Daily News Analysis

First information report (fir)

11th January, 2022 Polity

Figure 1: no copyright infringement intended

Context:

  • The high court of delhi dismissed a officer's complaint to dissolve the fir registered against him for rape because he married the victim.

Delhi high court observation on rape:

  • Rape is not an act against an individual, but a crime against society.
  • Rape fir cannot be overturned on the basis of a settlement between a woman and a man and a subsequent marriage. Because it does not overturn the crime.
  • The high court stated that the rape motion could not be dismissed on the basis of a settlement between the parties.

About first information report (fir)

  • The first information report means an information recorded by a police officer on duty given either by the aggrieved person or any other person to the commission of an alleged offence.
  • On the basis of first information report, the police commence its investigation.
  • Section 154 of the code of criminal procedure, 1973 defines as to what amounts to first information.

 

Where to file n fir:

  • A fir can be filed in the police station of the concerned area in whose jurisdiction the offence has occurred.

Supreme court guidelines on fir:

  • Registration of fir is mandatory under section 154 of the code, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation.
  • If the information received does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether cognizable offence is disclosed or not.
  • The police officer cannot avoid his duty of registering offence if cognizable offence is disclosed. Action must be taken against erring officers who do not register the fir if information received by him discloses a cognizable offence.
  • The scope of preliminary inquiry is not to verify the veracity or otherwise of the information received but only to ascertain whether the information reveals any cognizable offence.