In India, the First Information Report (FIR) is the cornerstone of the criminal justice system. It is the first official step that initiates a police investigation into a crime. Every citizen must understand their rights and the procedures involved in filing an FIR, especially under the new legal framework established by the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. An FIR is a written document prepared by the police when they receive information about the commission of a cognizable offense. A cognizable offense is a serious crime for which the police can arrest a suspect without a warrant and start an investigation immediately. Examples include theft, assault, murder, and serious fraud.

Advice in such cases

If you have been a victim of a crime or have witnessed one, it is crucial to act promptly and correctly. Here is some general advice:

• Stay calm and try to recall all the details of the incident as accurately as possible. Note down the date, time, location, and sequence of events.
• Do not delay in approaching the police. The sooner the information is reported, the better the chances of a successful investigation.
• Document everything. If the police refuse to register your FIR, make a note of the officer’s name, rank, and the time of your visit.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

Applicable Sections of Law

The right to file an FIR and the duties of the police are clearly defined under the new laws:

• Section 173(1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: This section makes it mandatory for the officer in charge of a police station to record any information related to a cognizable offense. If the information is given orally, it must be written down, read over to the informant, and signed by them. The police cannot refuse to register an FIR for a cognizable offense.
• Section 173(3) & 173(4) of the BNSS, 2023: If a police officer refuses to register an FIR, the informant has the right to send the substance of their complaint in writing to the Superintendent of Police (SP) or a senior officer. If the SP is satisfied that the information discloses a cognizable offense, they can either investigate the case themselves or direct a subordinate officer to do so. If this also fails, the aggrieved person can file an application before the concerned Magistrate, who can order the police to register the FIR and conduct an investigation.
• Bharatiya Nyaya Sanhita (BNS), 2023: This code defines the various offenses. The FIR will mention the relevant sections of the BNS under which the crime falls.

If you are the complainant

As a complainant or informant, you are performing a crucial civic duty. Follow these steps:

• Visit the police station that has jurisdiction over the area where the crime occurred. If you are unsure, you can go to the nearest police station to file a “Zero FIR,” which they are obligated to register and transfer to the correct station.
• Provide a clear, factual, and chronological account of the incident to the officer on duty. Avoid exaggerations or assumptions.
• After the FIR is recorded, the officer must read it back to you. Ensure all the details are correct before signing it.
• You have a legal right to receive a copy of the FIR, free of cost. Insist on getting it.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

If you are the victim

If you are the victim of the crime, the process is similar, with some specific protections:

• You have the right to report the crime without fear or intimidation.
• In cases of crimes against women, especially sensitive offenses, the information should preferably be recorded by a woman police officer.
• For certain offenses, there are provisions for the police to record the victim’s statement at their residence or a place of their convenience.
• Your safety and privacy are paramount. You can request that your personal details be kept confidential in certain cases.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

How the police behave in such cases

While many police officers are diligent, you may encounter some reluctance. Officers might sometimes try to downplay the seriousness of the offense, suggest it is a civil dispute, or attempt to broker a compromise between the parties. It is important to remember that for a cognizable offense, they do not have the discretion to refuse registration. Be firm, polite, and aware of your legal rights. If they refuse, you must escalate the matter to a senior officer or the court as provided under the BNSS.

FAQs people normally have

• What is a Zero FIR?
  

  A Zero FIR can be filed at any police station, irrespective of whether the crime was committed in that area. This is crucial for immediate action, especially in urgent cases. The station then transfers the case to the appropriate police station for investigation.

  
  
• Can an FIR be filed online?
  

  Many states have provisions for filing e-FIRs for certain types of offenses, like theft or lost articles. However, for serious crimes, it is generally required to visit the police station in person.

  
  
• What happens after an FIR is filed?
  

  Once the FIR is registered, the police are legally bound to start an investigation. This includes visiting the crime scene, collecting evidence, recording statements of witnesses, and apprehending the accused if necessary.

  
  
• Can an FIR be cancelled?
  

  An FIR can be quashed (cancelled) only by an order from the High Court, typically if it is found to be false, malicious, or if the dispute has been settled between the parties in compoundable offenses.

  
  

What evidence is required?

To file an FIR, you do not need to provide concrete “proof.” You only need to provide “information” that a cognizable offense has taken place. Your statement itself is the information. However, if you have any supporting evidence, such as photographs, videos, documents, or the names and contact details of witnesses, you should provide them to the police. This will greatly assist them in the investigation process.

How long will the investigation take?

The duration of a police investigation varies greatly depending on the complexity of the case, the evidence available, and the number of accused persons involved. The BNSS has introduced timelines for various stages of the investigation and trial process to reduce delays. For example, for certain crimes against women, the investigation is mandated to be completed within a specific period. After the investigation is complete, the police file a final report (chargesheet) before the court, and the trial begins.

Advocate Sudhir Rao, Supreme Court of India