Guest (n/a) 23 May 2009

Can a FIR be lodged orally?

6 Replies

adv. rajeev ( rajoo ) (practicing advocate) 23 May 2009

Dear Babu Rao

FIR can be lodged by the police only on the basis of the complaint given in writing by the complaint. sometimes FIR will be lodged by oral complaint

Swami Sadashiva Brahmendra Sar (Nil) 23 May 2009

Yes . information given by complainant shall be reduced to writing by police and shall be read over to the informant and shall be signed by him.

Swami Sadashiva Brahmendra Sar (Nil) 23 May 2009

Pls read the 'complainant' synonymus to 'informant' . both bear the same meaning.

A V Vishal (Advocate) 24 May 2009

154. Information in cognizable cases.

(1) Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informants and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf.

(2) A copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, to the informant.

(3) Any person, aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in sub-section (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer Subordinate to him, in the manner provided by this Code, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence.