FIR – To Maintain Peace and Security
India is a huge country; maintaining the legal system in this country is indeed a tedious task. Our Constitution laid down the foundation of the legal system which is to be followed in India. Just like the Indian army and other paramilitary forces present in India, we also have a strong police force that is priorly responsible for maintaining the internal peace and security of the nation. In order to maintain such peace and security, the first step towards it is FIR.
In this article, we will share important facts related to the police FIR, where we will clear the suspicions and misconceptions of people regarding FIR. Also, in this section, we will discuss NCR full form in police and discuss the types of FIR in Police stations.
FIR - Initiation of the Criminal Proceeding
We see the locals are very reluctant to visit the police station of our country. The reason behind this behaviour is that they are unaware of the functioning procedure done at the police department. They feel they do not want to get involved in any unwanted disturbance or questions of police; thus, they generally avoid going to police stations. But locals need to understand that if they want to breathe in this country freely, then they need to cooperate with the police force. They are required to disclose all the information to the police of their department if they find any criminal doings in their locality. Here FIR comes into the play.
The criminal procedure and its investigation start from FIR expanded as First Investigation Report.
What is FIR?
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Section 154 of IPC 1973 defines FIR as the process of the informative document on which basis the police is to carry the legal proceedings. The first information which is related to any criminal offence that is being registered with the police for any police action is called First Investigation Report (abbreviated as FIR). FIR is a document in writing which is prepared by the police officials after they receive information about any cognizable offence going on in their locality.
This first information given to the police is generally registered as a form of a complaint by the person who is actually the victim of such a crime. The person can inform the police about the crime done either in writing or orally; either can be done.
At times, it is evident that police do not register FIR on the information as provided by the common people. In this case, the people are required to move to the court to get the FIR registered.
When Do You File An FIR?
FIR is filed only if cognizable offences occur. According to this, the police have all the rights to arrest the person who is accused and take him into custody to investigate the criminal matter. If an offence is not cognizable, then the FIR cannot be filed, and in this case, no action is possible without the intervention of the court.
Ways to Record FIR
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There are three ways of filing an FIR; they are as follows:
FIR can be directly registered by the victim. The victim can directly approach the nearby police station and can file an FIR via an oral or written statement.
FIR can also be filed through the process of investigation of the information which is received via the PCR call.
After receiving such information of any offence, the Duty Officer of the police station is required to send an ASI to the site; the ASI will write a chit (which means a short report). This is done after recording these statements of the witness. Based on this short report in writing, the police will file the FIR. To note, this method is only followed by any heinous crimes.
Zero FIR
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For the topic of types of FIR in the police stations, we will discuss Zero FIR.
Zero FIR is simply the process to investigate further. FIR to the complaint is being filed at the police station which is related to the site of an offence, but in many situations, the victim has to file the case outside of the police station, in his adverse conditions.
Unfortunately, it is often seen that the policemen do not take these cases quite seriously, and thus it occurs outside any legal jurisdiction of the police station. To resolve this problem, the Government has formulated the provisions of Zero fillings in this type of adverse situation. This is done in order to protect the rights of the local people.
What does the Zero FIR say?
According to this, the victim can register his complaint in any police station for any offence done for quick and immediate action and the case then can be transferred to the concerned police station after registering the complaint.
What is NCR in a Police Station?
NCR full form in the police is a Non-Cognizable Report. Suppose if something is stolen, then, according to Section 379 of the IPC rule, FIR is being filed and when something is lost thereby, then the NCR (which is expanded as Non-Cognizable Report) is filed in that case. NCR stays in the records of the police station and is not sent to the court. Police even do not investigate it.
Rarely do people know the difference between FIR and NCR. While this advantage is taken by the police officer, they can file NCR for things that are stolen. Hence now we will discuss the difference between them.
Difference Between NCR and FIR
FIR is expanded as a First Information Report, which is described under section 154 of the CrPC. This is essentially the information that is being reported to the Police about any commission of a cognizable offence. Once this FIR is being filed, then the Police will get into power and investigate the crime in order to initiate their action. The police force starts their proceeding against the accused person who is responsible for the crime. In this process, they can arrest the accused person even without a warrant and can search or seize any leading or suspicious article or material that is found which relate to the crime being alleged.
NCR means a Non-Cognizable Report. This is totally the opposite of FIR. The Police will have no powers to investigate these types of complaints. Non-Cognizable complaints include - abuse, threats, assault like hands/kicks, pushing, causing simple hurt etc.
The Police will record such complaints in their NC Register and ask the complainant to approach the appropriate Court for redressal of his particular grievance.
Did You Know?
While writing or registering an FIR, the police officer cannot include his own comment nor he can highlight any part of this FIR.
In case of any cognizable offence being registered, the FIR should be read aloud by the concerned police officer to the concerned complainant and then take the signature of the complainant on the written document.
Copy of the FIR should have a seal of the police station, and also a signature of the police officer must be attached to it.
The police are also given in writing a copy of the same information that has been handed over to you by his own register.
Well, it is not necessary for any person who is filing a complaint that he should personally know about the crime which took place or that he should have seen the occurrence of crime in order to file the FIR.
If, due to some reason, you could not inform the police immediately after the occurrence of the crime, then, in this case, you should provide reasons for such delay.
FAQs on Important Facts Related to the Police FIR
1. Why does it take time to file an FIR?
In major cases, the police are not required to file an FIR just after getting the complaint. The complaint is later investigated, and in most of the cases, the order is to be known in order of the authenticity of the complaint it is being registered.
Police cannot immediately register the FIR in cases of any crime of theft of bikes, cars, or any ordinary things as the police wait for the recovery of these stolen things of the victim in this case.
This is done, for the fact that no officer will want an increase in the number of FIRs in his police station. Apart from this, the police stations have a lack of stationaries to file complaints. As the requirement of copies are many, a copy of every FIR is to be sent from the police station to the ACP, Additional to DCP -1, next to Additional DCP -2, District DCP and Metropolitan Magistrate. Also, a copy of an FIR for the heinous crimes taking place is to be sent to the Joint Commissioner in that area.
2. How long a Fir remains valid?
FIR will remain valid; it will never lapse with the passage of time. On completion of the investigation process, police will have to either file a charge sheet or end with a closure report in the court as mentioned under Section 173 of the Criminal Procedure Code. Till that time, the investigation or the FIR process is considered to be continuing and valid.
