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Nishtha (student)     02 February 2010

procedure for regiteration of an fir

dear sir\madam,

i want some material which wud describe an FIR n the procedure a magisterate has to follow to register a complain into an FIR.

n r thr any limitation for tht.??



Learning

 11 Replies

A V Vishal (Advocate)     02 February 2010

FIR or First Information Report is the information about commission of an offence given to a police officer by the first informant. It initiates the criminal proceedings.

  • To file an FIR, one has to go to the police station within the jurisdiction of which the cause of action arose or the offence took place.
  • Every piece of information relating to the commission of offence is to be given to the officer in-charge of the police station. If it is given orally to the officer, he shall reduce it to writing and read it over to the informant to confirm and verify the details.
  • Every such information has to be signed by the informant after which it is required to be recorded by the officer in a book maintained for this purpose as prescribed by the State Government.
  • The informant is entitled to receive a copy of the FIR free of cost.
  • If the officer in-charge of the police station refuses to record the information, you can send the substance of such information, in writing and by post to the Superintendent of Police (SP) concerned. The SP is required to start the investigation himself or direct any other officer subordinate to him to start the investigation. 
1 Like

Nishtha (student)     02 February 2010

thank u sir but wat i wanted to know was d procedure a magisterate has to follow to register a complain as an FIR n its limitation if any

A V Vishal (Advocate)     02 February 2010

FIR is lodged by the police on complaint by any person who is affected in any way by the offence committed by the accused, affliction of injury is not the criteria even a witness can file a complaint. You can file a private complaint before a magistrate but it is not a FIR, he can direct the police to investigate and file a complaint.

1 Like

A V Vishal (Advocate)     02 February 2010

file a complaint=file a FIR

1 Like

Tapas Mukhopadhyay (Senior Partner)     02 February 2010

Actually FIR means First Information Report, as per section 154 Cr.P.C complaint to the officer in charge of a police station discloses a cognizable offence need to be registered as F I R and needs to be investigated at the same time complaint to a magistrate u/s 156(3) Cr.P.C a magistrate is empowered to direct athe officer in charge of a police station to cause investigation on the said complaint to the magistrate and practically there is no limitation for lodging F I R but in the prescribed form of F I R there is a column i.e the delay in lodging F I R which means information of a cognizable offence need to be registered as early as possible.

1 Like

Tapas Mukhopadhyay (Senior Partner)     02 February 2010

Actually FIR means First Information Report, as per section 154 Cr.P.C complaint to the officer in charge of a police station discloses a cognizable offence needs to be registered as F I R and needs to be investigated, at the same time complaint to a magistrate u/s 156(3) Cr.P.C a magistrate is empowered to direct the officer in charge of a police station to cause investigation on the said complaint to the magistrate and practically there is no limitation for lodging F I R but in the prescribed form of F I R there is a column i.e the delay in lodging F I R which means information of a cognizable offence needs to be registered as early as possible.

Feroz M Shafeeque (Police Officer)     03 February 2010

FIR is the report prepared by SHO or officer in charge of a police station in prescribed fomat regarding the commission of an offence prepared based on the FIS(first information statement) received from an informant or complainant. FIS can either be written or oral.

 

Court can direct the SHO to register FIR as per Sec 156(3) of CrPC.

 

The limitation is described in Sec 468 CrPC, but some exceptions are there as per Sec.469 to 473 or CrPC.

 

468. Bar to taking cognizance after lapse of the period of limitation.

(1) Except as otherwise provided elsewhere in this Code, no court, shall take cognizance of an offence of the category specified in sub-section (2), after the expiry of the period of limitation.

(2) The period of limitation shall be-

(a) Six months, if the offence is punishable with fine only;

(b) One year, if the offence is punishable with imprisonment for a term not exceeding one year;

(c) Three years, if the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years.

1[(3) For the purposes of this section, the period of limitation, in relation to offences which may be tried together, shall be determined with reference to the offence which is punishable with the more severe punishment or, as the case may be, the most severe punishment.]
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Raj Kumar Makkad (Adv P & H High Court Chandigarh)     03 February 2010

On an application by the complainant, a magistrate u/s 156(3) Cr.P.C is empowered to direct the officer in charge of a police station to do investigation on the said complaint and practically there is no limitation for lodging F I R but in the prescribed form of F I R there is a column i.e the delay in lodging F I R which means information of a cognizable offence need to be registered as early as possible.

So far as limitation for the magistrate is concerend, it has very well been defined in section 469 to 473 Cr. P. C.

 
1 Like

Nishtha (student)     08 February 2010

thank u so much everybody

jatin sharma (LAWYER)     09 February 2010

fir  is depend upon the circumstace, and the complaint is given to magistrate . i am clear this all thing.when u file a fir than the police is investigate the case if police is not entertaint , then u can file a complaint to magistrate than he will entertaint it.

puneet saxena (student)     30 July 2012

what to do if the police does not register an FIR. is there any rule or law that police can forbid to register an FIR. A theft has taken place in our home . gold jwelery has been  stolen from our almirah and we have given a written complaint to the police with name of two suspect. on of them is my  cousin (mama's son) and prime suspect. the second one is employee at my shop.the chances he(second suspect) stolen is very rare. but now it is confirmed that my mama' son has stolen the jewellery but police is favoring them because police has gotten bribe from prime suspect's father(my mama). police did not register our FIR then we complaint about this to SP. then we got the phone call from our many relative that is relative of mama also to take the complaint back otherwise we have to face consequences (message was conveyed from my mama's behalf) but when we forbade then police called us and both the suspect to the police station and presurrize us to take the complaint back but when we forbade then police said to one of the suspect's father(my mama) to talk to us and then he(suspect's father(my mama)) said that he is ready to give the money for jewellery. but police did not say any thing to the other suspect thats mean police know who is the real culprit then we said ok but one of the police person said that it is not an fair deal . all of you have to swear. then main suspect's father(my mama)  said that he is ready to swear that his son did not stolen the jwelery and said to my father that you have to swear that you have seen prime suspect(my mama's son)  stealing the jwelery.but my father refuse to swear because we did not see him to steal if we have seen then why we give the name of two suspects. now  police is saying that they cannot do any thing and did not register FIR. besides it suspect's father(my mama)is threatning us to kill and destroy my career but when we complain about this to police then police is also trying to scare us by saying that in exitement any one can kill anybody. so what should we do?

is there any punishment to police if  they do not register an FIR?  


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