First Information Report (FIR) in Bharatiya Nagrik Suraksha Sanhita 2023

The First Information Report (FIR) plays a critical role in the criminal justice system in India. It serves as the initial document that sets the criminal law process in motion, allowing the police to investigate offenses. The term FIR is not defined in BNSS 2023 except the section 230 of the Code but in general the FIR is a formal written document prepared by the police when they receive information about the commission of a cognizable offense. This article covers the essentials of FIR, its legal framework, related provisions, and its importance in ensuring justice.

Definition of FIR

Under Section 173 of the Bharatiya Nagrik Suraksha Sanhita 2023 (BNSS 2023), an FIR is given as the information given to a police officer about the commission of a cognizable offense. A cognizable offense is one where the police have the authority to arrest without a warrant and initiate an investigation without prior approval from a magistrate.

 Key Elements of an FIR:

1. ·       It must be related to a cognizable offense.
2. ·       It must be provided to a police officer, either orally or in writing or by electronic communication.
3. ·       The information must be recorded in written form and signed by the informant.
4. ·       The informant must receive a copy of the FIR free of cost.

Cognizable and Non-Cognizable Offenses

The distinction between cognizable and non-cognizable offenses is critical to understanding when an FIR can be registered.

- Cognizable offenses [Section 2(g)]: These are serious crimes such as murder, rape, robbery, theft, etc. The police have the power to arrest without a warrant and start an investigation immediately.

- Non-cognizable offenses [Section 2(o)]: These are less serious crimes, such as defamation or assault, where the police cannot arrest without a warrant and need court permission to investigate.

The registration of an FIR is only mandatory in cognizable cases. For non-cognizable offenses, a complaint can be made to a magistrate who may then direct the police to take appropriate action.

Procedure for Filing an FIR (Section 173 of BNSS 2023)

The steps for filing an FIR under Indian law are outlined in Section 173 of the BNSS 2023:

1. Reporting the Offense: The informant, who may be the victim, a witness, or anyone with knowledge of the crime, provides details to the police. This information can be given orally or in writing or by electronic communication.

2. Recording the FIR: The police officer records the information in a prescribed format. If the information is given orally, the officer is obligated to write it down and read it back to the informant. If the information is given by electronic communication then it should be signed by the informant within 3 days.

3. Signing the FIR: The informant must sign the report to confirm the accuracy of the information. If the informant is illiterate, the officer should obtain a thumb impression.

4. Free Copy to Informant: The police officer must provide a free copy of the FIR to the informant. This ensures transparency and accountability in the legal process.

Refusal to File an FIR:

If the police officer refuses to file an FIR, the informant can:

1. ·       Approach the Superintendent of Police under Section 173(4) of the BNSS 2023.
2. ·       File a complaint with the copy of complaint to Superintendent of Police[u/s 173(4)] before a Magistrate under Section 175(3) BNSS 2023, who can order the police to investigate the case.
3. ·       Go to the Magistrate under section 223 of the Code.
4. ·       Go to the High Court under section 528 of the Code.

Essential Contents of an FIR

An FIR should include the following information:

1. ·       Name and address of the informant.
2. ·       Date, time, and location of the offense.
3. ·       Detailed description of the incident.
4. ·       Names of the accused (if known).
5. ·       Witnesses (if any).
6. ·       Any physical evidence related to the crime.

Importance of FIR

The FIR is crucial in the legal process for the following reasons:

- Initiates Investigation: The filing of an FIR sets the criminal justice process in motion, authorizing the police to investigate.

- Preserves Evidence: Since the FIR is lodged soon after the occurrence of the offense, it helps preserve the details and evidence of the crime.

- Legal Safeguard for the Victim: It ensures that the victim has an official document recording their grievance, which is essential for the legal proceedings that follow.

- Reference Document: It serves as the foundation upon which the entire criminal case is built, from investigation to trial.

Rights of the Informant

The informant, whether the victim or another person reporting the offense, has certain rights:

- Right to Receive a Copy: As per Section 173(2) of the BNSS 2023, the informant must receive a copy of the FIR at no cost.

- Right to Approach Higher Authorities: If the police refuse to file an FIR, the informant can approach senior police officers, the magistrate or the High Court.

- Right to Correct the FIR: If there are mistakes or omissions in the FIR, the informant has the right to request corrections.

Delay in Filing FIR

Though there is no strict time limit for filing an FIR, an unexplained delay in filing can raise doubts about the veracity of the information. Courts generally consider the circumstances surrounding the delay, and it is not always fatal to the case if properly explained.

Case Law Example:

In Lalita Kumari vs Government of Uttar Pradesh & Ors (2013), the Supreme Court ruled that the police must compulsorily register an FIR if the complaint pertains to a cognizable offense, irrespective of the time passed since the commission of the offense. However, it also stated that a preliminary inquiry could be conducted in certain cases (such as family disputes or medical negligence cases) to verify the legitimacy of the complaint before filing the FIR.

Types of FIRs

There are different types of FIRs, depending on the nature of the offense and its context:

- Regular FIR: Filed by the police when information about a cognizable offense is received.

- Zero FIR: This can be filed at any police station, irrespective of jurisdiction. Once registered, it is transferred to the relevant police station. This provision helps in emergency cases like sexual assault or accidents.

- Cross FIR: When there are counter-complaints filed by both parties involved in an incident, cross FIRs may be registered by the police.

FIR and False Complaints (Section 227 of BNS 2023)

Filing a false FIR is a serious offense under Section 227 of the Bharatiya Nyaya Sanhita 2023. If an individual knowingly provides false information to a public servant (such as a police officer), they can be punished with imprisonment for up to one year or a fine which may extend to ten thousand rupees, or both. This provision acts as a deterrent against malicious complaints and misuse of the FIR system.

Role of Judiciary in FIRs

The judiciary has consistently played a crucial role in ensuring that the right to file an FIR is upheld. Several landmark cases have shaped the procedure and rights concerning FIRs in India.

Relevant Case Laws:

- Bhajan Lal Case (1992): This case laid down guidelines for police officers regarding when to register an FIR and when an investigation may be delayed or refused.

- Lalita Kumari Case (2013): Reinforced that police officers must file FIRs without delay for cognizable offenses and emphasized the duty of law enforcement to investigate promptly.

Online Filing of FIR

As pr the section 173 (1) (ii) of the BNSS 2023 a FIR can be Lodged by electronic communication, it shall be taken on record by Police Officer on being signed within three days by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may by rules prescribe in this behalf.

Conclusion

The First Information Report is an indispensable tool in the Indian criminal justice system. It is the starting point of the investigative process, ensuring that justice is pursued swiftly. Legal safeguards exist to prevent misuse of the FIR process, and individuals have clear rights in the event of police inaction.

Understanding the provisions related to FIR, including Sections 173 of BNSS 2023 and 227 of BNS 2023, is essential for both legal practitioners and the general public to ensure effective use of this mechanism in upholding law and order.

By maintaining a clear procedural approach to FIRs, the Indian legal system aims to balance the rights of the victim with the need for thorough and fair investigation.