First Information Report (FIR), Definition, Authority, Zero FIR

An FIR (First Information Report) is the very first step in the criminal justice process. It plays a crucial role in setting the law in motion whenever a cognizable offence is committed. Understanding FIR is important not only for law students and competitive exam aspirants but also for every citizen, as it protects legal rights and ensures police accountability.

What is First Information Report (FIR)?

A First Information Report (FIR) is a written document prepared by the police when they receive information about the commission of a cognizable offence. It is called “first” because it is the earliest information that reaches the police regarding a crime.

Although the term FIR is not expressly defined in the Indian Penal Code (IPC) or the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, it is commonly used to refer to the information relating to the commission of a cognizable offence recorded by the police under Section 173 of the BNSS, which corresponds to Section 154 of the erstwhile CrPC.

Features of an FIR

• It is generally a complaint lodged by the victim or someone on their behalf.
• Anyone can file an FIR, either orally or in writing.
• It marks the official beginning of a police investigation.
• It helps prevent manipulation or fabrication of facts at a later stage.

What is Zero FIR?

A Zero FIR is an FIR that can be registered by any police station regardless of territorial jurisdiction when information about a cognizable offence is received. It is recorded to ensure immediate action and to prevent delay in serious cases. Such an FIR is not given a regular number and is therefore marked as “Zero”. After registration, it is transferred to the police station having proper jurisdiction, which then assigns a regular FIR number and carries out the investigation.

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Cognizable Offences

• Cognizable offences are offences in which the police have the power to register an FIR and arrest the accused without a warrant.
• The police can start investigation on their own without seeking prior permission from a Magistrate.
• These offences are generally serious in nature and affect public order, safety, or morality.
• Immediate police action is considered necessary to prevent further harm or destruction of evidence.
• FIR in cognizable offences is registered under the relevant provisions of BNSS, 2023 (earlier CrPC).
• Examples: Murder, rape, kidnapping, robbery, dowry death, and grievous hurt.

Non-Cognizable Offences

• Non-cognizable offences are offences in which the police do not have the authority to arrest without a warrant.
• The police cannot start investigation without prior permission of a Magistrate.
• These offences are comparatively less serious and usually involve private disputes.
• Information is recorded by the police, and the complainant is advised to approach the court for appropriate orders.
• Investigation begins only after the court directs the police to do so.
• Examples: Defamation, public nuisance, cheating (simple cases), criminal intimidation, and simple hurt.

What Happens After an FIR is Filed?

• Investigation Begins: Police immediately initiate investigation in a cognizable offence as per BNSS, 2023, without prior court approval.
• Evidence Collection: Statements of witnesses, documents, electronic records, and forensic evidence are collected to establish facts.
• Arrest of Accused: Accused persons may be arrested if legal requirements are met and custodial interrogation is necessary.
• Search and Seizure: Police conduct lawful searches and seize articles connected with the offence, maintaining proper records.
• Medical & Forensic Examination: Medical examination of victims or accused is conducted where required to support the investigation.
• Submission of Police Report: Police file a charge sheet if evidence is sufficient, or a final report if allegations are not proved.
• Court’s Review: The court may take cognizance, accept the report, or order further investigation if unsatisfied.

Difference Between a Complaint and an FIR

The difference between a Complaint and an FIR has been tabulated below to clearly explain their meaning, authority, and legal procedure. This comparison helps in understanding how a complaint differs from an FIR in initiating criminal proceedings.

Importance of FIR in the Criminal Justice System

• It sets the criminal law in motion by formally recording information about the commission of a cognizable offence and enabling the police to begin investigation.
• It ensures prompt police action, helping in the timely collection of evidence and preventing delay or destruction of crucial facts.
• It protects the rights of victims by officially documenting their version of events and providing them access to the justice system.
• It reduces the chances of fabrication or manipulation of facts, as the FIR is recorded at the earliest stage of the incident.
• It forms the foundation of the entire investigation and subsequent trial, guiding the police and courts in criminal proceedings.
• It promotes transparency and accountability in policing by making the registration of offences a mandatory legal duty.