Transcription
Hey everybody, I am Priya, and in today's video, we will understand FIR so well that you will be able to explain it to your entire class.
So, what is FIR? Who files it and how? If someone does not file an FIR or there is a delay in filing it, what can you do? What changes have come in the FIR system in the old and new laws? Four major and good changes have come, and we will understand all these things in a deep and easy manner in today's video.
Let's start! We have divided this whole video into different questions so that you can understand each and every thing very well.
**Our first question is: What is an FIR?**
To put it in very simple language, if you want to get information about any crime from someone and you give it to the police officer, and he writes down that information, we call it an FIR. The information on the basis of which the investigation starts is the FIR.
Now, where is it defined? It is given in Chapter 13, Section 173 of BNSS. This section says that any information relating to the commission of an offence given to a police officer is called an FIR.
To understand this whole thing better, let us see its practical aspect. Suppose a crime has happened, and you want to give information about it. You have two options: either you can go to the police officer or you can go to the magistrate.
Let us first look at the first option. Imagine that a crime has happened, and you come to give information about it. Now, it is possible that the crime is of serious nature. Whether it is an offence of serious nature or an offence of less serious nature, if it is an offence of serious nature, i.e., rape, murder, kidnapping, robbery, etc., then we call it a cognizable offence.
These are the types of offences that are of very urgent nature, in which immediate action can be taken. These are serious offences, and action has to be taken immediately without wasting time; otherwise, the offender can run away, evidence can be tampered with, and witnesses can be threatened.
As these are of serious nature and are urgent, you can start the investigation without taking permission from the magistrate, and you can arrest without a warrant. So, whenever your information is of serious nature and is related to any cognizable offence, then after hearing your information, an FIR is launched under Section 173.
Now, the second option is if your crime is of a less serious offence, we will call it a non-cognizable offence. In these cases, an FIR is not lodged. Yes, an FIR is lodged only in cognizable offences of serious nature.
In this case, your information will be written in a non-cognizable register. Because this is less urgent and of a less serious nature, the police officer will send you to a magistrate. The magistrate will listen to your information and write a complaint. Then he will direct the police officer that yes, you can start an investigation, you can get a warrant issued, and get an arrest done.
So, what we have seen here is that only those of cognizable nature in offences, FIR is filed, and in non-cognizable offences, NCR is written.
Now we come to the second option. Suppose a crime has been committed. You can give information about it to the police officer, or you can directly go to the magistrate. The magistrate can come and, after listening to your information, write the complaint. If that information is related to a cognizable offence, then he will direct the police officer to write an FIR. If it is related to a non-cognizable offence, then you know the process.
So, what we saw here is the difference between NCR, FIR, and complaint. The intention of this whole thing is to investigate the crime. After completing all these steps, the investigation starts in respectable offences, and after the investigation is completed, the police officers file a case against the magistrate. We submit a police report to the FIR, which is also called a challan or chargesheet.
So, here we saw the difference between an FIR, complaint, and a police report. A quick recap:
- FIR will be the information given to the police officer on the basis of which the investigation starts.
- A complaint is the information given by the informant to the magistrate.
- A police report is the investigation report which the police officers submit to the magistrate.
Where will you find out which offences will be cognizable and non-cognizable? You will get the complete list of these here. If you want to understand types of offences—cognizable, non-cognizable, bailable, non-bailable, compoundable, non-compoundable—then you can check out this video of mine. You will easily understand everything in this.
Well, let me tell you a fun fact: in the entire BNSS and even in the entire CRPC before this, FIR was not defined anywhere. The word "First Information Report" has been used only at one place, and that is Section 230, which says that the magistrate will provide a copy of the First Information Report to the accused.
Now let's come to our second question: How to file an FIR?
The question is, what are the essentials of an FIR? The direct answer is found in Section 173, which says that every information related to a cognizable offence that you have told to the officer in charge of the police station, even if it is oral, written, or telephonic, if it is written, then it is correct. But if it is oral or telephonic, then that information will be launched.
It will be written in the general diary, in what format, as prescribed by the state government. When all these things are done, then that information will be read out to you, and your signature will be taken on it. After all this, a copy of it will be provided to the informant or the complainant, and we call it FIR.
Now here we have understood the main section. If you look carefully, this section also has two provisions. Understand provision meaning special condition in this way, which was added in 2013 and later amended as well.
The first provision says that if the person lodging the FIR is a woman and she is getting the FIR lodged related to offences like stalking or rape, then this information will be lodged only by a woman officer.
The second provision says that if the woman giving the information is mentally or physically disabled or is unwell, then the police officer will go to the woman's home or any other place as per her convenience and record the information, and this recording will be video graphed.
Now we move on to our third question, where we will discuss the most landmark and important case related to the FIR: Lalita Kumari versus State of Uttar Pradesh.
So, our third question is: Is registering an FIR mandatory or not?
Listen, just take a half-minute break. A lot of children are joining this channel newly, so if you are liking my teaching method, then let me tell you that I have some of my own courses. I have a Constitution course, a CLAT PG course, and I also have a newly launched three new criminal law courses.
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Let's continue the video.
I can also ask this question like this: Is a police officer required to lodge an FIR on every statement and every information given to the accused? We will get the answer to this in the most important case of this topic, which is Lalita Kumari vs State of UP and others.
This is a very important case. In fact, if you are doing a project on criminal law or if you are thinking of making an assignment, you can pick up this case.
Let us know the facts of this case. In this case, a minor girl was kidnapped when her father, who is the informant in this case, informed the police. When they go to the police officer to register the FIR, he refuses. Then they go to the senior superintendent with the complaint, who directs the police officer to write the FIR.
Now they register the FIR but do not start the investigation. In fact, they demand money to start the investigation. Fed up, the father goes to the Supreme Court and files a writ of habeas corpus to present his missing child.
In this case, it is revealed that across the country, the number of FIRs not registered is almost equivalent to the number of FIRs registered. In this regard, the committee headed by Justice Malam also noted that people across the country are upset over the non-registration of FIRs and suggested that strict action should be taken against those police officers who do not register FIRs.
In this case, a bench of two judges sent notices to different departments and heads and said that in all those cases where immediate FIR is not registered and a copy is not given to the informant, a complaint should be made to the magistrate. The magistrate will then direct the police officer to register the case.
If even then this is not done without any sufficient ground, then contempt proceedings should be initiated against such police officers.
Now, this case is important because very important guidelines were given regarding the registration of FIR, in which the most important one says that registration of FIR is compulsory and mandatory for every information related to a cognizable offence, and no preliminary inquiry will be conducted in it, not under Section 173.
Also, pay attention to the words: first is "every information" and second is "shall." So, "every information"—this word should not be qualified. An FIR will be written only on credible information or reliable information because it was the intent of the legislators that by launching the FIR, police officers should not exercise their discretion or choice as to which information should be used to lodge an FIR or not.
Second, "shall"—the word "shall" has been used; otherwise, wherever the word "shall" is used, it will be mandatory. Section 173 says that every information, whether it is credible or not, reliable or not, if it relates to a cognizable offence, registration of FIR is compulsory and mandatory.
But this is just one part of the guideline. Now pay attention to other parts as well. There are high chances of this provision being misused because many FIRs are registered, but many times it is done to harass the opposite party. False allegations are also made for these.
Then in the second part, it comes. Now it says that these are some cases; this is just an indicative list, this is not an exhaustive list. Whenever information related to these cases is given and the police officer has this doubt, a preliminary inquiry can be conducted to confirm whether it was a cognizable offence or not.
But understand further that a preliminary inquiry is only conducted to find out whether a cognizable offence was committed or not because to file an FIR, it is only necessary to know this. You cannot do a preliminary inquiry to find out whether the information given was false or not, whether it was credible or not. No, because after filing the FIR, you can find out all these things during the investigation stage.
Now, if it is found out in the inquiry that a cognizable offence was committed, then the FIR will be lodged. If the cognizable offence was not committed, then you will inform the informant within seven days that the FIR is not being lodged.
Now you have to lodge all the information related to the cognizable offence in the general diary, that on receiving information about the cognizable offence, you lodged the FIR. If you did not make an inquiry, then for which reason you did not make the inquiry, all the reasons should be mentioned.
After this, strict action should be taken against every police officer who does not register an FIR for any cognizable offence.
Now we have come to the most important question: What will happen if a police officer refuses to launch your FIR?
Whenever a crime takes place, you have three options to give information about it. These are the provisions one by one. If we discuss it, then first of all, we have already discussed it. Make a provision that whenever any crime happens, if it is related to a civil offence, then you should go to that police officer; he will write the FIR.
But if the police officer refuses to write the FIR, then the second option comes. Now you can go to the Superintendent of Police with your information, or you can also post it to him. If the SP feels that this information is related to any civil offence, they can do two things: first, either they will do the direct investigation themselves, or they will ask any police officer to file an FIR and investigate.
But if the SP refuses to file the FIR, then your third option comes. Now you can go to the magistrate and write your FIR. He will write the complaint, and the magistrate may direct an investigation. Keep in mind that this is the discretionary power of the magistrate, and I cannot direct the investigation here.
I would like to tell one thing: many people feel that if an FIR is being lodged for a crime, only then will the police officer be taken seriously, and only then will the investigation be done properly. Therefore, a lot of information is given in an aggravated manner; sometimes false information is given so that the FIR is lodged.
So here there are two things to keep in mind: firstly, giving false information is itself an offence, and secondly, in non-cognizable offences, an FIR is not filed, but it is also taken equally seriously. The only difference is that in non-cognizable offences, an FIR is not filed, and permission of the magistrate is taken before arresting a person. This is the only difference; the rest of the timeline remains the same in the whole series.
Now, before discussing the next question, I require your full presence of mind and full attention. So if you are making notes while watching the video, then stop and pay attention here. You will find the full notes below.
**So, our question is: What is the evidence value of an FIR?**
First of all, please tell me: Who can file an FIR? Only the victim can file an FIR? No, any person who has seen a cognizable offence taking place or who knows that a cognizable offence has taken place can file an FIR. Even if the police officer comes to know that a cognizable offence has been committed, he can also file an FIR.
Secondly, we have already discussed that an FIR is the information on the basis of which an investigation is started. Once the investigation starts, whatever statements or information is received will not be called an FIR; it will be a kind of evidence.
So, what does it mean? FIR is not a substantive piece of evidence. Now you must be thinking: Why should an FIR be filed? And what about the information that has been given? It also has specific use cases.
For example, if a non-accused person, like an informant, becomes a victim, a police officer files an FIR by giving some information. Then that information can be used for corroboration or contradiction. Both the words are used.
If you understand the meaning of both, then understand corroboration as supporting evidence. You file an FIR and give some information. You present the same information in court. If other witnesses also give the same information, then this becomes supporting evidence, your credit.
To make it clear that the information you have given is correct and reliable, then it can be used for corroboration. Secondly, if there is a contradiction, then understand it as cross-examination. You had filed an FIR, gave one statement, and gave a different statement in court.
If the rest of the evidence is also there and they are separated, then contradiction is used for cross-examination. Just note that the corroboration is a contradiction. The person who is filing the FIR and giving the information can be used for corroboration and contradiction, and not for any third party.
So, what we have seen here is that FIR is not a substantive piece of evidence. The only exception to this is that a dying declaration can be considered as substantive and primary evidence.
Now we come to another scenario: What will happen if the accused himself files the FIR? What is its evidence value? For example, suppose a person commits murder, and out of guilt, he comes to the police station to give a statement.
Then he can give information in two ways: confessional and non-confessional. If a confessional statement is given, it means that he is admitting in front of the police officer that yes, I have committed the murder. Even then, that statement will not have any evidential value; it will not be an admission bubble because here there is our new Evidence Act, which says that statements made in front of police officers are inadmissible.
Then the only type of information that can be given is a non-confessional statement. Now it has value because it helps in establishing your intent, preparation, motive, and all these things. The leading and most interesting case on the admissibility of confessional statements is Agnu Nagesia versus State of Bihar.
You must read what we have figured out in this entire question: FIR is not a substantial piece of evidence. Now both accused and non-accused can get an FIR lodged.
Now, the important question from the exam point of view is: What is the difference between the old law and the new law? What is the difference in the law?
So let us understand through a table, line by line, what the differences are so that you can understand it in a simple way.
First of all, the word FIR is still not defined anywhere. We need to know about these sections. You have to read it to understand it.
In the old law of CRPC, FIR has been talked about under Section 154, while in the new law BNSS, FIR has been given under Section 173.
In the second new law, in Clause 1, "irrespective of the area" has been added, which means RO FIR. Then for electronic communication, this clause has also been added, where electronic communication means eFIR.
Then the complete content of the two provisions that were given is still the same. Only the sections that were there in the earlier IPC have been included in the new law of the IPC, which mainly talks about offences against women.
A whole new Clause 3 has come, which is important, and what does it talk about? It talks about preliminary inquiry before FIR. So understand that any offence which is filed, if the punishment is between three to seven years, and if the police officer is not sure whether it is a cognizable offence or not, the right to conduct a preliminary inquiry before registering an FIR has now been expressly given, which should be done within 14 days.
Let us understand in a simple way what the difference was between the old law and the new law. Did you understand it?
In the same way, we will understand two more concepts of FIR in one minute each: Zero FIR and eFIR.
So, understand Zero FIR: If a crime has taken place somewhere or you come to know about a crime, then where will you file the FIR? Where the crime has taken place?
Whereas RO FIR says that without worrying about the jurisdiction, you can go to your nearest police station and launch the FIR there. Now that police station will inform the appropriate police station with the jurisdiction in which the FIR should be filed. They will send the documents, and in this way, the zero FIR will be converted into a regular FIR.
So you don't have to worry about jurisdiction. You can go to the nearest police station as per your convenience and get the FIR launched. Then the police station will handle all the other things.
Secondly, eFIR is also not a new concept; it was there earlier as well. The only change was that it was mentioned expressly. Secondly, the good thing is that now every state will have its own police portal, on whose home page itself the facility of eFIR is provided.
So friends, congratulations! Today you understood such an important and difficult topic. I am really so proud of you that you showed dedication and patience in making this video to increase your knowledge.
I really enjoyed teaching this topic. I hope you have also learned something new from this video. If you have any doubts related to this video or any recommendations for me on how I can teach better, then please do let me know in the comment section.
If you liked my teaching, then I have some similar courses like my Three New Criminal Laws course, my Constitution course, and my CLAT PG course. You will find information about all these courses in the description box below. Please do check it out!