What is FIR? What is the procedure for filing an FIR, meaning, object, etc,? What is Zero FIR? What is the difference?
Hi guys, today, we will discuss FIR
under section 154 of CrPC, 1973, in this, we will discuss what is FIR, the object of FIR, the importance of FIR, delay in filing FIR, and the ZERO FIR, etc.
Introduction:-
What is an FIR
. FIR is information about the cognizable offence given to a police officer and
reduced to writing as required by section 154 is called the "First
Information Report". Actually, the word FIR is not mentioned in this code
anywhere, here the word "First Information Report" is used. This
information must relate to the cognizable offence. According to section 154,
it may be defined as follows :
1.
It is the information which is given to the police officer,
2.
Information must relate to a cognizable offence,
3. It is the information first in point
of time,
4. It
is on the basis of the information that investigation into the offence
commences.
Object of FIR:-
This section has a three-fold object, namely----
1. to inform the magistrate of
the district and the District Superintendent of Police, who are responsible for
the peace and safety of the District, of the offences reported at the police
station;
2. to make known to the
judicial officers before whom the case is ultimately tried, about the facts
given out immediately after the occurrence and on the relevant materials of the
investigation commenced;
3. to safeguard the accused
against subsequent variations or additions in the FIR.
Importance of FIR
First Information Report
is important from many points of view actually, it is a statement made soon
after the occurrence, hence, the memory of informant is fresh and it is also
unlikely that he had opportunities of fabrication. Delay in giving information
is, therefore, viewed with grave suspicion. The first information need not
contain the name of the witness another minute detail
Duty to register FIR
The officer in charge of a
police station is legally bound to register a first information report in term
of section 154 if allegations made give rise to an offence which can be
investigated without obtaining any permission from the Magistrate concerned;
the same may by itself, however, does not take away the right of competent
officer to make a preliminary enquiry.
Delay in filing FIR
As per the section, the first information report
is an information first in point of time, so the delay in filing FIR may be a cloud
of suspicion of the circumstances. Delay in filing FIR can be condoned if there
is a satisfactory explanation. Where the delay in filing FIR is due to its
being lodged at the wrong police station, it was held to be a reasonable explanation
in the case of Atmaduddin vs. State of U.P., A.I.R. 1974 S.C. 1901.
Delay in lodging FIR in a rape case
In Kulwant Singh and
others vs State of Punjab (2012) 3 Cri. L.J. 2199 (S.C.) it was held
that delay in lodging FIR is not a ground to throw away the entire prosecution
case.
It was held in Satpal Singh vs State of Haryana (2010) 4 Cr.
L.J. 4283 (S.C.) that delay in FIR lodging in the sexual offence has to be
considered with a different yardstick.
The supreme court held that in a rape case lodging of FIR was
delayed for 10 days, the delay will be deemed to have been reasonably explained
where the honor of the family was involved and its member had to decide whether
to take the matter to the court or not.(Harpal Singh and another versus State of Himachal Pradesh, 1981 Cr. L.J. 1 (S.C.)
Zero FIR
Zero FIR means
where the first information report is lodged in a police station having no
territorial jurisdiction. When any information comes in a police station having
no jurisdiction in this matter, then the officer in charge of that Police
Station will lodge the FIR in his police station, but he will not numbered FIR
or he will write serial no. 00 on it and will be sent to the police station
which has territorial jurisdiction over this matter and the police officer
record the information and will write serial no. on it. It is called Zero FIR.
It has the same status as an FIR under section 154 of CrPC 1973.
Deference between the FIR and ZERO FIR
First Understand the FIR, it stands for First Information Report
every FIR has serial no, date of occurrence, time of occurrence, place of
occurrence, contents of the complaint, etc. and it is lodged because of commission
of cognizable offence (an offence in which police can take suo moto
action and no prior approval from court is required). Every police
station has its own jurisdictional area for which they can take up the investigation if the commission of any cognizable offence found under their
jurisdiction. Suppose my Bag is theft at Bus stand of Taj Mahal, Delhi then the
police station whose under Taj Mahal come will lodge my FIR and investigate it.
But in the case of
Zero FIR, any police station can register FIR irrespective of jurisdictional
area, but the investigation will be taken up by the police in which place of
occurrence reported in FIR. The police officer registers the zero FIR marking it
serial no. 00 and transfer to the competent jurisdictional police station area
which has jurisdiction over the matter and that police station will number
the FIR, means putting a serial no. (014) etc. on the FIR.
Take a famous example of Aasaram Bapu Rape
case, In the FIR, the place of occurrence of offence falls under the
jurisdiction of Jodhpur, Rajasthan but the Police Station Kamla Market, Delhi
registered the FIR, then transferred it to Jodhpur, for further
investigation. Then Jodhpur police taken up the investigation.
The sanctity of the legal process remains the same in
zero FIR. It is very helpful for people as it facilitates them by not allowing
to make rounds of different police station for lodging the FIR.
Thanks
for reading
Question for you:-
A, voluntarily
causes hurt to B. B, goes to the police station to lodge FIR (first information report).
Should the police officer record the FIR? Give reasons for your answer in the comment.
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