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.
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 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.