What is an FIR – short for First Information Report is the information first in point of time as to the commission of an offence. This sets the entire criminal law machinery into motion. If a complaint discloses commission of an cognizable offence (usually the more common and serious of offences eg : theft/murder/rape/cheating/498A etc) police is duty bound to record and register the same and investigate. Any one can be an informant and intimate the police as to the commission of an offence. Later the informant is expected at time of trial to come to court and depose. If the police refuses to register an FIR – one can move the concerned magistrate for directions to the police under section 156(3) of the CrPC.
* Criminal Law Primer by Adv. Bharat Chugh
Posted from WordPress for BlackBerry.