26 February 2020, 1:41 pm
Why FIR is important document ?
This article has been preserved from The Voice Of Sikkim historical news collection and reflects information available at the time of its original publication.
Why FIR is important document ?
Pakyong , 26 Feb : As a citizen of our state and county we have the full right to file an FIR is any case of criminal offence. There was a case of a domestic help who was publically bashed by the person under whom she was employed. She did not want to stay and work because she was physically and emotionally abused and wanted to escape from the house, and she was caught and thrashed, the public just gathered around and watched the parade. It?s like they were taking law in their own hands, this is a violation of Human right and such offence come under the various categories of Indian Penal Code which is a cognizable offence however as citizens we don?t know it?s our right as well as duty to report such crimes to the authorities so they can take cognizance of the matter. In such cases not everyone knows that anyone can file an FIR not just the victim. There may be many cases where due to delay or any reasons if the FIR could not be on time then that could cause further problems.
Anybody who has witnessed the crime can file an FIR.
What is an FIR?
First information report (F.I.R) is a document (written, oral or telephonic) made by the police when they receive information about the commission of a cognizable offence. It?s a report of information that reaches the police first hand that is the reason it is called the 1 st ?information report. An FIR is very important as it sets the process of criminal justice moving. ?It is only after the FIR is registered the police can take up investigation of the case.
Anyone who knows about the said offence can file an FIR. It is not necessary that the victim of the crime can only file the FIR, even the police officer who comes to know about the offence can file an FIR. One can file an FIR if you are the person against whom the offence has/had been committed and you know yourself about an offence which has been committed. ?You have seen the offence being committed, when information about the commission of an offence is given orally, the police must write it down. Refusal to register an FIR is against the law.
It is your right as a person given information or making a complaint, to demand that the information gets recorded by the police is read over to you. Once the information has been recorded by the police, it must be signed by the person giving the information, or a thumb impression will work too.
The FIR can be of two types cognizable in which the police may arrest a person without warrant, and are authorized to start any investigation right away and do not need approval from the court.
Non cognizable?offence in which the police officer has no authority to arrest without warrant, no investigation can be done without the court?s permission, but the police must record the reasons for not conducting an investigation. (NCR report)
Name and address, date and time, location of the incident and names and description of the people involved in the incident, should be mentioned in the FIR
One should never file a false complaint or give wrong reports to the police if that the case then he/she can be prosecuted under the law.