Process of Filing an FIR

What is an FIR?

A First Information Report (FIR) is a report of a crime made to the police. It is registered under Section 154 of The Code of Criminal Procedure, 1973. FIRs apply to cognizable crimes where police can arrest without a warrant and start investigations immediately.

Filing an FIR

Online FIR Registration

  • Cognizable Crimes: You can file an FIR online for crimes like murder, rape, or theft. Visit your state’s police website or the National Human Rights Commission here.

Physical Filing

  • At the Police Station: Visit the nearest police station where the crime occurred or where you live. You can provide a written or oral complaint which will be recorded as an FIR.

Grounds for Filing an FIR

  • Cognizable Crimes: Serious offenses like murder, dacoity, and rape.
  • Non-Cognizable Crimes: Lesser offenses like cheating or fraud, which need to be submitted to a magistrate.

Steps to Take If Police Refuse to Register an FIR

  1. Write to the Superintendent of Police (SP): Send a written complaint via registered post.
  2. Approach Human Rights Commissions: Contact the State or National Human Rights Commission.
  3. File a Petition: Submit a petition to the Chief Justice of the High Court or Supreme Court.

Escalating Your Complaint

  • Superintendent of Police: Lodge a complaint if the FIR is refused.
  • Judicial Magistrate: Seek a judicial review of your case.
  • Writ Petition: File a petition in the High Court if necessary.

Right to Compensation

You can seek compensation for violations of your rights under Article 21 of the Indian Constitution due to police negligence.

Remember, refusing to file an FIR is an offense, and you have the right to escalate the issue if necessary. Do not remain silent; take action to ensure justice.