Dear Experts;
As per my limited knowledge, the procedure for lodging an FIR is as below! May kindly comment if any changes so far.
FIR BASICS.
WHO CAN FILE AN FIR?
The Victim
The witness
Anyone who has knowledge of the crime
FIRs can only be registered for a cognizable offense.
WHERE TO FILE AN FIR?:
Actually no police station can refuse to file an FIR. But it is better to file it in the jurisdiction of the police station where the crime happened so that action can be quicker.
You can even file a written FIR.
The police station is duty bound to provide you with a copy of the FIR free of cost.
DIFFERENCE BETWEEN REPORTING A CRIME AND AN FIR AND DISCRETION AVAILABLE WITH THE POLICE:
In the event someone is trying to file an FIR for a crime that falls in the non-cognisable category it is the duty of the police to listen to them, enter the matter in their daily register or dairy, give the person a signed copy of the entry made (as proof of the matter being recorded) and direct them to the closest or appropriate magistrate.
The signed copy of the entry made by the police is free of cost and is a right to receive.
The police may not investigate a complaint even if you file a FIR, when:
(i) The case is not serious in nature;
(ii) The police feel that there is not enough ground to investigate.
However, the police must record the reasons for not conducting an investigation and in the latter case must also inform you
FILING AN FIR DOs and DONTs
Details to give when filing an FIR: If you are a victim or witness of a crime give clear descripttions of all that you experienced, saw or remember. If you are filing an FIR for a crime that you have second hand knowledge of, then report exactly what you were told or what you heard. Information should never be exaggerated or false. Important details to include are the date, time, location and a descripttion of the culprits or people involved. The sequence of events that occurred and details of what each person did or said.
What to do when the police refuse to file FIR: If you are reporting a cognisable crime and the police refuse to register your FIR, you can make a complaint to a higher ranking officer such as the Superintendent of Police (SP), the Deputy Inspector General (DIG) or the Inspector General of Police (IGP).
You can also complain to the nearest judicial magistrate, who will order the police to register the FIR if deemed necessary. Ensure that you get a receipt of your complaint being registered.
You can also…
· Send your complaint in writing to the Superintendent of Police (SP) by registered post
· Make a written complaint to the concerned State Human Rights Commission or the National Human Rights Commission that the police are not doing their duty of enforcing the law or that they are being negligent, biased or corrupt.
Things you must not do:
· Never file a false complaint or give wrong information to the police. You can be prosecuted under law for giving wrong information or for misleading the police.
· Never exaggerate or distort facts.
· Never make vague or unclear statements
