Introduction
One of the most significant actions to be undertaken in the case of a committed crime is to File an FIR (First Information Report). It is the initial document that assists the police in initiating an investigation. Whether the incident is a theft, an accident, an instance of domestic violence, or any cybercrime, to officially document your complaint and initiate the legal process, you must File an FIR.
Nonetheless, in most of the situations, individuals have problems once they visit a police station and make an FIR. The police will at times not want to take the complaint, take long to take the complaint or demand unneeded documents. This may be frustrating and disappointing to ordinary citizens who are not acquainted with the legal process.
This blog will discuss what an FIR is, how to file it and what to do in case the police do not want to sign it. Your rights under law, how to file an online FIR and how a qualified lawyer such as Advocate Shrishti Rani, one of the best advocates in Patna Civil Court and the top divorce lawyers in India, would assist you in securing your rights and would lead to justice.
What Is an FIR?
- FIR is an expression that means First Information Report.Â
- It is a written statement that is made by the police on being informed of a cognizable offense, that is, a serious crime where the police can act without necessarily seeking the court’s permission (such as murder, rape, theft, or assault).
- A criminal investigation begins with the FIR.Â
- After registration, the police have a legal obligation to investigate the case and collect evidence. The one who submits the FIR is referred to as the informant.
Why Is FIR Important?
The importance of filing an FIR is that:
- It assists the police to initiate an investigation.
- It serves as an official document of the complaint.
- It preserves the rights of the complainant and it does not lead to the destruction of evidence.
- This can be produced in a court of law.
- It has the effect of leaving the accused accountable to law.
The legal system will not be able to start its work without FIR. As such, it is necessary to know how to file an FIR properly.
Steps to File an FIR in India
The following is a stepwise instruction on how to file an FIR:
- Step 1: Pay a visit to the closest Police Station: Visit the closest police station where the crime has taken place or where you reside. Each police station has a Duty Officer taking care of the FIR registrations.
- Step 2: Provide the Information regarding the Crime: Be direct and clear regarding what occurred. You may provide the information orally or in written form. In case you render it orally, the officer will note it down on your behalf.
- Step 3: Verify the FIR Report: Once the officer has written the statement given by you, be sure to have a look at the statement to verify that everything is right. You can even request the officer to read it out to you in case you do not feel comfortable reading.
- Step 4: Sign the FIR: When you are content with the written report, sign it. The signature will verify the accuracy of information registered.
- Step 5: Get a Copy of the FIR: Request a free copy of the FIR always. By law, the police should provide one copy without any fee. Do not lose this copy because you will be required to use it in any other legal proceedings.
What Information ought a FIR to contain?
An FIR should include:
- ontact and name of the complainant.
- The date, the time and the place where the incident occurred.
- This is the detailed description of the crime.
- People involved (named and detailed, where possible).
- Any witnesses or evidence
- Name of the person filing a complaint.
In case the information is not complete, you may give some more details later in the course of the investigation.
What to Do If Police Refuse to Register an FIR
In other instances, police officers are reluctant to fill FIRs particularly in sensitive or tricky cases. Nevertheless, you can have legal rights to have your complaint documented.Â
Here’s what you can do:
1. Go to the Senior Police Officer:Â
- In case the local police station refuses to take your FIR, you may write a complaint to the Superintendent of Police (SP) or Deputy Commissioner of Police (DCP).
- Include all the information and add any evidence. They can command an FIR registration.
2. Preliminary Report to a Magistrate:Â
- Section 156(3) of the Criminal Procedure Code (CrPC) provides that you may go to the Judicial Magistrate.Â
- The Magistrate may also order the police to file the FIR and initiate an inquiry.
3. File an Online FIR:Â
- Online filing of FIR is now permitted in many states in India for non-cognizable or minor offenses.
- You may go to the official site of the state police and place your complaint.Â
- As an illustration, an online complaint portal is provided in Delhi, Maharashtra and Bihar.
4. Take Legal Help
- In case all of these measures fail, seek the services of a criminal attorney.Â
- A good advocate in Patna, such as Advocate Shrishti Rani, can write a valid legal complaint and represent you either before higher authorities or in court.
Legal Rights of the Complainant
Your rights that should be known when filling an FIR areÂ
- Right to file an FIR: The right to file an FIR lies with every citizen and he or she may file an FIR regarding any cognizable offense.
- Right to Free Copy: You shall have a free copy of your FIR.
- Right to Assistance: In case you are not able to write, the officer has to take note of what you say and read it aloud to you.
- Right to Legal Help: You have the right to enlist the assistance of a lawyer both prior to the filing of the FIR and after the filing of the FIR.
- Right to Online FIR: In most states, FIRS are electronically registered over the internet to have faster access.
Role of Advocate Shrishti Rani in FIR based Cases
Advocate Shrishti Rani, the best advocate in Patna Civil Court, is one of the top divorce lawyers in India who has assisted numerous clients in filing the FIRs and pursuing cases where the police did not want to take action. She makes sure that your voice is heard and your rights are advocated.
Her specialization is criminal, civil, and family law, and she is commonly known as the best criminal lawyer in India due to her passion for doing justice. She helps them in writing complaints, making FIRs, approaching senior police officers and even submitting petitions before the Magistrate under Section 156(3) CrPC.
In cases of harassment and lack of action by the police, or even delays in the process, Advocate Shrishti Rani offers you the required legal advice to pursue the right action with a lot of confidence.
Why Select Advocate Shrishti Rani?Â
Advocate Shrishti Rani is another prominent figure in the area of law and she has earned her reputation through integrity and professionalism and just administration. Being one of the best advocate in Patna Civil Court, she majors in criminal law, divorce law and civil law cases.
Her client-centered philosophy means that no individual is denied the legal assistance he/she deserves. She concentrates on FIR records and criminal defense as well as divorce and property and provides full legal assistance with understanding and accuracy.
Advocacy Shrishti Rani is the best lawyer in Patna or the best criminal lawyer in India, as well as in case you need the professional assistance of the best lawyer to help you.
Conclusion
Filing an FIR is the right of all citizens. It makes sure that the crimes are investigated properly and justice is served. Unluckily, there are instances where police officers do not take any action or postpone registering. In these situations, being aware of the right legal procedures might be of enormous significance.
Having a skilled registered nurse such as Advocate Shrishti Rani will enable you to have your complaint registered properly and your case carried out in a legal fashion. She is one of the best advocates in Patna and India due to her profound knowledge, sincerity and legal skills.
When your FIR has not been noticed, then you must not remain quiet but take some action. Perpetrators should face the law at the appropriate moment and receive the justice they deserve.
Contact Advocate Shrishti Rani for expert property dispute legal help: +91 89202 07918.
FAQs
Q1. May I make an FIR in any part of India?
A-1. No, you need to submit it to the jurisdiction police station in which the crime occurred.
Q2. Can I file an FIR online?
A-2. Yes, there are plenty of states in which one can find FIR facilities online in case of non-cognizable Â
Q3. What if the police are unwilling to register my FIR?
A-3. Under Section 156(3) of CrPC, you may chase SP, DCP, or a Judicial Magistrate.
Q4. Is it possible to have an attorney aiding in filing an FIR?
A-4. Yes, an attorney can help you compose your complaint correctly and make your FIR be registered in court.
Q5. Is registration of FIR free?
A-5. Yes, the police have no right to charge any fee because of registering or issuing a copy of an FIR.
- Advocate Shrishti Rani
- advocates in Patna
- best advocate in Patna Civil Court
- Best criminal lawyer in India
- Best Lawyer in Patna
- FIR
- FIR complaint process in India
- FIR online filing India
- First Information Report
- how to file an FIR properly
- how to file FIR in India
- legal help for FIR registration
- police refused to register an FIR
- Section 156(3) CrPC
- steps to file FIR
- Top divorce lawyers in India