An FIR may not be everyone's first recourse when faced with a dispute or offence, but there are times when lodging one becomes crucially important. For example, in the event of a theft, an insurance policy-holder who wishes to file a claim has to register an FIR with the police. Similarly, FIRs must be filed if consumers want to launch litigation against those who use false measures and weights, defile water of a public reservoir or cause death by negligence, etc.The abbreviation may sound intimidating, but an FIR is only the first information report recorded with a police station about the commission or suspected commission of a cognisable offence--an offence for which a police officer is authorised to arrest without a warrant. The report serves the purpose of initiating an investigation. It may be lodged by the victim, somebody on the victim's behalf or any other person who is aware of the offence. It may originate even from the accused.
Such reports are to be filed with the in-charge -- above the rankof a constable -- of the nearest police station, in whose territorial jurisdiction the offence has been committed or is suspected to have been committed.
If an officer refuses to register an FIR, an informant can go to his superior officer, who, if satisfied, may either undertake the investigation himself or delegate it to a subordinate officer. And in that case, the offending police officer risks facing departmental action as well as legal punishment, which may be in the form of imprisonment or a fine or both.Irrespective of wherever it's registered, the recording time is of crucial importance. An FIR must be filed at the earliest. Prompt reporting can be helpful in cracking the case. And undue delays can make the authorities suspicious about the motive, which may go against the interests of the victim.
Lodging an FIR doesn't necessarily entail complaining in writing. A complaint can be also made orally. In that case, the police official has to write it down and read it out to the informant. In eithercase, it has to be signed by the latter.
The details that should figure in a report include the place, date and time of the offence, details of the offence, the name and identity or description of the victim, accused and witnesses, if any. In the case of a theft, a list and description of the stolen goods is required to be submitted.
But an FIR should be factual. Though not a detrimental evidence, it can be used for or against the informant by the accused. Besides, filing a false report is punishable with an imprisonment of up to six months or a fine of up to Rs 1,000 or both.
Lastly, an informant must not forget to procure a copy of the FIR. He is entitled to a free copy, which bears the seal of the police station. It is a proof of the fact that the investigation has started. Only setting the ball rolling is in a consumer's hands. The rest depends upon the redressal agencies. So an aggrieved consumer might as well initiate the procedure earnestly and in a legally sound manner.
Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.
