How to File an FIR in India: Step-by-Step Legal Guide

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How to File an FIR in India: Step-by-Step Legal Guide

An FIR (First Information Report) is the first step in the criminal justice process. It sets the legal machinery into motion by informing the police about the commission of a cognizable offence. Every citizen should know how to file an FIR and their rights in the process.

1. What is an FIR?

  • An FIR is a written document prepared by the police based on the information received about a cognizable offence (e.g., murder, theft, rape, kidnapping).

  • It is registered under Section 154 of the Code of Criminal Procedure (CrPC), 1973.

2. Who Can File an FIR?

  • Victim of the crime

  • Witness to the crime

  • Any person with knowledge of the offence

You do not need to be directly affected by the crime to lodge an FIR.

3. Steps to File an FIR

  1. Approach the nearest police station where the incident occurred.

  2. Narrate the facts of the incident clearly – date, time, place, people involved, and what happened.

  3. The police officer will write it down and read it back to you.

  4. Ensure all details are correct and then sign the FIR.

  5. Ask for a free copy of the FIR – you are legally entitled to it.

4. Online FIR Filing

Many states now allow lodging FIRs online, especially for lost items or cybercrimes.

Popular portals:

5. What If Police Refuse to File an FIR?

If the police refuse to register an FIR:

  • Send your complaint in writing to the Superintendent of Police (SP) under Section 154(3) CrPC.

  • If there’s still no action, you can:

    • File a complaint before the Judicial Magistrate under Section 156(3) CrPC.

    • Approach the State Human Rights Commission or High Court via a writ petition.

6. Important Case Law

  • Lalita Kumari v. Govt. of U.P. (2013) – Supreme Court held that registration of FIR is mandatory in cognizable offences and police cannot delay it.

  • State of Haryana v. Bhajan Lal (1992) – Laid down conditions under which FIR can be quashed.

7. Key Rights of the Complainant

  • Right to register FIR without delay.

  • Right to receive a free copy of FIR.

  • Right to request investigation updates.

  • Right to approach higher authorities if denied.

Conclusion

Filing an FIR is a fundamental right of every Indian citizen. It is essential for victims and bystanders to know their rights and legal remedies if the police refuse to act. Timely registration of FIR often determines the outcome of criminal proceedings.

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