FIR Requirements
A First Information Report must fulfil the following conditions:
- The information must have been given to the officer in charge of a police station.
- Such information must relate to the commission of the cognizable offense.
- It must have been the earliest report relating to the commission of a crime on the basis of which investigation would have commenced.
- It must be in writing or be reduced in writing (if oral) and must be signed by the informant.
- The information reduced in writing must be read out to the informant and a copy of it must be given to the informant free of cost. In cases wherein decisions have been taken not to give copies of the FIR regard being had to the sensitive nature of the case, it will be open to the accused/his authorized representative/parokar to file an application for grant of certified copy before the Court to which the FIR has been sent and the same shall be provided in quite promptitude by the concerned Court not beyond three days of the submission of the application Youth Bar Association of India V/s. UOI & Others WP(Crl.) 68/2016.
- The substance of the information must be entered in a book called Station Dairy or General Diary.
- If the officer in charge of the police station refuses to record the information, such aggrieved person may send such information in writing and by post to the Superintendent of Police. He can either investigate the case himself or direct any subordinate officer to investigate the same.
The FIR need not contain every detail of the case and it is now well settled that FIR need not be encyclopedic as per Umar Mohammad v. State of Rajasthan, (2007) 14 SCC 711.The first information need not contain an exhaustive account of the incident. Minute details of the incident are never insisted upon nor are they essential. Only broad features of the case have to be mentioned.
Conclusion
In India, there are clear guidelines for what constitutes a First Information Report (FIR). The first report of a crime (FIR) must be made to the officer in charge of a police station, relate to a cognizable offence, be in writing or reduced to writing, and be signed by the informant. While the FIR does not have to go into great depth, it must at least cover the important aspects of the case. You can send the information to the Superintendent of Police if the police refuse to record it. In the legal process, it is essential to comprehend the FIR requirements.
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Written by Ms. Devyani Thawkar and Team.
Previous Relevant: Evidentiary Value -FIR , FIR , False Information & Statements
Frequently Asked Questions:
Q1. What does an Indian First Information Report (FIR) serve as?
A1. A cognizable offence is first reported to the police via a FIR, which launches an inquiry.
Q2. Who may submit a FIR and where should they do so?
A2. Any anyone with knowledge of the offence may register a FIR with the official in charge of a police station.
Q3. Why is a cognizable offence significant in the context of a FIR? What is a cognizable offence?
A3. A cognizable offence is a category of crime that allows for warrantless arrests by the police. Such offences must be the subject of a FIR.
Q4. Is it required for a FIR to include every specifics of a case?
A4. No, the FIR does not have to be exhaustive. Without requiring detailed details, it should summarise the case’s main characteristics.
Q5. What takes place if the police decline to file a FIR?
A5. The displeased party may transmit the information in writing to the Superintendent of Police, who will launch an investigation if the police refuse.
Q6. Is a written FIR required, or is an oral FIR acceptable?
A6. An FIR may be given orally, but it must be reduced to paper before the informant may sign it.
Q7. Must the informant receive a copy of the written FIR?
A7. Yes, except in circumstances involving sensitive information, the informant must receive a free copy of the written FIR.
Q8. What use does a station diary or general diary serve in a FIR?
The Station Diary or General Diary contains the bulk of the information in a FIR.
Q9. In a criminal case, may the FIR serve as the only piece of evidence?
The FIR is not a key or important piece of evidence, no. It is used to start an investigation.
Q10. If not given at first, how long will it take to get a certified copy of the FIR?
A10. Within three days of the application filing, if not already available, a certified copy of the FIR may be acquired from the court to which it was sent.
