigation has enough evidence to prove the case and thus file a charge sheet under section 173 (2). In some of the cases, where the investigation is not completed, then also police can file the charge sheet and continue further investigation
- If no Evidence comes in support of allegations or find false F.I.R is lodged may file its report may call as a closure report in court n only court can close the case or pursue further as per law (remove your name From F.I.R) under section 169 CrPC.
- Only the high court can close the F.I.R even the lower court can not close police closer report at its own level until a person who registered the F.I.R gives his consent for the same in case a closer report is filed.
- The high court can under section 482 CrPc, Inherent power of the high court.
- Either application being made to the high court for Closing Of F.I.R, Or
- After trial Court Pronounce a judgment of Discharge.
What is the problem if there is a delay in register Police F.I.R?
The longer the delay, the stronger the suspicion. That the case is false wholly or in material particulars, so the delay should satisfactorily be explained.
- Accused may flee the country.
- Evidence may be lost and tempered with cash, kind, inducement or threat.
- A complainant may lose trust in the criminal justice system.
What could be possible reasons for Delay?
Generally, two types of delay can be possible.Reasons for the delay on the part of the complainant
- The physical condition of the informer
- The psychological condition of the informer
- Natural calamities
- A distance of the place of occurrence
- Ignorance of the law of the informer
- Late detection of the commission of the crime
- Due to threat, promise and undue influence
- Economic & social and undue influence
Reasons for the delay on the part of a police
- A dispute over the jurisdiction of Police Station
- Uncertainty of place of occurrence due to the continuous offense
- Shortage of staff
- Unavoidable departmental formalities (including delay due to opinion of experts Reasons for the delay should be explained in the F.I.R.
Conclusion
Here We Have discussed answers of questions about Police F.I.R
Can I file F.I.R in any police station? What should be done when police don't file an F.I.R?
What is Zero Police F.I.R?
I am not a professional blogger yet, but just self-employed advocate, here I shared legal know about Police F.I.R, I think everyone should know about it.
please share with your friends, family so everyone can file Police F.I.R when the crime happened nearby and protect themselves. Comment us how useful this article,
It would be awesome to know your comments. Please feel free to share your thoughts, problems in the comments. we can try to give the best solution.
All the best of awareness.!
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