Predicaments Relating to First Information Report in India

6 Pages Posted: 1 Mar 2012

See all articles by Dr. Raj Yadav

Dr. Raj Yadav

Law Faculty, Baba Mast Nath University; Plebs Association of Law Teachers

Date Written: March 1, 2012

Abstract

A First Information Report or FIR is a written document prepared by the Police in India, Pakistan and Japan when they receive information about the commission of a cognizable offense. It is a report of information that reaches the police first in point of time and that is why it is called the First Information Report. It is generally a complaint lodged with the police by the victim of a cognizable offense or by someone on his/her behalf. Anyone can report the commission of a cognizable offense either orally or in writing to the police. Supreme Court disapproves of reckless arrests in criminal cases. 'It appears that the police is not at all implementing it. What invariably happens is that whenever an FIR of a cognizable offense is lodged, the police immediately go to arrest the accused person. This is clear violation of the judgment of the apex court.' The court issued direction to the chief secretaries, home secretaries and law secretaries of all the states and Union Territories to strictly comply with the judgment of the apex court in Joginder Kumar’s case. Genuineness or credibility of the information is not a condition precedent for registration of the case. Information lodged with Police disclosing cognizable offense, the officer-in-charge of a Police station is statutorily obliged to register a case.

Keywords: FIR, rigistration of cases, predicaments, India, criminal procedure code, first information report, police, police report

Suggested Citation

Yadav, Dr. Raj, Predicaments Relating to First Information Report in India (March 1, 2012). Available at SSRN: https://ssrn.com/abstract=2013793 or http://dx.doi.org/10.2139/ssrn.2013793

Dr. Raj Yadav (Contact Author)

Law Faculty, Baba Mast Nath University ( email )

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India
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HOME PAGE: http://bmu.ac.in

Plebs Association of Law Teachers ( email )

Chief Editor, Plebs Journal of Law
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