First Information Report (FIR) is a written document prepared by the police upon receiving information about the commission of a cognizable offence. It marks the initiation of the criminal justice process and can be lodged by the victim or someone on their behalf, either orally or in writing. Even telephonic messages can be treated as an FIR. The police are obligated to register FIRs promptly and without excuses; failure to do so can result in disciplinary action.
Cognizable Offence: In Cognizable offences Police can arrest without a warrant and start an investigation without court orders. Examples include theft, violence, and murder.
Non-cognizable Offence: In Non-Cognizable offences Police cannot arrest without a warrant and need court permission to investigate. These are typically less serious offences.
Importance of FIR:
- Initiates Investigation: The FIR is crucial as it sets the criminal justice process in motion, allowing the police to start their investigation.
- Admissible in Court: FIR is considered a relevant fact and is admissible in court under the Qanoon-e-Shahadat Order 1984.
Who Can Lodge an FIR:
- Any Informant: Anyone who knows about the commission of a cognizable offence can file an FIR, including the victim, a witness, or even a police officer.
Procedure for Filing an FIR in Pakistan:
- Oral or Written Information: Police must document oral information and ensure the informant verifies the recorded information.
- Signature or Thumb Impression: The informant must sign or provide a thumb impression if unable to write.
- Copy of FIR: The informant has the right to receive a free copy of the FIR.
Key Information to Include in an FIR:
- Name and address of the informant.
- Date, time, and location of the incident.
- Facts of the incident, including any weapons used.
- Names and descriptions of those involved and witnesses.
Dos and Don’ts:
- Do Not: File false complaints, exaggerate facts, or refuse to sign the FIR.
- Do: Ensure the FIR is accurate and clear.
What If Police refuse To Register Your FIR?
- Approach higher police officials like SSP, DPO of Your area or send a written complaint.
- File a complaint with the District Public Safety and Police Complaints Authority.
- File a private complaint in court.
To file a private complaint use 22-A application. Sample of 22-A application is given below:
If police Refuses to register your FIR, You can file 22-A Application in the court of session judge. The court after hearing arguments of police representative will order the relevant police station to lodge FIR. In many cases polce refuses to register FIR in Pakistan, due to influence from criminal mafias or any other influential person. In this case getting your FIR registered through court is the only option left.
Pre- Requisites Before Filing of 22-A Application
Keep copies of application submitted in the police station with Diary Number. Than File a same complaint to higher police authority of area and get its Diary Number also. Attach copies of both these complaints with the 22-A petition.
View or Download Sample of 22-A Application/Petition.
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Open in new tab Jurisdiction Disputes:
- Immediate Action: Police must act immediately upon receiving information about an offence.
- Disputed Jurisdiction: If there is confusion about jurisdiction, officers must continue investigating until senior officers determine the correct jurisdiction.
- Transfer of Cases: Once jurisdiction is determined, the case may be transferred, and the original FIR cancelled.
In conclusion, an FIR is a vital document in the criminal justice process, initiating investigations for cognizable offences. The procedure for filing an FIR is straightforward but must be followed accurately to ensure legal validity and effectiveness.
FAQ
Can the police refuse to register an FIR?
- No, the police are obligated to register an FIR in Pakistan without delay or excuses. Non-registration can lead to disciplinary action against the concerned officer.
What can I do if my FIR is not registered?
- You can approach higher police officials, send a written complaint, file a complaint with the District Public Safety and Police Complaints Authority, or file a private complaint in court.
What are the consequences of filing a false FIR?
- Filing a false FIR or giving wrong information can result in prosecution under Section 182 of the Pakistan Penal Code, with penalties including imprisonment and fines.
What happens if there is a jurisdiction dispute between police stations?
- Police must continue investigating the case until senior officers determine the correct jurisdiction. The case may be transferred, and the original FIR canceled.
Why is an FIR important?
- An FIR sets the criminal justice process in motion, allowing the police to start their investigation. It is also a relevant fact admissible in court under the Qanoon-e-Shahadat Order 1984.
What should you avoid when filing an FIR?
- Avoid filing false complaints, exaggerating facts, making vague statements, and refusing to sign the FIR.
Can I get a copy of the FIR?
- Yes, it is your right to receive a free copy of the FIR from the police. you can also get copy of the FIR from District prosecutor office. District Prosecutor offices are usually situated in the courts.
Can FIRs be filed online in Pakistan?
- Yes, FIRs can be filed online through the official websites of provincial law enforcement agencies, making the process more convenient.
