Fir is a guilty?
satish
(Querist) 18 June 2012
This query is : Resolved
1. If a person registered an F. I. R. against me, than, I will be a guilty or not?
2. Police is bound to registered every complain as a FIR or not?
Adv.R.P.Chugh
(Expert) 18 June 2012
1. You are not guilty - you merely an accused (somebody levelled an accusation against you) the implications of FIR would differ as per gravity and type of the offence.
2. The police is under an obligation to register the FIR if a cognizable offence is disclosed. But the reality is they don't unless push comes to shove.
Devajyoti Barman
(Expert) 18 June 2012
1. You would be held guilty only if you are proved to be so after completion of trial.
2.Whether the Police is bound to register FIR only if it discloses any cognizable offence or it is liable to make preliminary investigation to establish the truth is pending for determination before the supreme court.
ajay sethi
(Expert) 18 June 2012
agree with experts . merely because FIR is registered does not mean you are guilty
S.B.adil rahman
(Expert) 19 June 2012
The police is not bound to register every complaint or information as an F.I.R. First Information Report or F.I.R is only registerd in the cases which are cognizable either under IPC or under local or (central) special laws if the specific law makes it an FIR case. In most of the cases the F.I.R is lodged if the alleged offence carries a sentence of up to 2 years and more. In code of criminal procedure 1973 as ammended up to date in schedule 1 you can find the list of all the cases of IPC which are cognizable or non cognizable, bailable or non bailable and the quantum of punishment along with the courts where the offences are triable.
Shonee Kapoor
(Expert) 19 June 2012
FIR is just an information of a crime. You are an accused thereafter.
Only after the competent court finds you guilty, you would be considered guilty.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
SAINATH DEVALLA
(Expert) 19 June 2012
You will be guilty only if you admit that you have committed the crime.Mere registering the complaint dosen't mean that the accusation is proved,it is for the court to decide,considering the merits of the FIR.
