Filing an FIR

FIR in simple words is known as the (First Information Report). The procedure for filing an FIR is mentioned under Section 154 of the Criminal Procedure Code, 1973. 

1. Why is an FIR important?

An FIR is a significant document as it gets the cycle of criminal justice moving. Only after the registering of a FIR can the police take up investigation of a situation.

2. Who can file an FIR? 

Anyone, a victim of a crime, a person who has witnessed a crime or who has information about the crime can file an FIR.

3. When is an FIR to be filed?

An FIR has to be filed immediately and any delay in reporting must be justified.

4. Where is the FIR to be filed?

An FIR is to be filed at a police station closest to the vicinity of the crime. Police stations cannot refuse filing of a FIR. 

5. How to file a complaint?

• Proceed to the nearest police station and provide all the details of the situation.
• Information can be given verbally or by writing it down.  In case it is provided verbally the police must note down the same and make an entry in the General Diary or Daily Diary. For written complaints one must provide two copies:  One for the duty officer and the other one which will be returned to you.
• Once the information is recorded it must be read over to you and you need to sign the FIR. The report should only be signed after verifying the information. 
• A free copy of FIR will be given, with an FIR number, date of FIR and the name of the police station. 
• The copies of the FIR must be stamped. The stamp bears a DD Number or Daily Diary Number. It is a proof that complaint has been received. In case you lose your copy, you can use these details to access the FIR online for free.

6. Can an FIR be filed at any police station?

A Zero FIR allows for any police station to register an FIR, regardless of their jurisdictional area.  It is usually used for crimes such as murder and rape and other cognizable offences, i.e. an offence for which police can take action without prior court approval. Initial action such as investigation is conducted before it is transferred to the appropriate jurisdictional station as required.

7. Can Details of An FIR be changed?

Once you register an FIR, the contents of the FIR cannot be changed. But additional information can be given to the police at a later point of time.

8. Can FIR be filed online?

Only certain kinds of FIR and complaints can be registered online in some cities. An e-FIR can be filed for cognizable offenses. But in the cases of non-cognizable offenses a complaint can be filed online instead of a FIR. Such complaints can be later escalated into an FIR after seeking necessary permissions from the local magistrate.

9. What can you do if your FIR is not registered?

You can meet or send your complaint in writing and by post to higher officers like the Deputy Inspector General of Police, Superintendent of Police or Inspector General of Police. If they are satisfied they shall either investigate the case themselves or order an investigation. Further one can file a private complaint before the court having jurisdiction. Lastly you can also make a complaint to the State Human Rights Commission or the National Human Rights Commission. 

10. Are there alternate steps available to filing an FIR?

Yes, there are alternate steps to filing an FIR, for women. Women can call the National Commission for Women (ideal in cases where there is a refusal to file an FIR) The National Commission of Women (‘NCW’) is a national level organization mandated to protect the interests of women. If you call the NCW, they will tell you how to proceed– the main functions of the NCW cell are to make spot enquiries, examine various witnesses, collect evidence and submit the report with recommendations, which can offer some direct and immediate assistance.

11. Is it mandatory for police to investigate every case reported to them?

The police may not investigate a complaint even if you file an FIR, when: (i) The case is not serious in nature; (ii) The police feel that there is not enough ground to investigate. However, the police must record the reasons for not conducting an investigation and must also inform you.

12. What is the next step after filing an FIR?

When there is sufficient evidence a Challan is prepared. If it is deemed that there is enough proof on the charge sheet the case goes to court. When there is insufficient evidence, F.I.R is declared as Untrace. When FIR is found to be false or is transferred to other Police Station on point of jurisdiction, it is decided as Cancelled. Only the High Court can quash the FIR. If the police decide to close the case, they are bound to inform the person who filed the FIR of their decision.

13. Helpline Numbers:

• Hyderabad/Secundrabad Police Station: 040-27853508
• Hyderabad Women Police Station: 040-27852400/4852
• For Cyber-Crimes: 040-27852412
• Deputy Commissioner Of Police – Missing Child And Women: 1094
• National Human Right Commission: 011-23385368/ 9810298900
• Child Helpline Number: 1098
• Women Helpline (All-India): 1091/ 181
• National Commission For Women: 011-26942369, 26944754
• Telangana Women Safety Wing: +91 7901100062 , 040 27852246