Registration of FIR in India is governed by the provisions of Section 154 of the CrPC. It contemplates that whenever any report of cognizable offense is received to the police officer, he will register a FIR thereafter investigate the matter. The pure construction of law contemplates that the police officer has no choice then to register the FIR as and when the report of a cognizable offense is reported. Due to historical reasons and the interplay of various factors, the police is reluctant in Registration of FIR despite the report of cognizable offense is made. It has also been observed that the police very often resort to divert the complaint and prolong the registration of FIR due to various extraneous considerations. The law related to registration of FIR has been settled several times by the Supreme Court but there is not much improvement and the police still dodges the complainant at times for registration of FIR.
The issue related to the registration of FIR has been subject matter of various judgements and was finally settled by the landmark judgement of the Supreme Court of India in case titled as “Lalita Kumari v. Govt. of U.P” Writ Petition No.68/2008. Several important directions were issued with regard to the registration of FIR and several eventualities were discussed at length.
The Supreme Court contemplated the following situations:
It is thus very clear that the courts are concerned about the registration of FIR under all circumstances without holding a trial of the veracity of the facts which may be true or may not be true at the stage of registration of the FIR.
It is also contemplated under the law that if the police refuses to register the FIR despite the report of a cognizable offense, the complainant has the choice to approach the courts. The complainant has to approach the court with an application under Section 156 (3) of the CrPC and seek direction from the concerned court of Magistrate for investigation. In the event of any direction being issued for investigation of the case, the police is bound to register the FIR and then investigate the matter.
Some cases, even the court refuses to issue a direction for registration of FIR on the facts so stated hence the complainant is given the choice to file a private complaint under Section 200 of CRPC and based on the same, the court of Magistrate may summon the accused. This is not a process of registration of FIR but a registration of the crime.
There is no fixed format of FIR but it should be like a statement of fact containing the specific details of the commission of crime giving the details of time, date, place of occurrence and the name with address of the accused or the criminal if known.
We have given a suggested format of FIR which is can be used after free download and modified accordingly.
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