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How to File an FIR?

IamCheated.com Research Team | October 06, 2018  5:28:pm

How To File An FIR?

Priya, a 27 year old software engineer, lives in Bengaluru with her younger sister who is pursuing her Masters. One weekend when they came back from their village, they were shocked to know that their scooter was not in place where it had been parked. They checked with their neighbors, but nobody had a clue on where it was. On a suggestion from one of the neighbors, they went to the police station to file a complaint. Unfortunately, both sisters were unaware of the procedure on how to do so. Not just these sisters, many Indians are not aware of even the basic legal procedures. As crimes are increasing at a rapid rate, it is very important for you to know how to file an FIR.  In this blog, we will discuss everything you need to know on filing an FIR at the police station.

What is an FIR?

FIR refers to the first information report and it is the initial step to initiate criminal proceedings. It is a written document filed in the police station either by the victim, a witness to the incident or any person with knowledge on the incident. It is also considered one of the most important supportive evidences. Each FIR has a unique number. It is primarily the formal registration of a criminal complaint.

Who can file an FIR?

An FIR can be filed at the police station by the victim, a witness to the incident or any individual who has knowledge of the incident.

Why file an FIR?

Filing an FIR is very important, as it is the first information given to the police on the crime. Only after an FIR is filed will police start the process of further investigation. It is not compulsory that the person who files an FIR should be completely aware of the offense. What is important is giving information to the police at the right time.

When to File an FIR?

An FIR should be filed as soon as possible. If you delay filing an FIR, there are high chances of your credibility taking a hit and the police might think you are hiding something.

Where should you file an FIR?

You should file an FIR at the police station under whose jurisdiction the crime has taken place. Due to an emergency, if you are not able to file an FIR at the appropriate police station, you can register the case at any police station and then transfer the investigation to the relevant police station. If you are not able to go to the police station and file an FIR, the police can file an FIR on the basis of your phone call or e-mail.

How to file an FIR?

1. You can give information on the offense to the police either orally or in a written form. In case of an oral complaint, the authority has to record and write it down. In such cases, you need to ask the policeman to read what is written down, to check its accuracy.

2. The person who is filing the complaint has to sign the FIR. If the person does not know to write, he can put his left thumb impression on the document.

3. Police authorities should register an FIR in the police record book.

4. You should ask the policeman to give you a copy of the FIR.  It is your right to get it free of any charges.

What are the Consequences of Delay in Filing an FIR?

  • A delay of 5 hours: A 5 hour delay in filing the FIR, is not seen as suspicious.
  • A delay of 12 hours:  A 12 hour delay in filing the FIR comes within the purview of Evidence law.
  • A delay of 15 hours:  If the FIR is lodged with a delay of 15 hours, a false implication cannot be totally ruled out.
  • A delay of 5 days: If the FIR is filed with a delay of 5 days, the accused becomes entitled to the benefit of doubt.

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