Question:
What is F.I.R. and its essential, what are the remedies available to a person if police officer refuses to register F.I.R., discuss the cases in which a police officer may conduct a preliminary inquiry before recording F.I.R.?

Answer:
Introduction: The word ''FIRST INFORMATION REPORT'' has not defined in the code of criminal procedure 1973, but the word has been used in the code u/s 207.

In a general sense, THE FIRST INFORMATION REPORT can be said as the information which is the firstly given by any person relating to commission of any offence.

The first information report is regarded as the statement given by the informant u/s 154 of code of criminal procedure 1973, popularly known as F.I.R.

Case: Ravi Kumar vs State Of Punjab
The First Information Report is a report giving information of the commission of a cognizable crime which may be made by the complainant or by any other person knowing about the commission of such an offence.

Essential of F.I.R.

1. Informant
2. Cognizable offence
3. Information shall be given to, in charge of a police station (Oral or written)
4. Signature of informant
5. Entering of substance in book (general diary has been prescribed for this purpose)

Exception of essential of F.I.R.
If the informant is women or woman against whom the offence such as sexual harassment, rape and other mentioned u/s 154 Cr.P.C , then the information shall be recorded by a women police officer or any women officer .

The recording of such information shall be in vediography, these provision have been inserted by the criminal law amendment Act, 2013.

Kinds of F.I.R
Kinds of F.I.R. can be divided into two categories.

1. On the basis of Informant
2. On the basis of statutory provision

On the basis of informant

1. Victim (sec.154)
2. Accused (sec.154)
3. Third person (sec.154)
4. Police Authority (sec.157r/w sec.36)
5. Court (156 r/w 482)

On the basis of statutory provision

Lalita Kumari Case:

1. Section 154(1) informant
2. Section 157(1) Police Authority

Jurisdiction

1. F.I.R Sec154 (1) jurisdictional F.I.R
2. Zero F.I.R Sec 154(1)

Duty of police officer to register an F.I.R
It is duty to every police officer to register an F.I.R, if victim has gone to inform about offence to such police station which is out of jurisdiction, it is the duty to police office to record a zero F.I.R, after that such information shall be sent to competent jurisdiction.

Case: Lalita kumari vs State of U.P
ISSUE: Whether a police officer is bound to register an F.I.R. upon receiving any information about cognizable offence.

It was held by the court the provision u/s 154(2) are mandatory in nature. Therefore it is mandatory and duty of a police officer to register an F.I.R. on receiving the information about any cognizable offence.

Remedies available on non- registration of F.I.R
When the police officer refuses to register F.I.R under section 154(1), the informant has following options

1. Remedy before superintendent
2. Remedy before magistrate 156(3)

Cases in which preliminary inquiry should be made

Lalita Kumari Case
The court has held in the following types of cases the police officer conduct to preliminary inquiry before F.I.R

1. Matrimonial /family dispute
2. Commercial dispute
3. Medical negligence
4. Corruption cases
5. Delay in F.I.R

Written By: Abhishek Tripathi
Email Id: [email protected], Mobile no. 8081333151