Process for lodging FIR

FIR is an information provided to the police officer for investigating an alleged commission of cognizable offence. Such information is provided under Section 156 of the Criminal Procedure Code and the Police is bound to adduce the same in writing. In simple layman words a cognizable offence means an offence wherein the Police can start investigation without the permission of the magistrate concerned.

So, in case you have information of commission of an offence, visit nearest police station and report the matter to police. As per law, the police is duty bound to register the same and also give a copy of such FIR to you. So, when you leave after registration of FIR, don’t forget to carry the copy of same.

What if the police doesn’t register FIR:

  • You can approach the higher police officers who can pass on such direction to the officer concerned to do the needful. The Police can not refuse registration of the same. Hon’ble Supreme Court in a matter titled as Lalita Kumari versus State of U.P. held that the police has no other option but to register the same. Download copy of judgment here.
  • File a complaint before the concerned Ilaqa Magistrate under Section 156(3) and pray for registration of FIR. Magistrate can direct the registration of the same or can register the same as a private criminal complaint.

What if the Police refuses to register the FIR on the pretext that the offence doesn’t fall within their territorial jurisdiction:

  • The Police is yet bound to register the same and thereafter forward the same to concerned police station. Such FIR is called as Zero FIR. As per the directions; the police has to register the FIR whereever the commission of cognizable offence is disclosed to the Police. An advisory by Union Home Ministry to all the States regarding registration of FIR can be downloaded here.

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Section 156 Cr.P.C.:Police officer’s power to investigate cognizable cases

  1. Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII.
  2. No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate.
  3. Any Magistrate empowered under section 190 may order such an investigation as above-mentioned.