DE-CODING FIRST INFORMATION REPORT (F.I.R.)

 

      DE-CODING FIRST INFORMATION REPORT (F.I.R)

Upon receiving information about the commission of a cognizable offence, police prepares a written document called First Information Report (F.I.R). Anyone who knows about the commission of a cognizable offence can lodge an F.I.R.

The informant/person lodging F.I.R may be:

·      The victim or any person on behalf of the victim,

·      witness,

·      police,

·       a minor etc.

 Even a telephone call is sufficient to register an F.I.R.

The object of F.I.R is to set the criminal justice system/machinery of law in motion, enabling the police to investigate the offence. No F.I.R means no investigation and no conviction.

First Information Report has no evidentiary value and it must be lodged at the earliest, because any unreasonable delay in lodging F.I.R creates a room to doubt the truthfulness of the allegation against the accused incorporated in F.I.R.

First Information Report (FIR) is a public document, which means that any person may obtain a certified copy of an F.I.R from police (PLD 2007 KAR 45).

(A cognizable offence is an offence in which the police may arrest a person without a court warrant. Conversely, in non-cognizable offences, the police cannot arrest a person/accused without a warrant).

 

 

The Anatomy Of F.I.R.

An F.I.R consists of six columns. The contents of an F.I.R are as under;

·      Name and address of the informant/complainant.

·      Date, time and location of the incident reported.

·      True facts of the incident, including the use of weapons (if any).

·      Name and description of the persons involved in the incident.

·      Police Station, FIR Number and Police Action.

 

Procedure For Lodging An F.I.R U/S 154 CRPC:

Ø The police shall reduced into writing the information (whether oral or written) provided by the informant  regarding the commission of a cognizable offence.

Ø Once the information is recorded by the police in the FIR Register, it must be read over to the person lodging FIR.

Ø The informant shall sign the F.I.R (information recorded by police) only after verifying that it is as per the details given by him.

Ø The person lodging FIR must be provided with a copy of FIR free of cost, by the police.

Ø Alternatively, online FIR can also be lodged by visiting the relevant provincial police official website.

(In case of offences against women i.e. section 336-B, 354, 354-A, 376, 509 PPC, a lady police officer shall visit the victim’s house to record information for the registration of FIR, in the presence of another female member of the victim’s family).

 

 

What To Do When Police Refuses To Register F.I.R?

It’s a very common practice in Pakistan that whenever an aggrieved party approaches police station to lodge an F.I.R, the police officers most often either refuses or delays the registration of F.I.R, thereby favoring the perpetrators. In such cases, the aggrieved person shall approach the Superintendent of Police to get the F.I.R registered.

Still if the Superintendent of Police (SP) is not entertaining the aggrieved party, one may file a petition under section 22-A & B of the Code of Criminal Procedure (CRPC) in the court of sessions (more specifically with Justice of Peace) to register F.I.R.

 Justice of Peace (JP) after reviewing the application of the petitioner may issue directions to the concerned police officer to register F.I.R (If in the opinion of JP a cognizable offence has been committed). However, under certain circumstances, he may direct the applicant to resort to alternative remedy for the redressal of his/her grievances, by filing a private complaint under section 200 CRPC (i.e. in case of non-cognizable offences).

 

 

 

                    Penned by:

                                        Muhammad Samir Khan (7^th Semester)

                                         Law College, University Of Peshawar.