What is the exact process of FIR? I am learning few things related to law and i want to know few things related to FIR. Please answer each point in detail, so that i can clearly understand everything and like the answer. 1. Do police file FIR directly if some person approaches the police station and asks them to file a FIR? 2. Is it possible that a person approach the police intention to defame someone and write a FIR against him just to make his/her record bad, even if the person has not committed any crime? 3. Is it possible that police while writing a FIR makes a mistake and write someone else name as an accuse, lets say if police was about to write a FIR against Sanjay Singh and by mistake it writes Sanjay Vyas? 4. When a police catches a criminal then whether is it possible that police while registering the FIR, the criminal doesnt tell his name rather he pretends to be someone else? For example if police catches a person Kapil in drink & drive case, takes him to police station and asks name of criminal and he tells the police that his name is Dinesh along with fake ID of Dinesh, although his actual name is Kapil? 5. Is it possible that an criminal FIR may have been registered against a person in some other state and he is unaware of the same? For example lets say Kapil resides in Jaipur and a FIR has been registered against kapil in pune and he is unaware of the same, now he applies for police verification(may be for passport or for job purpose) and the local police station of Jaipur gives a clearance certificate saying that no FIR has been registered against kapil in Pune and which might create problem for him in the future?
The law does say so. Although the police may listen to the complaint investigate and then lodge an fir.
Ideally the police investigates before lodging a fir unless there is a proof of crime ie murder etc.
This may happen a rarity but can be rectified.
It may happen but if the investigation is carriwd out te truth may come out.
Yes it may happen. It sometimes happens.
1. See if person informs police station and disclose the facts in his complaint in oral or written before police , if those facts disclose commission of cognizable offence the police shall register on same.
2. See police may carry out primary investigation to check facts on complaint before registration of FIR it depends on fact and circumstances of each case.
3 See first police writes a complaint same is given to complainant to read and signature of complainant is taken on same so there are least chances of such mistake though in case any such mistake is caused the person wrongly accused in may approach high court or police during investigation may drop names.
4. See if fake id is used to then it's fraud forgery now this depends on case to case it cannot be assumed, as police may investigate if they have a doubt on that identity card or the person.
5. See if police gives the verification then there is no issue for kapil though kapil has to sign declaration stating that there is no criminal case is pending against him and if he has knowledge and he has suppressed same there may be problems and passport may be also revoked.
Depends on nature of allegations. If serious offence than police is bound to file FIR. Otherwise police do preliminary inquiry before registering FIR.
Police cannot register FIR, if allegation dose not reveal commission of crime.
Contents of FiR duly verified by complainant before registration and Copy of FIR provided to complainant, name mistake corrected or can be correted later if found.
For submitting false details and I'd, another FIr will lodge.
In state record is surely available, all India criminal records may not be verifiable. And submitting false information may lead to consequences if found in future.
1. The police will register the FIR if any a person approaches the police regarding any crime,
If an offence is not cognizable, the FIR is not filed and in this case, the action is not possible without the intervention of the court.
if police refuses to register the FIR, the aggrieved person can approach the Court as envisaged under section 156(3) CrPC
2. many times false FIRs are registered,
if any false FIR is registered the same can be quashed through the interference of the Court and the police can take action against the complainant who provided false information to the police,
5. It is not possible that an criminal FIR may have been registered against a person in some other state and he is unaware of the same unless there is some conspiracy.
if the FIR is false and revealed at a later stage, after the verification, it will create legal complications,
the query doesn't seems for the STUDY PURPOSE
Dear Student,
Normally such questions are not entertained on the platform but as of academic interest I am answering the same as follows. Be informed that FIR is itself a small ocean and you will learn only when you face practical’s in courts. Join the office of middle aged advocate who is exclusively practicing on criminal side and if you wish to practice in High Court then join office of advocate practicing on criminal side in High Court.
1.Do police file FIR directly if some person approaches the police station and asks them to file a FIR?
Ans: They are supposed to conduct preliminary investigation.
2.Is it possible that a person approach the police intention to defame someone and write a FIR against him just to make his/her record bad, even if the person has not committed any crime?
Ans: Yes, but if wrong FIR is lodged and if at the end the result is closing of such FIR then the victim will file defamation case against the complainant.
3.Is it possible that police while writing a FIR makes a mistake and write someone else name as an accuse, lets say if police was about to write a FIR against Sanjay Singh and by mistake it writes Sanjay Vyas?
Ans: Yes, and it can be rectified by recording further statement of the complainant. No body is perfect.
4.When a police catches a criminal then whether is it possible that police while registering the FIR, the criminal doesnt tell his name rather he pretends to be someone else? For example if police catches a person Kapil in drink & drive case, takes him to police station and asks name of criminal and he tells the police that his name is Dinesh along with fake ID of Dinesh, although his actual name is Kapil?
Ans: Such criminal has to face trouble in future as police may file another FIR against him.
4.Is it possible that an criminal FIR may have been registered against a person in some other state and he is unaware of the same? For example lets say Kapil resides in Jaipur and a FIR has been registered against kapil in pune and he is unaware of the same, now he applies for police verification(may be for passport or for job purpose) and the local police station of Jaipur gives a clearance certificate saying that no FIR has been registered against kapil in Pune and which might create problem for him in the future?
Ans: No, clearance certificate is enough. All the court like to know about the intention and bonafides from the person. Please understand you should not misguide the experts. You must be direct. Above questions are not asked by any student but some body who is facing such troubles. If you do like this then you will not be believed in future. If you are a law student then judges will give you negative marks and start to reject your bail applications etc even though your cases have merits.You need discussion if you wish particular solution to resolve your issue. You can get my mobile number from the administrators of this website.
1. Police is bound to file FIR if the information received by it discloses the commission of a cognizable offence
2. False FIRs are filed to defame people.
3. Mistakes also happen while entering the particulars of accused.
4. Accused misrepresenting himself to police is also normal.
5 If the Jaipur police certifies, on the basis of information available with it, that applicant is not facing criminal prosecution in any criminal case within its jurisdiction, it cannot be held liable if there is a criminal case pending against applicant in any other part of India, pertaining to which Jaipur police has no knowledge.
6. The applicant of passport is liable to be prosecuted under Section 12 of Passports Act as well as Section 420 IPC for cheating if he suppresses any information in his passport application. Similarly, he is liable to be prosecuted under Section 420 IPC if for obtaining PCC for a job he suppressed true information from police.
Dear Sir/Madam
Point wise replies to your query is as follows:
1. When some approached to police with an information/complaint of congnisable offence, the police is bound to file the FIR. But, it does not happen always in practice and in that instance, the informant is required to submit an application to higher police authorities i.e. SSP/DCP and FIR may be registered on that application.
2. It so happens many times that a person approaches the police intention to defame someone and FIR is registered. Many innocent people (in practical life) suffer due to malicious complaints and FIRs. This causes also undue burden on judiciary.3. Some typographical errors also happen in FIR, but it the duty of police to do the investigation impartial and objective manner and remove any ambiguity and also correct the errors.
4. It happens someone uses fake things including name and IDs etc. in order to escape from the clutches of law. But, the same is against law and the person should be framed in one more section of IPC for impersonation. It is clearly mentioned in Cr PC that everyone is required to disclose his identity and hiding the same is an offence.
5. Yes, it is possible that an criminal FIR may have been registered against a person in some other state and he is unaware of the same. The passport verification will be done at all disclosed places of residence etc. of a person and the said mistake is obvious. But, the search on CCTN also may reveal regarding any case against a person.
It is not a forum for answering legal questions for learning purposes.
Legal advice is given here for legal remedies to any particular disputes arising to any user of the forum.
1. Legally not , A police officer can refuse to file FIR , on your complaint , if he believes the case is of petty issue or also that police station has not the territorial jurisdiction.
- However , lodging an FIR also depends upon the seriousness of allegation in the complaint.
- Supreme Court, in a case titiled as Lalita Kumari vs. Govt. of Uttar Pradesh, (2014) 2 SCC 1 case, has held that the Police must register FIR where the complaint discloses a cognizable offence.
2.No, specially in the case of defamation police cannot lodge an FIR , without a court direction, but the police can take his complaint , and further can call the other persons for enqiury .
3. Yes , some times happen,but the said person named as Sanjay Vyas will have his right to lodge his personal complaint to the higher police official and the court as well.
- However, as per law, it is the duty of the police official to disclose the contents of FiR to the complainant before registration , and also a copy of the same should given to the complainant .
4.Giving false information to the police or the judicial officer is an offence
- Under section 182 of IPC , Whoever gives to any public servant any information which he knows or believes to be false is an offence .
5. Yes,
1. When there is some cognisable crime than YES FIR is registered directly when the victim approaches the police. If crime is non cognisable than police do makes some pre investigation before registration of the FIR.
2. If the crime is not at all committed than police is not Fool that they will register FIR. The whole world will be a criminal in the way you are saying. NO, this doesn't happens
3. If such mistake happens by the police than it will be corrected and presented in court. It is not that Sanjay Vyas will be imprisoned in the place of Sanjay Singh.
4. Actual name of the Accused cannot be hidden from the law. Still of police catches someone and he pretends to be someone else with fake id than one more case may be registered against the person for cheating by impersonation.
5. FIR is also available online. If there is some FIR is registered against anyone anywhere in India than that will be available online. Clearance cannot be given due to different cities
Hi Rahul Jatain Sir, On point number 5 i would like to say that only lost reports FIR’s are available on internet, I never saw any criminal FIR available online for any state.
Respected sir...
Thank you
.
Dear Sir/Madam,
You are informed that under CCTN network many types of information are available.
https://haryanapoliceonline.gov.in/ViewFIR/FIRStatusSearch.aspx?From=LFhlihlx/W49VSlBvdGc4w==
Each and every FIR can be searched here.
And police stations have different database....they can search FIR of any city and state.
All the FIR's are made online except few in which direction of court is there though for police search they are also available.
FIR is always criminal. In many states you can simply download the fir through the police website by typing the fir no. Or party name ie Haryana.
The procedure for filing an FIR is mentioned under Section 154 of the Criminal Procedure Code, 1973. You can file the FIR at any police station
2) Anyone who knows about the commission of a cognizable offence can file a FIR
3) false information can be given by complainant
4) police do not make mistake in name of accused
5) police check the identity proof of person accused of offence
6) when an FIR is filed police issue notice to accused to record his statement carry out necessary investigations
7) accused would come to know of filing of FIR .
1. If on the basis of a written complaint a cognizable offence is disclosed the Police is bound to register FIR.
2. Since defamation is a non cognizable offence no FIR can be registered on this basis.
3. It is a tying mistake and if the accused is otherwise identified otherwise like through his father's name and address then such mistake is ignored.
4. It is a criminal personation and it is an additional charge along with he charge for which he was apprehended.
5. Registration of FIR against the accused person doe snot make any difference with his residence. Only the place of occurrence of crime determines the place of registration of FIR.
As per SC judgment all FIR has to be mandatorily uploaded within 24 hours in urban areas and 72 hours in rural areas
1. Police are reluctant to file FIR they first try to find facts do preliminary inquiry if found satisfactory then they file. Sometimes they directly refuse to file FIR for no reasons.
2. Yes people do that they file false FIR for many offences to defame people.
3. They can do that but but generally it doesn't happen
4. That's can happen but it can be corrected
5. Yes it's very common but police served them notice if they want to inquire in the same.
1. Yes police register the FIR but only if the offence is cognizable.
2. Yes but under these circumstances if police find out that complaint was filed just to defame the accused then police can initiate FIR against complainant.
3. No chances of this mistake are very rare because FIR is registered as per written complaint given by complainant.
4. Yes it is possible but as soon as this fraud is disclosed Before police then a separate FIR for impersonation can also be initiated against accused.
5. Yes it is possible but police as soon as FIR is registered against some person residing in different state under cognizable offence police send notice or go to arrest that person by informing local police station.
- Very old FIR generally not available online .
- However, if there is an FIR against any person , then the police official will call the accused or sent a notice for appearance before him , specially in bailable offences.
- Otherwise, if there is FIR under the sections of non-bailable offence ,then the accused would come to know automatically , because police will try to trace him , even the accused is residing in other state.
1.It is generally a complaint lodged with the police by the victim of a cognizable offence or by someone on his/her behalf.
Anyone can report the commission of a cognizable offence either orally or in writing to the police.
2. FIR is the abbreviated form of First Information Report. It is the first information about an offence recorded by police officer on duty.
The FIR is very important because on the basis of the FIR, the police starts is investigation.
Denial to lodge an FIR is an illegal act.
3. The typo error is not a private proeprty, anyone can commit typographical error, hence police people are not exempted from doing such mistakes.
4. The police will extract the details and facts of the person charged with the offence, the accused cannot false information with the police for a period beyond the possible level.
5. If he is not aware of the pending FIR or a criminal case then nothing can happen, especially the local police not being aware of the criminal background of the person who has applied for police verification report for visa or passport, the local police may give a clean chit to him.
It means you have not browsed the website containing the details of FIR pending against an individual.
If the police would like to trace the information or any pending FIR, they can very well extract the details through websites meant for this
The complaint is investigated in most of the cases in order to know the authenticity of the complaint. Police do not immediately register the FIR.
The person who files a false FIR against someone can be held guilty under Sec 182 & 211 of IPC.
it can be rectified.
It is an offence to refuse to give police false name and address.
Dear Sir,
It is absolutely legal to engage yourself in prostitution however the role of a pimp, trafficking or opening a brothel is what is illegal. So they are technically not doing something illegal as they are registered as a spa centre. However the authorities are fully aware of what is going on and they are reluctant to take any actions because obviously the local law bodies are paid off. I am pretty sure if you are from India you know how easy it is to make someone look the other way with some money.
In Jaipur FIRs registered under all offences are available on internet except the offences for rape or molestation where identity of victim has to be protected.