Filing An FIR? Here Is What You Should Keep In Mind?

What Is an FIR?

The police receive an FIR (First Information Report) as the first official complaint about a cognizable offense. It is a formal written document that initiates the criminal investigation process. Section 173 onwards of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), now governs FIRs.
A cognizable offense allows police to register an FIR, arrest the accused, and begin an investigation without court approval. Examples include murder, rape, kidnapping, and theft.

When to File an FIR?

Filing an FIR is seen in the following cases:
A cognizable offense has been committed.

You witnessed the crime or know about it firsthand.

You suspect a crime has taken place.

Where to File an FIR?

Nearest Police Station: Visit the police station where the crime occurred.

Any Police Station: If you can’t reach the concerned station, file at the nearest one. The police will transfer the FIR to the appropriate jurisdiction.

Online FIR: Many states like Delhi, Mumbai, and Bengaluru allow online FIR filing for non-emergency cases like theft or lost items.

What Is The Language of FIR In India?

An FIR can be filed in any language the complainant understands, English, Hindi, or local language

The Ministry of Home Affairs (MHA) mandates that officials include an English translation when transferring a Zero FIR across states.

How to File an FIR (Offline)

1. Visit the Police Station. Go to the nearest or jurisdictional police station.
   Provide all facts and circumstances of the incident. Mention date, time, location, people involved, and any witnesses.
2. The police officer on duty writes down the complaint. The complainant reviews and signs the FIR to confirm accuracy.
3. The police must provide a free copy of the FIR. This acts as legal proof of your complaint.
4. The FIR is given a unique number and officially registered. This marks the start of a criminal investigation.

What Are Some Enclosures to Attach with FIR?

Include relevant documents to support your complaint:

1. Identity Proof: Aadhaar card, PAN card, Voter ID.
2. Ownership Proof: Bank passbook, RC book, insurance papers, etc.
3. Supporting Evidence: Photos, videos, or any document that strengthens your case. Example: If reporting loss of a bank passbook, attach:
4. Copy of lost bank passbook
5. Aadhaar and PAN card copies

What Is The Acknowledgment After FIR Filing?

1. Police must give an acknowledgment slip or a free FIR copy with the FIR number, date, and time.
2. This serves as your proof of registration.
3. No revenue stamp is required. Police station seal and officer’s signature authenticate the document.
4. FIR and Preliminary Inquiry (BNSS)
5. Under BNSS Section 174, for offenses punishable with 3 to 7 years’ imprisonment, a preliminary inquiry is mandatory before registering a formal FIR.
6. The inquiry screens out false or frivolous complaints.
7. Must be completed within 14 days.

Can You Withdraw or Cancel an FIR?

1. The complainant cannot withdraw an FIR once it’s filed.
2. The FIR triggers state investigation, not a personal complaint.
3. Police may consider a withdrawal request.
4. However, they can’t close or erase the FIR without following due legal procedure.
5. If investigation hasn’t progressed, the complainant can request case closure.
6. Police may file a closure report if no evidence is found.

What Are The Legal Ways to Quash or Cancel an FIR?

1. Applicable only to compoundable offenses under BNSS Section 359 (formerly CrPC Section 320)
   Complaint and accused settle the matter. Court approval is needed to close the case.
2. Quashing by High Court (BNSS Section 482: Either party can file a quash petition. Courts may quash the FIR if the complaint is false or baseless or both parties settle the dispute. Also, serious crimes are not quashed easily.
   If no evidence is found during investigation, the police submit a closure report. The Magistrate must approve the closure. The complainant can object to the report.

Important Considerations

1. Serious Offenses (e.g., murder, rape) cannot be withdrawn or quashed easily. These are treated as offenses against the State.
2. Any withdrawal request should be voluntary and legally advised.
3. No automatic effect – Court or police must assess the case before closure.

In conclusion, by understanding the FIR process under the BNSS, 2023, complainants can protect their rights and ensure timely action in criminal matters.