Legal Rights Related to FIR – |First Information Report| |FIR| |IPC| |Women Rights| |fir se jude kanooni adhikar| |what is fir report| |police fir na likhe to kya kare| |police se fir kaise likhwaye| |fir kaise register karaye| |fir na likhne ki shikayat kha kare||what is crpc section 154| |procedure after fir is lodged||police not taking action on fir| ncr kya hoti hai withdrawal of fir by complainant, difference between police complaint and fir FIR & more.
To file a complaint of any crime against you in the police, it is necessary to file an FIR so that the police can go to the bottom of the crime and get them punished and the victim can get justice.
As soon as the FIR is heard, the public has a sense of terror in the mind. FIR is lodged under Section 154 of Indian Penal Code, 1973. This is your legal right. Advocate Gunjan Chakash explains that sometimes people do not understand the importance of FIR or do not have any information related to it, but they can do their own losses, while registering an FIR, the police can never refuse.
Difference between FIR and Police Complaint
FIR is a First Information Report. It relates only to cognizable (criminal) offences. On the other hand, police complaint can be cognizable or non-cognizable offences.
FIR and Police complaint are two different terms with different meanings. Though they are related to complaints, they have different offenses and complaints where FIR and police complaints are registered accordingly.
In a First Information Report, a complainant who is aware of the offense, as an eye witness and as hearsay account, lodges an FIR. It is information given to the Police Officer. FIR is a very serious registration that one can make. It should not be gossip and that should be traceble, and after the complete investigation the source takes the responsibility. An irresponsible rumor should not result in the registration of a FIR. It is mandatory to give a copy of the first information report (as recorded by police) to the complainant or the informant free of cost.
A cognizable case means a case in which a police officer may arrest without warrant, in accordance with the First Schedule of Cr.P.C. (1973), or under any other law for the time being in force. Whereas, non-cognizable offence means in which a police officer has no authority to arrest without warrant.
On the contrary, a Police Complaint can be a cognizable or non-cognizable offences complaint. Complaint means any allegation made orally or in writing to a Magistrate, with a view to his taking action under the code of criminal procedure (1973), that some person (whether known or unknown), has committed an offence. It can be related to a robbery, accident, murder, etc. Thus, it is quite possible that a police complaint can also be converted into FIR, if the investigation proves to be a serious matter.
There are three such places where there is always the right time of every man’s right to live in the house, the cottage, the hospital and the police station. If the police does this then the police can also complain to the upper level. Read further slides to know the FIR and its associated rights.
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 by him or under his direction, and be read Over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf.
Important Related to FIR and Police Complaint
If someone’s mobile is lost or stolen, then that mobile could also be misused. Important paper or driving licenses etc. in purse can also be misused. Not only this, there is a need for a police report in the formation of this document again, so the complaint made to the police is of great importance.
Even casualties are not correct and should be reported to the police about missing items. In such cases, the police usually do not FIR directly if someone’s mobile has been stolen or someone has looted then FIR is registered only. But if the mobile is lost or lost somewhere, then the police cut NCR.
In NCR the police referring to the incident and a copy of it is given to the complainant. After this, if any person of the said mobile or any missing document is misused, then the defense can be defended on the basis of the copy of the NCR. In such a situation, NCR has a lot of importance. He told that the copies of the NCR send the cop to the court. Also, if no clue is found after the investigation, the police file reports of Untraceable but during the investigation, if the case is settled and the recovery of the goods, then the complaint may be given on the basis of the copy of the NCR.
Who can make a complaint?
Anyone can make a complaint. If you have,
- Experienced inappropriate behavior from a police officer or member of police staff.
- Witnessed an incident – for example, you were present when an incident took place.
A person can complain anytime he wants. There is no limit on making a complaint, but it is best to do it as quickly as possible after the incident. Under the Indian Penal Code, it is said that if more than 12 months have passed between the incident and the date when the complaint is made, then the appropriate authority may not register it. There should be a valid reason for not making a complaint. However, it does not guarantee that the complaint will be investigated.
Thus, one needs to be very clear about the two terms, FIR and Police complaint, that for what reason and on which basis they both can be used.