What is an FIR?

An FIR stands for First Information Report. It is called so because it is the first document of information provided to the police. Usually, the victim of the crime or someone acting on their behalf files it. It initiates the criminal law and serves as the foundation for police inquiries. It is a written report made by the police on learning of commission of either a cognizable or non-cognizable offense.

The concept of filing an FIR in India is covered under section 173 of Bharatiya Nayaya Sanhita 2023. This provision suggests that an officer in-charge (police) of a police station shall on getting information of a cognizable offense make a written report (FIR) and forward it to the nearest magistrate within 24 hours of receiving the information. This information may be given either orally or with help of electronic communication. Whereas, in a non-cognizable offense, given under section 174, the officer-in-charge of the police station shall on receiving information of such offense make an entry of the substance of the information in the written report.

Why is FIR important?

An FIR is a very important document as a police investigation begins with this report, which is the first official record of a crime. It is filed in response to a cognizable or non-cognizable offense, which require police action under Section 173 and section 174 of BNSS 2023. The FIR is the proof that a crime was reported, ensures prompt police response, and helps in the preservation of evidence. As a copy is forwarded to the magistrate for review, it also holds accountability and clarity. In simple terms, the FIR is important because it initiates legal action and establishes the basis for an investigation and the dispensation of justice.

What is a Zero FIR?

A Zero FIR is an FIR that can be submitted to any police station regardless of the place of crime occurred. At first, it does not receive a standard FIR number. After filing, a new FIR is registered and the investigation is started by the police station of the place where the crime was actually committed. Zero FIR is intended to help victims of serious crimes, that are, women and children, in immediately filing complaints without having to rush between police stations. Additionally, it helps prevent witnesses and evidence from being lost or affected by delays. The police station with jurisdiction over the crime scene receives the Zero FIR after it has been registered.

E.g., If someone from Delhi is robbed while traveling in Mumbai, they can report it to the Mumbai police for investigation by filing a Zero FIR at any local police station, even in Delhi.

Who can lodge an FIR?

It is not necessary for an eyewitness or the person directly involved to file an FIR. Since legal standing (locus standi) is not required, anyone can file an FIR. Additionally, you don't have to include every little detail when registering it as it doesn't have to be an encyclopaedia of details. It may even be based on hearsay, or information obtained from other people.

What is to be mentioned in the FIR?

·      Your name and address,

·      Date, time, and place of the incident you are reporting,

·      Actual facts of the incident as it happened,

·      Names and descriptions of the individuals involved in the incident,

·      And if any witnesses involved.

What happens after an FIR is filed?

1.    For Non-cognizable offense

·      On receiving information concerning a non-cognizable offense by a police officer, they shall note down the information and suggest the person to approach the magistrate. But the police cannot file an FIR or start an investigation of such offense without the permission of the respective magistrate.

·      In context of non-cognizable offense, the police conduct an investigation only on the authorization of the Magistrate. As soon as the Magistrate orders, the police start the investigation.

2.    For Cognizable offense

·      On receiving information of concerning a cognizable offense, the police officer can register an FIR and forward the report to the respective magistrate. Subsequently, they shall reach the location where the offense took place in order to conduct an investigation regarding facts and situation of the case, and if needed, do the findings to arrest the suspect or accused.

·      After registering the FIR, police officer may arrest the offender without requiring a warrant from the Magistrate for examination. In case the examination is not completed within 24 hours from arrest, the offender shall be brought before the magistrate, who decides whether to put the offender under police custody (police lockup) or judicial custody (prison).

·      In case of cognizable offense, police perform an investigation, note down any obtained statements and gather evidences. To record statements, the police conduct a probe of the offender, aggrieved, complainant and other witnesses. The police use these statements for the purpose of cross-examination in court, thus, they have to be given diligently. 

[Note – After the FIR is filed, the complainant is provided with a free stamped copy of the FIR with a unique number on it and this copy serves as a proof that a complaint has been filed].

2. Step-by-Step Process After Filing an FIR

Step 1: Registration and Acknowledgment

Once the police register the FIR, you are entitled to a free copy of it. This is an important document—keep it safe. It serves as proof that a complaint has been officially registered and outlines the facts as reported by you.

Step 2: Investigation by the Police

After registration, the investigation process begins. The police officer in charge (known as the Investigating Officer or IO) conducts various tasks to collect evidence, including:

·      Visiting the scene of the offence

·      Taking photographs or seizing material evidence

·      Recording witness statements under Section 161 CrPC

·      Collecting forensic or medical evidence, if necessary

·      Summoning or arresting the accused (if grounds exist)

The aim of the investigation is to determine whether a crime was indeed committed, who is responsible, and what evidence supports the allegations.

Step 3: Arrest of the Accused (If Applicable)

If sufficient evidence or reason exists, the police may arrest the accused. The nature of the offence (bailable or non-bailable) decides whether the accused can seek bail immediately or must apply before a court.

The police must:

·      Inform the accused of the reasons for arrest.

·      Produce the accused before a Magistrate within 24 hours, as per Article 22(2) of the Constitution and Section 57 CrPC.

Step 4: Police Report and Charge Sheet

Once the investigation is complete, the police prepare and submit one of the following reports to the Magistrate under Section 173(2) CrPC:

1.  Charge Sheet (Challan):

If evidence supports that a crime was committed, the police file a charge sheet naming the accused, witnesses, and collected evidence.

2.  Closure Report:

If the police find no sufficient evidence or conclude that no offence occurred, they may file a closure report.

The complainant has a right to receive notice and can object to the closure report before the Magistrate if they disagree with it.

Step 5: Court’s Role – Taking Cognizance

Once the report reaches the court:

·      If the Magistrate finds sufficient grounds, the case proceeds to trial.

·      If not, the Magistrate may dismiss the complaint or order further investigation.

The court’s decision determines whether the matter moves forward to prosecution or ends at this stage.

Step 6: Commencement of Trial

If charges are framed, the case enters the trial stage, where:

·      The prosecution presents evidence and witnesses.

·      The defence cross-examines and presents its case.

·      After hearing both sides, the court delivers a judgment of conviction or acquittal.

Decision of Magistrate

·      When the closure report is forwarded to the magistrate by the police, the magistrate can either accept the report and close the case, direct a re-investigation under section193(9) of BNSS, or take cognizance of the case and directly summon the accused. The complainant who filed the FIR can appeal against this closure report. This was held allowed in the case of Bhagwant Singh v Commissioner of Police.[1]

·      When a chargesheet is forwarded, the magistrate takes cognizance of the case and begins the trial proceedings. If the offence falls under the jurisdiction of a sessions court, the case documents are forwarded to the district or sessions court for trial. In all other cases, the magistrate’s court conducts the trial.

3. Rights of the Complainant After Filing an FIR

You are not powerless after filing an FIR. The law provides several rights to ensure fairness and accountability:

·      Right to a copy of the FIR: Free of cost.

·      Right to information: You can ask for updates on the progress of the investigation.

·      Right to be heard: Especially when the police seek to close the case.

·      Right to legal assistance: You can engage a lawyer to assist during investigation or court proceedings.

·      Right to protection: In sensitive or threatening situations, the complainant can seek police protection or court orders.

4. What If the Police Do Not Investigate Properly?

If you feel that the investigation is biased or incomplete, you can:

·      File a written complaint to the Superintendent of Police (SP) under Section 154(3) CrPC.

·      Approach the Magistrate under Section 156(3) CrPC, requesting court-supervised investigation.

·      Seek legal remedies such as writ petitions in High Court in extreme cases of negligence or harassment.

Further, if the police send the chargesheet to the Magistrate in case of commission of offense, this chargesheet shall include:

·      Parties involved,

·      List of witnesses and their statements,

·      Offense committed and the offender along with charges and sections to be applied,

·      Arrest of the offender.

If the police send a closure report to the Magistrate, they may decide to close the case but have to inform the person who filed the complaint of the case.

Key takeaways

A First Information Report (FIR), including a Zero FIR, is the preliminary step of the criminal justice system which initiates the law. As it is filed, it ensures prompt police action, collection of evidence, and investigation subject to judicial supervision. It can result either in a chargesheet if the evidence is discovered or a closure report if not. It maintains transparency, accountability, and speedy justice, which enables an individual to report a cognizable or non-cognizable offence anywhere without any delay.

At SolvLegal, we simplify legal complexities and help individuals and businesses understand their rights, processes, and remedies. If you need guidance on FIR-related matters or criminal procedures, our legal experts can assist you step-by-step.

[1] Bhagwant Singh v Commissioner of Police, (1985) 2 SCC 537.