First Information Report

The expression ‘first information report’ is not defined under the Code of Criminal Procedure. It is a written document prepared by the police when they receive information about the commission of a cognizable offence. First Information Report is the information that reaches the police after commission of the offence. It is generally a complaint lodged with the police by the victim of a cognizable offence or by someone on behalf of the victim. FIR has to be filed immediately and any delay in reporting must be justified. The police officer must give the copy of the FIR at no cost to the person lodging it.

Cognizable Offence

A cognizable offence is one in which the police may arrest a person without warrant. They are authorised to start investigation into a cognizable case on their own and do not require any orders from the Court to do so.

Non-cognizable Offence

A non-cognizable offence is an offence in which a police officer has no authority to arrest without warrant. The police cannot investigate such an offence without the Court’s permission.

Procedure of filing FIR [Sec. 154]

The procedure of filing FIR is prescribed in Sec. 154 of the Criminal Procedure Code, 1973-

1. Information must be given to the officer in-charge of the police station; when information about the commission of a cognizable offence is given orally, the police must write it down.
2. The person lodging the FIR can demand as a right that the information recorded by the police must be read over to him.
3. After recording of the information by the police, it must be signed by the person giving the information.
4. The person who has lodged it can ask for a copy of the FIR. The police must give the same without any cost.

Delay in lodging FIR

It is must that FIR must be lodged based on occurrence of the offence by the informant with all its important details gives an assurance regarding its true version. In case of delay in filing of FIR, the complainant must give detailed explanation for the same. However, it is important to note that delay in lodging the FIR does not make the complainant’s case weak when such delay is properly explained to Court. When there is a deliberate delay in lodging FIR then to prove its contents would be fatal. Court has to carefully examine the facts before it, for the reason, that the complainant party may initiate criminal proceedings just to harass the other side with mala fide intentions or with ulterior motive of wreaking vengeance.

In the case of Subhash Kumar v. State of Uttarakhand, AIR 2009 SC 2490– The Apex Court in this case held that FIR is not to be treated as an encyclopaedia. Effect made in the FIR at the earliest point of time should be given primacy. It is not a mandate that all minute details shall be mentioned in the FIR; however the commission of offence in detail must be furnished.

In another case of Nawratan Mahton v. State of Bihar, 1979 CrLJ 1295 SC– It was held in this case that not mentioning the details in the FIR is not a ground for rejecting the prosecution case. If the minute details are not mentioned in the FIR, the same does not make the prosecution case doubtful.

Delay in Passport verification

The Bureau of Police Research and Development (BPR&D) suggested that the police would be made to pay penalty of delay in service. The report has been prepared for delivery of services to citizens as part of a drive to promote good practices, accountability and transparency in police services.

If the police fails to complete the passport verification within 20 days and it cannot provide a copy of an FIR on the same day a complaint is lodged or does not release an impounded vehicle in three days despite conclusion of formalities, a cop could end up paying a penalty of Rs 5,000 or a Rs 250 daily fine. The penalties are among several suggested by the Bureau of Police Research and Development (BPR&D) to make police officers accountable for delivery of services to citizens as part of a drive to promote good practices, accountability and transparency in police services.

Conclusion

The process established by law cannot be misused by anyone and no one can be permitted to degenerate into a weapon of harassment and persecution. The police is duty bound to lodge FIR in cognizable offences and if refused to do so then you may adopt the necessary measures such as approaching the Higher Officials.

Also, verification of passport in the given timeline is the duty of the police and if not done so then it can be fined, as mentioned above. The legal processes cannot be superseded by any one as no one is above law. Hence, always be aware of your rights and approach for the relevant legal remedy when aggrieved.