All about First Information Report (FIR) [with format]
We all know that we have to inform police when we become a victim or when we are well aware of an offence, but most of us do not have a clear idea of how to follow that procedure properly. What would be the consequence of this procedure, and there are so many misconceptions too. As a result, we often become afraid to Inform the police thus delay the legal action. On the other hand, even if we Inform police we made many mistakes which wakens the case and may become fruitless in the future.
In this article, we will address these issues to remove our misconceptions about the procedure and shall discuss by which procedure should we follow to file an application to the police station when we want to take action against a certain offence. The procedure is known as FIR or First Information Report.
What is FIR?
FIR stands for First Information Report; means First Information of a Cognizable offence that is given by a person who is an eye witness or well aware about the offence and that information is presented before the police station as an application to take necessary legal action. Now that is an overall idea but what our laws are telling about this FIR?
FIR according to CrPC (Code of Criminal Procedure)
According to section 154 of CrPC, it articulated that, when any information of any cognizable offence is presented before the police station whether written or orally the police officer (duty officer) will write down the information and read it to the informant, after that the informant will sign that written document.
Thereafter the police officer will fill up B. P. Form No. 27 as mentioned in the Police Regulations Bengal, 1943 (Section 243)
What is a cognizable offence?
You may have noticed that I have mentioned Cognizable offence that means not all offence are eligible for FIR if you are not from law background that may confuse you. Let me make it simple; all offences are divided into two categories.
These are offences that are comparatively grievous in nature and heavy punishments are sanctioned for them. Police can take immediate action like arrest and investigation after having the FIR of those offences, Police do not need a court order to act on such kind of offences. These offences are most of the time non-bailable too.
Examples of cognizable offences: Murder, Grievous Hurt, Theft, Dacoity etc.
Non- Cognizable offences
These are offences that are lite in nature and fewer punishments are sanctioned for them. Police cannot take immediate action like arrest and investigation after having the Information of those offences (via GD or FIR), Police do need a court order to act on such kind of offences. These offences are most of the time bailable too.
Examples of cognizable offences: Taking Gratification, Abetment by a public servant, giving false evidence to public servant etc.
How to find which offence is Cognizable and which offence is not?
For offences that are described under Penal Code find out the section of that offence first then look for it in the Schedule II of The Code of the Criminal Procedure, 1898. In column 3 of the schedule described whether police may arrest without warrant or not, if the police do not require any warrant that is a cognizable offence and if the police do need and offence that is a non-cognizable offence. In other laws, often it is mentioned if the offences are cognizable or not.
Procedure of FIR
- 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.
- The officer will then read the whole Information to the informant.
- If the information is the same as given by the informant the informant will sign it as his approval
- After that
- Then the police officer will fill up B. P. Form No. 27 as mentioned in the Police Regulations Bengal, 1943 (Section 243)
This is the procedure to file FIR for an ordinary person after FIR Police will take necessary steps to take proper action.
Elements of FIR
Some elements must be present in FIR, like;
- Name of the Police Station
- Name, Identity and address of the informant
- Name and other information of accused (If possible)
- Date and time of the crime/offence
- Place of the Offence
- Name of the witness (if any)
- Sign or Thumb impression of the informant
Some other information is not must in the FIR but shall provide a clear picture of the situation and will be a great support during the trial, such as;
- If Filing of FIR is delayed; reason and explanation of that delay.
- Describing the incident step by step with time schedule
- Any previous reference of enmity between the accused and the victim
- Medical report if already obtained, but do not wait for a medical report as it will be collected by police during the investigation.
- Mention any other incident, connection, document, report if related to that offence.
Some case laws and rulings regarding FIR
- Police will not deny filing the FIR to verify the information first (PRB 243 (f))
- FIR must not be delayed for Doctors’ certificate
- If the informant does not want to sign in the FIR that information should be logged as GD
- Previous GD can be considered as FIR after the occurrence of the offence
- Information over the telephone can also be considered as FIR but the informant must come and sign in the document if the informant is reluctant to do so police officer himself can be the informant for that FIR.
- A Constable or other authorized person in the police station can File the FIR if the concerned officer is not in the station.
- Information of FIR must be concreating and the officer may try to find it via simple question.
Evidentiary value of FIR
FIR is one of the most significant elements of a criminal case but no judgment can be given only based on the FIR, therefore, corroboration of other evidence and witnesses are necessary. It is admissible under Section 8 of the Evidence Act, 1872. This report can be used in the case to rise or remove any doubt about the case.
Consequence of False FIR
Often we see people File a false claim and accuse other people out of enmity, giving false information regarding FIR is an offence punishable under section 182 or 211 of Penal Code. which mean by presenting a false FIR a person may put himself in prison from 6 months up to 7 years which may also include fine.
What will the police do after filing FIR?
After filing the application via FIR this is becoming a GR (General Register) Case, at first police will take the accused in custody if they are already caught by the informant or by general person (under section 59 of CrPC) and shall show them arrest if they believe the story mentioned in the FIR. They will run their own investigation; talk with witnesses and take evidence like doctors’ report, previous history, criminal record, previously logged GD etc under section 154 of CrPC, then they will produce the accused and all evidence before the court (of Magistrate) for his consideration. The case will be represented by the government via a public prosecutor (govt. advocate) appointed by the government.
What to do if FIR is filed against you?
If you think FIR is filed against you check by sending someone to the police station who you can fully trust. Know the sections/offences that are mentioned against you and contact a lawyer immediately.
- If you are interested in the Criminal Trial you may like to follow this article: Trial steps (Criminal Procedure)
- Read about FIR in Bangla: Click Here
- You may also like our video on FIR given below (in Bangla)
FIR Example with Format:
Bhola Sador Police Station|
Subject: Entry of an Ejahar.
I beg most respectfully to state that I am the undersigned Annor Khan, S/O Salam Khan, Village – Banker Hat, Police Station – Bhola Sador, District – Bhola. I am a businessman of seasonal goods. Today I Was returning from the weekly hat of Banker Hat with my son Salim Khan by selling 10 mouns of rice. At 9 p.m. when we were near at Khaya Ghat in the light of the Moon we saw some persons on the road ahead to us. When we came nearer to them 1. Hanif son of Alif, 2. Dabir son of Khabir of Khaya Gaht along with 7/8 miscreants forcibly stopped us and showed two big glassing swords and wanted what we had with us. We disagreed to deliver anything to them. Then Hanif handed over one sword to Dabir and Dabir hit with that sword to my son’s right hand and forcibly took my handbag from me. I had 48,000/- Taka (Forty-Eight Thousand Taka) within the handbag that I got from selling rice in the hat. Hanif and Dabir threatened us not to inform it to the police or others. They also threatened us if we would do anything against their command our life will be ended forever. Then hearing our shouts and cry some villagers named Suban, Kurban and others came and rescued us and took my son to the nearest hospital. My son has been admitted in the Bhola Sadar Hospital and now he is under treatment. I am late for a few hours to lodge the petition because of transferring my son to the hospital. I, therefore, pray and hope that you would be kind enough to arrest and present the above miscreants before the court of law for trial and punishments.
I remain Sir
S/O Salam Khan
Village – Banker Hat
Police Station – Bhola Sador
District – Bhola.