FIRs: Introduction and Registration Procedure

प्राथमिकियाँ: परिचय एवं पंजीकरण प्रक्रिया
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Full form of F.I.R.

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The abbreviation F.I.R. means First Information Report. This is the term used to describe a police report in our country. The abbreviation has acquired a life of its own and has become a word of daily use now. Eff Ai Aar. FIR. This (daily use of this word) is especially true in the circles in which you are moving these days, which is to say amongst lawyers, police, and judges. The word "report" is commonly used as short for "F.I.R."

An interesting thing is that the CrPC does not define what an FIR is anywhere through its length. Even the phrase "first information report" does not occur anywhere in the code (i.e. in the CrPC).

The FIR in 498a cases is not registered by the police immediately upon receipt of complaint. The opposite is true in 304b cases.


Procedure for registration of an F.I.R.

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The procedure for registration of an FIR is simple in the simplest case. A complainant, who is usually the victim (or one of the victims) of a crime approaches the police with news of occurrence of a crime either within the area of jurisdiction of the said police station or outside its area of jurisdiction. The police is required by law to either take a complaint from him / her in writing OR to note down his verbal description of the crime which has taken place. If the offence which is described by the complainant (regardless of whether it is true or false) constitutes one or more than one cognizable crimes then the police is required to register an FIR. This is usually done after taking approval of the same from the SHO / police post incharge. At other times the procedure is longer but here we are talking about the simplest case.

Cognizable crimes are that category of crimes upon whose news the police is authorised to initiate criminal proceedings without the permission of a court of law AND duty-bound to initiate such proceedings without waiting for an order from a court of law. These crimes include most crimes which are punishable with 3 or more years imprisonment under the Indian Penal Code or any other law. CrPC Section 154 [1][2][26] is the legal basis for compulsory registration of FIR upon receipt of complaint. It is reproduced hereunder—

CrPC Section 154 – Information in cognizable casesTop of Page  
( source: devgan.in)

1) Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf.

Provided that if the information is given by the woman against whom an offence under section 326A, section 326B, section 354, section 354A, section 354B, section 354C, section 354D, section 376, [1]section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB, section 376E or section 509 of the Indian Penal Code is alleged to have been committed or attempted, then such information shall be recorded, by a woman police officer or any woman officer;

Provided further that—
a) In the event that the person against whom an offence under section 354, section 354A, section 354B, section 354C, section 354D, section 376, [2]section 376A, section1 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB, section 376E or section 509 of the Indian Penal Code is alleged to have been committed or attempted, is temporarily or permanently mentally or physically disabled, then such information shall be recorded by a police officer, at the residence of the person seeking to report such offence or at a convenient place of such person’s choice, in the presence of an interpreter or a special educator, as the case may be;

b) The recording of such information shall be video graphed;

c) The police officer shall get the statement of the person recorded by a Judicial Magistrate under clause (a) of sub-section (5A) of section 164 as soon as possible.

2) A copy of the information as recorded under Sub-Section (1) shall be given forthwith, free of cost, to the informant.

3)Any person, aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in Sub-Section (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, in the manner provided by this Code, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence.

Footnotes to CrPC Section 154Top of Page  
( source: Ministry of Home Affairs, Government of India)

1) Certain words substituted by Section 11(i) of Criminal Law (Amendment) Act, 2018 (Act no. 22 of 2018) w.e.f. 11th August 2018
2) Certain words substituted by Section 11(ii) of Criminal Law (Amendment) Act, 2018 (Act no. 22 of 2018) w.e.f. 11th August 2018

The requirement to register an FIR immediately upon receipt of any complaint which discloses the commission of a cognizable offence has also been explained –in detail– in a Supreme Court Constitution Bench judgment in what is known as the Lalita Kumari case [3].

Receipt of every complaint is recorded in 3 registers which are kept in every police station. One is the daily diary and another is the register of complaints. There is also a third register called the register of FIRs. If an FIR is registered upon a complaint then this fact is recorded in all these 3 registers, being the daily diary, the register of complaints, and the register of FIRs. If an FIR is not registered upon any complaint then the record of the said complaint is entered into the first 2 of these 3 registers, being the daily diary and the register of complaints.

The concerned police station is required by law to provide a copy of the FIR to the complainant (ref. CrPC Section 154(1) above) free of cost.


Is it compulsory for the complainant to sign the FIR?

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According to the CrPC, any person who provides information to the police about a crime is obliged to sign the complaint (ref. CrPC Section 154(1) above) which he submits. He may either submit it in written form with his signature on every page, OR he may dictate it to any employee of the concerned police station –who is required to note it down or to type it as dictated– and put his signature on the resultant written complaint. He or she is liable to be imprisoned for up to 3 months in case of a refusal to do so. This provision is almost never enforced. At least this writer has never heard about such a thing happening.

In addition to this the complainant is required to sign his name at appropriate places in the register of complaints and the register of FIRs when he receives his copy of the FIR.



References:

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1)CrPC Section 154 - Information in cognizable cases | Devgan.in; devgan.in; Delhi; Undated; Retrieved on 08th May 2021

2)Section 154 in The Code Of Criminal Procedure, 1973; Indiankanoon.org; Delhi; Undated; Retrieved on 08th May 2021

3)Lalita Kumari vs. Govt. of Uttar Pradesh & Others on 12 November, 2013; Indiankanoon.org; Delhi; Undated; Retrieved on 08th May 2021

26)The Criminal Law (Amendment) Act, 2018 No. 22 OF 2018; www.mha.gov.in; Delhi; 11th August, 2018; Retrieved on 18th June 2025






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Published by Manish Udar

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Last updated on 04th July 2025