1 )What is an F.I.R ?
F.I.R. means ‘First Information Report’, made to police, about
commission of a cognizable offence. Police is duty bound to reduce any such
information about the commission of any act or omission made punishable by
any law into writing and read it over to the informant. Further, it
is mandatory to give a copy of the first information report as recorded by
police to the complainant or informant free of cost. In other words we can say
that an FIR is a written document prepared by the Police after the receipt of
the information, either orally or in writing, for the first time.
Effects of an F.I.R. :- it amounts to putting the process of
criminal justice or the law into motion by giving information relating to the
commission of a cognizable offence to an officer in charge of a police
station. Investigation, arrest, bail, trial, etc. follows after
FIR. Section 154 of the Code of Criminal Procedure, 1973 deals with
FIR
“Section – 154 : INFORMATION IN COGNIZABLE CASES (1) Every
information relating to the commission of a cognizable offence, if given orally
to an officer in charge of a police station, shall be reduced to writing by him
or under his direction, and be read over to the informant; and every such
information, whether given in writing or reduced to writing as aforesaid, shall
be signed by the person giving it, and the substance thereof shall be entered
in a book to be kept by such officer in such form as the State Government may
prescribe in this behalf. (2) A copy of the information as recorded under
sub-section (1) shall be given forthwith, free of cost, to the
informant. (3) Any person, aggrieved by a refusal on the part of an
officer in charge of a police station to record the information referred to in
sub-section (1) may send the substance of such information, in writing and by
post, to the Superintendent of Police concerned who, if satisfied that such
information discloses the commission of a cognizable offence, shall either
investigate the case himself or direct an investigation to be made by any
police officer Subordinate to him, in the manner provided by this Code, and
such officer shall have all the powers of an officer in charge of the police
station in relation to that offence.”
However if nothing happens even after 15 days of writing to
a Superintendent of Police concerned, you then can file a complaint case
before the magistrate.
“Section- 190: COGNIZANCE OF OFFENCES BY MAGISTRATE – (1)
Subject to the provisions of this Chapter, any Magistrate of the first class,
specially empowered in this behalf under sub- section (2), may take cognizance
of any offence-(a) Upon receiving a complaint of facts which constitute such
offence; (b) Upon it police report of such facts; (c) Upon
information received from any person other than a police officer, or upon his
own knowledge, that such offence has been committed.”
2 ) How do I lodge F.I.R.? Whether
it can be lodged by giving a phone call?
You should go to the police station (having jurisdiction over
the area, where the offence is committed) and report to officer in-charge/
Station House Officer about commission of a cognizable offence.Yeah even a
telephonic message can be treated as first information and thereafter be
reduced into writing in the form of an FIR. In case the information is
given over the telephone, the informant / complainant should subsequently go to
the police station for the purpose of obtaining a copy of the FIR thereafter.
3 ) What is a cognizable case or What is cognizable offence
?
A cognizable case means a case in which a police officer may
arrest without warrant in accordance with the First Schedule of Code of
Criminal Procedure, 1973 (Cr.P.C) or under any other law for the time being in
force.
4 ) What is the meaning of the term ‘taking cognizance’?
The term ‘taking cognizance’ has not been defined in Code of
Criminal Procedure. When any Magistrate takes cognizance under section 190 (1)
(a) Cr.P.C., he must not only have applied his mind to the contents of the
petition, but he must have done so for the purpose of proceeding in a
particular way as per procedure prescribed in the Cr.P.C. and thereafter
sending the complaint for further enquiry. A magistrate can also order investigations
under section 156(3) of Cr.P.C.
5 ) What is a Non cognizable offence ?
Non cognizable offence means in which a police officer has no
authority to arrest without warrant. The Police cannot investigate such an
offence without the permission of the Court.
6 ) How do I complaint about a Non Cognizable offence?
Information about such offences is to be given in a similar
manner as explained under F.I.R.. The officer in-charge would reduce the
complaint in writing (about commission of Non cognizable offence) and give a
copy thereof to the complainant free of cost. No police officer can
investigate a non-cognizable case unless he obtains prior permission of a
Magistrate having power to try such case.