Most of the people have a fear of going to the police station when a crime happens. There is generally a feeling that registering a complaint is a tough procedure or the police won't agree to file the complaint/FIR. In any case, that shouldn't prevent anyone from making a move against the crime. When the victim or any person who is related to the crime committed go to the police station than he/she is required to file the First Information Report (FIR) or a complaint. This document record's the complainant's point of view on the crime submitted. The framework for recording an FIR is determined under Section 154 of Criminal Procedure Code, 1973.
FIR means First Information Report and some important points are:
· FIR is the first report written by the police whereby the victim can lodge written a complaint with the police for cognizable offences [These are the offence/case in which Police can arrest a person without warrant].
· Stranger or someone on behalf of victim can also either orally or in written make report to the police. Even telephonic message can be treated as FIR.
· Police can sumo moto can also file FIR in cases which are of public interest and grave injustice is depicted.
· FIR is primarily document prepared by Police system.
· FIR is said to be first document which set the process of justice in motion by registering FIR in police station where after the police take up investigation of the case.
· FIR is covered under Section 154 of criminal procedure Code 1973.
Different aspect of a FIR are listed below:
1. NATURE AND RIGHT
· If information about the cognizable offence is given orally, the police must record it after the report is checked and marked by the individual giving the information.
· The person giving information has right to demand that the information recorded by Police be read to him.
· Person has right to demand copy of FIR free of cost.
· If the person is not able to read and write then they can give their left hand impression on the document after being satisfied about the correctness of report.
· The FIR should be filed immediately after the occurrence of the incident. Delay in filing led to suspicion as to the authenticity of crime thus causes major hamper in getting justice.
· Any Delay has to be adequately explained.
· Duration of investigation should not be more than seven day as per verdict of Supreme Court. And if there is further delay then it has to be reasonably justified.
· The jurisdiction of FIR is within the state law.
· Every Police station has got its own jurisdiction. FIR can be filed by police after assessing the location of crime and on whose jurisdiction the case will be filed. Due to lot of complain and misuse by Police and powerful corrupt people, Zero FIR concept is highly popular among People for prompt action and justice.
4. ZERO FIR
· Zero FIR is an FIR that can be recorded in any Police Station, the place of occurrence or jurisdiction does not matter. After investigation and filing with the magistrate the FIR is transferred to the Police Station having competent jurisdiction. Ordinary FIR is registered in Police Station having competent jurisdiction and the Ordinary FIR is given a serial number whereas the Zero FIR is registered in a Police Station who do not have the competent jurisdiction but Zero FIR is not numbered and later on the Zero FIR is transferred to the Police Station having competent jurisdiction where Zero FIR gets numbered and further acted upon [Clause (e) of Section 460 of the Criminal Procedure Code].
5. REFUSAL TO RECORD FIR
· If the police officer who is in-charge of the police station did not record or refuse to record the information then that person can directly go or write to the Superintendent of Police and records the complaint. The SP himself can start the inquiry or direct any other police officer under him to start the inquiry.
· Supreme Court has passed a verdict that if police officer refuse to file FIR then police department has to take Disciplinary action against them and also prosecute them under Indian Penal Code.
· Individual can go to Human Rights Commission also.
6. REGISTRATION IN CASE OF WOMAN
· In order to simplify the process of FIR for a woman and ensure no technical hazards for prompt registration.
· The victim can lodge FIR in any police station of the State and in this way it can be given to the concerned Police Station for examination. These FIR are called Zero FIR.
· Under Section 154 of Criminal Penal Code provides that information pertaining to offences given by woman victims shall be recorded by a woman Police officer or any woman Officer.
· As per Police Circular Order 343/13 in regards to standard working methodology (SOP) for registration of FIR and Investigation of Crime against Woman and Police Circular Order 338/13 with respect to incite examination of cases in case of woman has been issued by the Government.
Do’s & Don’ts while filing fir
· Brief detail of the incident or crime
· Name ,age ,occupation and address of the aggrieved person
· Person against whom complaint is filed
· Eye Witness
· Never give false information to the police .Police can take against you under Section 203 of Indian Penal Code, 1960
· Never give unclear or vague description of crime
· Never overwrite the data
· Never tamper or misinterpret the information
Generally one needs to visit the police station to file a complaint or an FIR yet a few states take into account online submission of FIR/objection. When it comes to e-FIR, it can be filed only for cognizable offences like murder, rape, dowry death, kidnap, etc. In these cases the police can make the arrest without the court order. In the case of non-cognizable offences such as assault, stalking, cheating, etc, only a complaint can be filed online. After the complaint is filed, it can be later escalated into an FIR after seeking permission from the Magistrate. However, there are some states/union territories that allow submission for both FIRs and complaints. A complaint is a charge made orally or in composing that some individual (regardless of whether known or unidentified) has submitted an offence. A complaint is routed to a Magistrate.
What is an E-FIR?
E-FIR is a process wherein any individual can go online and log into the specified website and file an FIR. Thus, he gets an affirmation receipt with date, alongside a particular FIR number. The internet conveys free online lawful advice to those individuals hoping to hold up a FIR, and updates them on all the present prerequisites and techniques essential.
Actions which can be undertaken under the E-FIR system
· Request an FIR copy
· File a missing person report
· File a lost property complaint
· Apply for license
· Request employee verification
· Request character certificate
· Request tenant verification amongst other services
The complainant should sign on to the portal and make a client ID and present some individual data previously continuing to document the objection. The complainant will therefore need to visit the police station worried, alongside the E-FIR reference number, to finish the staying procedural customs previously the police can continue with facilitate examination.
Online complain in different states-
1. Himachal Pradesh
· Click on the link- admis.hp.nic.in
· It is a form where you have to fill various fields. At first you need to select your area.
· In second field you will get the list of Police Stations. It would be ideal if you select one which is closest to your area.
· Now select the kind of complaint you need to make in FIR.
· After this you have to describe your concern in detail. You ought to limit your complaint to 2000 words. 2000 words are sufficient for all sort of issues/grievances.
· In the following part, you have to fill your own points of interest like name, address, mobile number and so on.
· Once you are done with all the fields, hit Submit option at last.
Step 1- Click on this Link to Register FIR Online (www.delhipolice.nic.in/register.html).
Step 2- At the home numerous things will be given like helpline no., lost report, Women security application, Police clearance authentication, Character confirmation report. Delhi police online FIR registration for lost articles or records you need to go to the option of 'Lost and Found'.
Step 3 - Below the ‘Lost Report,’ four options will be given- 1. Retrieve 2. Register 3. Search found articles 4. FAQ. Select the option ‘Register’.
Step 4- A whole new page will be opened for Delhi police online FIR registration. You need to top off the spaces with your own personal details and in addition to it your lost article's details. The accompanying alternatives will be there -
· Complainant’s Name: Fill the name of the individual who wants to lodge the E-FIR for the lost item
· Father’s/Mother’s Name- Fill the complainant’s mother or father name even if they are no more.
· Complainant’s Address- Where the complainant is living at present (Required full address).
· Complainant’s Mobile number- Complainant’s number which he is using at present.
· Complainant’s email ID- it will be required on the grounds that a duplicate of your e-FIR will be sent to you by means of email for confirmation.
· Place of Lost item in Delhi- Fill the specific insights about where your article was lost in Delhi.
· Date of Loss- If you don't have the idea about the date, at that point you fill it with a guess yet the filling of month and year is obligatory.
· Time of Loss- If you remembered the time of loss then fill it. However, it is not mandatory.
· Lost Articles- Fill the name of the article you have lost.
· Description- The essential details of the lost item.
· ADD- by tapping on ADD the points of interest will be attached in the record.
· Any Other Details- -Any other particular detail you need to feature at that point fill it in this blank.
Step 5- Fill the re captha Code given at the end after all the above details.
Step 6- Recheck the details and click ‘Submit’ button.
Step 7- Now check your email ID for you will receive a copy of your e-FIR in PDF form in your inbox. Take a print out of that report.
You should influence at least 3 copies of the Application. (1 to duplicate for police station record, 1 copy for duplicate Document Application and 1 duplicate for your own particular record).
If it's not too much trouble take time that you ought to get the report (F.I.R) properly signed by Police Officer In-charge with his name and position and Police station Address Stamp.
Never document a false complaint or give wrong data to the police. You can be punished under law for giving incorrect data or for deceiving the police.[Section 203, Indian Penal Code 1860].
Step 1: Go to the Official Website of Mumbai Police.
Step 2: Fill up the Mumbai Police Complaint Form
If you don't mind taking a note of your Email Address that will be utilized to get an OTP (One-time Password) which will be utilized to approve to acknowledge your Complaint. It would be ideal if you tap on the 'Submit' button once you get done with filing up the complaint form.
Following details that should be submitted in the complaint form:
· Police station name
· Complaint type
· Postal code
· Phone No
· Email id
· Authorized code
· Your complaint
Step 3Making a Note of your Complaint Number/FIR Number. When you tap on Submit, your Complaint Number/FIR Number will be produced. Please make a note of your Complaint Number for all future references.
Step 1 – Go to the Official Website of Kolkata Police
Step 2 – Go to the “Report a crime” menu
Step 3 – Fill the information asked in the menu
· Details about the crime
· Police Station
· Security code
Step 4 – Hit on the send button. Your complaint will be enlisted with Kolkata Police. You will get an email affirmation on your email account.
Step 1 - Visit the Official Website of Tamil Nadu Police Station.
Step 2 - Pick the alternative data if you need to document FIR, or pick the choice complaints if you need to file the online complaint or e-FIR, from the online services box.
Step 3 - File FIR/complaint according to that.
6. Uttar Pradesh
Step 1- Visit official site of UP police: First go to interface uppolice.gov.in. This is the official site of Uttar Pradesh police.
Step 2- Click on Citizen services: At the homepage, you will see the option citizen services. Click on that.
Step 3- Select E-FIR: At the page of citizen services page you will see the option E-FIR. This is the online FIR in UP police service. Click on that.
Step 4- . Register there: Then you will be directed to the registration portal. At that portal, you will see two options.
· Create Citizen Login
if the person has already officially enrolled user at that point go for login. But in case if you are a new registration at that point tap on the alternative Create Citizen Login.
Step 5- Fill the details: At portal new registration, there are the many options-
· Mobile no.
· Email address and so on
Then click on the option register. The cell phone and the email address are required on the grounds that when once you will be registered an OTP will be sent to cell phone or email. So it is obligatory.
Step 6- After once you get registered you will see three options for the online FIR in up police-
· Register lost report
· View registered report
Click on the option register lost report.
Step 7- Fill the Details: In this registering part, you have to fill the details in three sections-
· personal details
· place of occurrence
· lost articles
Step 8- Fill the personal details: In the section of personal details, you have to fill the following things-
· complainant’s number,
· S/O, W/O,D/O name,
· Complainant’s address,
· Mobile no,
· Email id.
Then click on the next button.
Step 9- Fill lost area details: then next page will be the place of occurrence. The following details will be asked to fill-
· Place of occurrence,
· Police station,
· From Date,
· From Time,
· To Date,
· To Time,
· Brief facts.
Then click on the next option.
Step 10- Fill the lost document details: at the next page, you will see the page lost article.
· At that page, you have to select the article name from the list given there.
· Then fill the other details of the article like if you have lost you any document then fill its details.
· Then in the description option fill about the lost article in words as much as you can because it will help the police in finding your article.
· If you have lost more than one item then select add article option.
· Then tap on submit option
Step 11- Enter OTP (one time secret word): after once accommodation of your report you will get an OTP on your enlisted number and email id. Enter the OTP for authentication and click on confirm.
Step 12- Receive confirmation mail: Once your report gets enlisted totally you will get an email containing your report in PDF shape. You can make a printed copy of online FIR in UP police.
The other state where you can file an online FIR
Online complaints/FIRs can also be filed in most cities in India. In Bengaluru, individuals can record their grievances under particular sections. In the interim, in Patna the online FIR process is simple and has caught on. Hyderabad doesn't have an online FIR office up 'til now.