In India’s criminal justice system, the First Information Report (FIR) is the initial step toward securing justice in cases involving cognizable offences. Whether you are a complainant, accused, or legal professional, understanding the process and implications of an FIR is essential.
This article provides an in-depth look into:
• What an FIR is
• The procedure to file it
• Its importance in legal proceedings
• The mechanism for quashing an FIR when it is found to be unjust, false, or legally defective
What is an FIR?
An FIR (First Information Report) is a document prepared by the police based on the first piece of information received regarding the commission of a cognizable offence — an offence for which police can register a case, investigate, and arrest without prior approval from a magistrate.
FIR is governed by Section 154 of the Criminal Procedure Code, 1973 (CrPC).
Legal Definition – Section 154 CrPC
Section 154 CrPC states:
“Every information relating to the commission of a cognizable offence, if given orally to an officer-in-charge of a police station, shall be reduced to writing… read over to the informant and signed by the person giving it. A copy shall be given to the informant free of cost.”
Who Can File an FIR?
• The victim of the offence
• A witness to the crime
• Any person with knowledge of the offence (even hearsay in some cases)
You do not need to be directly affected to file an FIR.
Procedure to File an FIR
1. Approach the Police Station
Go to the police station nearest to where the offence occurred.
2. Give Information
Share details orally or in writing — nature of the offence, time, location, persons involved, and any witnesses.
3. Recording by Police
The officer will record your information in the FIR register.
4. Verification
The content is read back to the informant to verify accuracy.
5. Signature and Copy
The informant must sign the report, and a free copy is provided.
6. Registration Number
The FIR is assigned a number and logged into official police records.
Types of FIRs
Type Description
Zero FIR Can be filed at any police station irrespective of jurisdiction; transferred later to the correct station.
Regular FIR Registered under the proper jurisdiction where the incident occurred.
Cross FIR Filed by the opposite party in the same incident.
Why is FIR Important?
• Legal Foundation: The FIR forms the basis of the investigation and prosecution.
• Preserves Timely Evidence: Early registration helps secure immediate proof and witnesses.
• Protects Rights: Ensures accountability and legal rights of the complainant.
• Judicial Reference: It becomes a vital document in court proceedings for both prosecution and defence.
What If Police Refuse to File an FIR?
If a police officer refuses to register the FIR:
- Approach the Superintendent of Police (SP) with a written complaint under Section 154(3) CrPC.
2. Send Complaint via Registered Post to higher police authorities.
3. Approach the Magistrate under Section 156(3) CrPC to seek direction to register FIR and initiate investigation.
Non-registration of FIR in cognizable offences can attract disciplinary action and even prosecution against the officer involved.
Quashing of FIR: Legal Remedy Against False or Frivolous FIRs
Sometimes, an FIR may be filed with malicious intent, or there may be no criminal substance in the allegations. In such cases, the High Court has inherent powers under Section 482 CrPC to quash the FIR.
Grounds for Quashing an FIR:
1. No prima facie case made out.
2. Allegations are absurd or inherently improbable.
3. Filed with malicious intention or to harass the accused.
4. Matter is civil in nature (e.g., contractual disputes).
5. Settlement or compromise reached between parties in compoundable offences.
6. Violation of fundamental rights or abuse of process of law.
Procedure to Quash an FIR
1. File a Petition under Section 482 CrPC before the High Court having jurisdiction.
2. Attach all necessary documents – copy of FIR, chargesheet (if filed), and evidence supporting your case.
3. Issue of Notice – The High Court issues notice to the State and complainant to appear.
4. Hearing and Order – After hearing both parties, the Court may quash the FIR if it finds merit.
FIRs for serious crimes like rape, murder, terrorism, or offences affecting public at large are generally not quashed on the basis of compromise.
Landmark Judgments on FIR and Quashing
• Lalita Kumari v. Govt. of U.P. (2014) – FIR must be registered in all cognizable offences; preliminary inquiry is not a precondition.
• State of Haryana v. Bhajan Lal (1992) – Laid down seven grounds under which FIR can be quashed.
- Gian Singh v. State of Punjab (2012) – FIR can be quashed in compoundable and certain non-compoundable cases if parties have settled.
Conclusion
The FIR is not just a document — it is the entry point to justice in criminal law. While it empowers victims and enforces rule of law, it also demands caution, fairness, and legal clarity. If you’re faced with a situation involving an FIR — be it registration, refusal, false implications, or quashing — consult a legal expert at the earliest.
At Narendra Madhu Associates, we assist clients in:
• Filing and following up on FIRs
• Legal representation in criminal proceedings
• Quashing FIRs in appropriate cases
• Advising on compromise-based settlements
