Tuesday, January 29, 2013

CRPC - F.I.R

First information report (F.I.R) Sections: 154-156.


A police officer who receives information of any cognizable offence being committed or been committed then he shall file a first information report F.I.R. Any person who has information about any cognizable offence committed then he can go to a police station and give the station in charge the information ,who shall file a F.I.R based on the information.

It has to be understood the F.I.R does not have any evidenciary value, it has can only be used to corroborate or contradict evidence produced under the Indian evidence act.

Delay in filing F.I.R is tolerated. For eg: A was attacked by 4 people and was grievously injured. A's relatives who were witness took him to the hospital immediately and filed the F.I.R only the next day, the police officer cannot refuse to file the F.I.R citing that it is delayed. The responsibility of A's relative was to save his life at that time and not give information to the police. Therefore its ok that the F.I.R was filed a day later. 

A police officer cannot refuse to file an F.I.R , a complaint can be given about the concerned officer who refuses to file an F.I.R in a case. Once a F.I.R is filed the copy has to be given to the informant free of cost.

F.I.R does not make any person guilty or not guilty. It just records information about the alleged commission of a cognizable offence.

A police officer carries out the investigation based on the F.I.R. After the investigation is completed and the charges are definite against the accused then a charge sheet is filed against the accused by the public prosecutor in charge of the said case.


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