FIR TYPES INDIA

FIR TYPES- INDIA

Offences when the police have the authority to arrest the individual accused of committing the crime or/and other people, with or without a warrant, are cognizable. The police have the authority to investigate the linked matter even before a court order is issued. In layman’s words, it’s an offence with serious repercussions. To read and know what is FIR refer the earlier article/blog.

Types of FIR

1. General FIR – General FIR is an FIR lodged in general given by a party against whom wrong has been committed by the other party regarding the regular transactions to the nearest police station.
2. Zero FIR – The concept of a zero FIR is relatively new and was introduced on the recommendation of the Justice Verma Committee in the aftermath of the Nirbhaya gang rape case in 2012 to put a legal obligation on police to take quick action and prevent them from using the excuse of absence of jurisdiction. Unlike an FIR, which is restricted by jurisdiction, a zero FIR can be filed in any police station, regardless of whether the offence was committed under the jurisdiction of that particular police station. Whereas FIRs have serial numbers assigned to them, zero FIRs are assigned the number “0”. Hence the name. After a police station registers a zero FIR, it has to transfer the complaint to a police station that has the jurisdiction to investigate the alleged offence. Once a zero FIR is transferred, the police station with the appropriate jurisdiction assigns it a serial number, thereby converting it into a regular FIR. It does not matter whether police have territorial jurisdiction over an area or not if information regarding a cognizable offence is received, police have to do the needful, and it is not a valid ground for quashing an FIR. The Police can investigate under Zero FIR, and such investigation is protected and cannot be challenged only on the basis that there was no territorial jurisdiction. It is mandatory to register a Zero FIR if the nature of the offence is cognizable, a Zero FIR shall be lodged where information of the offences is received and then necessarily it should be transferred to the concerned police station. One of the most known case related is of Lalita Kumari .
3. Counter FIR / Cross FIR – When both parties logged F.I.R. against each other regarding same incident then it is called Cross F.I.R. The cross- cases should be tried together by the same court irrespective of the nature of the offence involved. The rationale behind this is to avoid the conflicting judgments over the same incident because if cross cases are allowed to be tried by two courts separately there is likelihood of conflicting judgments. One of the recent case law on it is of Pawan Khera v. State of Uttar Pradesh & Anr. | Special Leave Petition (Criminal) No. 13143 of 2023.
4. Second FIR / Multiple FIR – The second FIR is a consecutive FIR filed after the information on the commission of a cognizable offence has also been given to the police officer under Section 154 CrPC.  It means that the second FIR would relate to the initial FIR in regards to the same offence that has been committed or the same accused persons who have committed it. The impermissibility of registering the second FIR is to protect the fundamental right of an accused against double jeopardy, to maintain the rule of fair investigation and to not allow the police to abuse their investigative powers under CrPC. These three-fold safeguards prevent registration of the second FIR.  The court established the test of sameness which means that the facts and circumstances giving rise to the two FIRs must be different, or the offence committed in the two must be different, or the person accused of committing the offence is different. Only then, the second FIR is permissible. In the case of Surender Kaushik v/s State of Uttar Pradesh Surender Kaushik v/s State of Uttar Pradesh CRIMINAL APPEAL NO.305     OF 2013 (Arising out of S.L.P. (Crl.) No. 9276 of 2012), the Court considered all previous precedents and reaffirmed its position on the prohibition on filing multiple F.I.Rs for the same offence simply because multiple complaints on the same crime from different sources would jeopardise the investigation. Multiple F.I.Rs will be filed only if the subsequent informant accounts for a totally new version of the alleged occurrence.
5. E-FIR – E-FIR is a short form for electronic FIR and it can be filed in cases of cognizable offences like rape, murder, dowry deaths etc. Its main agenda is to protect the identity of such victims who may not be able to file FIR at the nearby police station for reasons such as social pressure, inability to face the society etc. As per the correspondence dated 22nd May 2023, the Bureau of Police Research & Development has informed the Law Commission of India that eight States i.e., Delhi, Gujarat, Kamataka, Madhya Pradesh, Odisha, Rajasthan, Uttar Pradesh, and Uttarakhand have implemented registration of e-FIR. Currently, these online portals facilitate registration of e-FIRs for vehicle or property theft, for lost articles, like wallet/purse, PAN Card, Passport, important documents like School or College Mark Sheets or Degree, Aadhaar Card, Driving License etc. Uploading of FIR on the police website is also being done as directed by the Supreme Court. The Law Commission Report 282, September,2023 can also be referred to study and understand more about it. The following table lists the offences for which e-FIR is being done in the above-mentioned eight states.

LIST OF OFFENCES FOR WHICH REGISTRATION OF E-FIR IS BEGINS DONE IN THE FOLLOWING 8 STATES:

Sr No.	States	List of offences
1.	Delhi	l. Property Theft Case 2. M.V. Theft cases
2.	Gujarat	1. Mobile Theft 2. Vehicle Theft
3.	Karnataka	e-FIR for Reporting of Stolen Vehicles.
4.	Madhya Pradesh	e-FIR in cases of vehicle theft up to 15 lakh or general theft up to one lakh.
5.	Odisha	Citizen can lodge FIR electronically for MV Theft Cases in the following Circumstances: Unknown Accused Not involved in Crime (Vehicle should not be involved in any Crime. Complaint shall give mandatory self-certification that the vehicle is not involved in any crime at the time of filing of e-FIR) Not traced (Vehicle should not have been recovered till the filing of e-FIR. Complainant shall give mandatory self-certification to this effect. There shall be provision for verification of vehicle information from Vahan/ Sarathi applications.) No injury
6.	Rajasthan	Vehicle Theft onlv
7.	Uttar Pradesh	e-FIR facility available for unknown accused cases
8.	Uttarakhand	e-FIR facility is available only for unknown accused

Conclusion

In India, First Information Reports (FIRs) are the primary source of information used to launch legal proceedings in response to recorded crimes or incidents. These reports are essential in directing the legal system, law enforcement, and investigators as they seek out the truth, justice, and accountability. As a record of events and a tool for swift action by authorities, FIRs are essential to ensuring a fair and transparent legal system. They play a crucial role in determining the circumstances surrounding occurrences and, eventually, in advancing India’s rule of law.  In areas where visiting the Police Station might not be feasible due to security or other infrastructural issues, filing e-FIR may prove to be a boon. Also, filing of e-FIR would help in overcoming reluctance shown by police officers to file FIRs in cases of petty offences. Moreover, it would overcome the difficulties resulting from low police to public ratio.

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Written by Ms. Devyani Thawkar and Team.

Previous Relevant: FIR Requirements , Evidentiary Value -FIR  , False Information & Statements , FIR and Complaint

Frequently Asked Questions:

Q1. What is a General FIR ?

A1. person that feels they have been wronged in routine transactions or situations can file a general first information report (FIR) at the local police station.

Q2. Describe a Zero FIR?

A2. Instances that demand for immediate action but come under the purview of another station are frequently handled by filing a Zero FIR, which can be done at any police station, regardless of jurisdiction. It is given the value “0.”

Q3. What do a cross FIR or a counter FIR mean?

A3. When both parties to an incident file FIRs against one another, it is referred to as a counter FIR or cross FIR. To prevent inconsistent rulings, these matters are typically handled concurrently.

Q4. What exactly are multiple or a second FIR?

A4. The initial FIR about the same offence or the same accused persons is related to a second FIR. It is only permitted if the two FIRs have different facts, circumstances, or accused parties.

Q5. Describe the E-FIR ?

A5. E-FIRs, or electronic FIRs, are submitted online in circumstances of crimes that are legally punishable, like rape, murder, and dowry deaths. When filing a FIR at a physical police station, victims who might experience social pressure or other difficulties benefit from this protection of identification.

Q6. How is a Zero FIR transformed into a standard FIR carried out?

A Zero FIR is filed and then forwarded to the appropriate police station. There, a serial number is given to it, turning it into a typical FIR.

Q7. Is it possible to file several FIRs for the same offence?

A7. For the sake of maintaining fair inquiry processes and safeguarding the accused from double jeopardy, multiple FIRs for the same offence are typically not permitted.

Q8. What use does an E-FIR serve?

A8. E-FIRs make it simpler for people to report crimes online, especially when critical documents are stolen or lost. They also assist in overcoming police personnel’ reluctance to report minor offences.

Q9. Which states permit E-FIR registration?

A9. Delhi, Gujarat, Karnataka, Madhya Pradesh, Odisha, Rajasthan, Uttar Pradesh, and Uttarakhand will all offer E-FIR registration beginning in 2023 for particular offences.

Q10. Why are Cross FIRs tried together?

A10. Cross FIRs are tried together to prevent conflicting judgments since they involve the same incident and parties. This ensures a fair and consistent legal process.