What is an FIR?
First Information Report (FIR) is the first information given to police about the commission of a cognizable offense. It sets the criminal law in motion and is recorded under Section 154 of CrPC.
Educational Purpose: This information is for general awareness only. Consult a qualified legal professional for specific advice.
Cognizable vs Non-Cognizable Offenses
- Cognizable Offenses: Police can arrest without warrant and investigate without magistrate's permission (e.g., murder, rape, theft, robbery, cheating, forgery)
- Non-Cognizable Offenses: Police cannot arrest without warrant; need magistrate's order (e.g., defamation, simple hurt, nuisance, trespass)
Contents of FIR
- Informant's name and address
- Date, time, and place of occurrence
- Name and description of accused (if known)
- Description of offense with relevant IPC sections
- List of witnesses (if any)
- Sequence of events in chronological order
Procedure for Filing FIR
1 Go to police station with jurisdiction over the area where offense occurred
2 Give information verbally or in writing to Station House Officer (SHO)
3 Police must record information (if cognizable) in FIR register
4 Read the recorded FIR and confirm accuracy
5 Sign the FIR register after verification
6 Police must give free copy of FIR (Section 154(2) CrPC)
Important: Police cannot refuse to register FIR for cognizable offense. Free copy of FIR must be given immediately.
What If Police Refuses to Register FIR?
- Complaint to Superintendent of Police: Under Section 154(3) CrPC - SP can order registration or investigation
- Complaint to Magistrate: Under Section 156(3) CrPC - Magistrate can order police to register FIR
- File Private Complaint: Under Section 200 CrPC - Directly before magistrate
- Writ Petition: Before High Court under Article 226 for violation of right
Zero FIR
When offense occurs outside police station's territorial jurisdiction, police can register Zero FIR (numbered as '0') and transfer to correct police station. Cannot refuse registration on jurisdiction grounds.
Sample FIR Format
To,
The Station House Officer,
[Police Station Name], [City]
Subject: Registration of FIR under Section 154 CrPC
I, [Name], son/daughter of [Father's Name], resident of [Address], state as follows:
1. On [Date] at approximately [Time], while I was at [Place], the following incident occurred:
[Describe incident in chronological order with all details]
2. The accused person(s) is/are [Name, description, address if known].
3. The offense committed is [IPC sections - e.g., 323, 341, 506].
4. Witnesses to the incident: [Names and addresses].
I request that an FIR be registered and investigation conducted.
Yours faithfully,
[Signature], [Name], [Date], [Mobile]
Zero FIR Format (Same as above but numbered '0')
Important Supreme Court Guidelines (Lalita Kumari v. UOI, 2013)
- Registration of FIR is mandatory for cognizable offenses
- Police cannot conduct preliminary inquiry except in exceptional circumstances
- Preliminary inquiry must be completed within 7 days
Offenses Where FIR Not Required
- Non-cognizable offenses (go via magistrate order)
- Matrimonial disputes (may be referred to mediation)
- Commercial disputes of civil nature
Quashing of FIR
FIR can be quashed by High Court under Section 482 CrPC or Article 226 if:
- Offense is civil in nature (malafide prosecution)
- Frivolous or vexatious complaint
- No prima facie case made out
- Parties have amicably settled