What is F.I.R : What you can do if Police don’t register your F.I.R?

What is F.I.R?

First Information Report (FIR) is a written document prepared by the police when they receive information about the commission of a cognizable offence under section 154 of Criminal Procedure Code, 1898. FIR is an essential document that acts as the initial record of information received by the police concerning a cognizable offense. It is generally filed by the victim or someone representing them, serving as a formal complaint to the authorities. Importantly, any individual can report the occurrence of a cognizable offense, whether orally or in writing, and even a phone call can be accepted as a valid FIR. This ensures that all reports are taken seriously and documented appropriately for further investigation.

Cognizable offence: A cognizable offence allows police to arrest a suspect without a warrant and to initiate independent investigations without court orders. These offences typically involve serious crimes that threaten public peace, such as theft, violence, and murder.

Case Law:

A significant case related to the First Information Report (F.I.R) is the State v. Abdul Ghaffar (2016). In this case, the Supreme Court emphasized the importance of filing an F.I.R in a timely manner and stated that an FIR is a crucial document that initiates the criminal justice process. The Court highlighted that any delay in filing the FIR could affect the investigation and the prosecution of the accused.

Additionally, the case of Maqsood Ahmed v. State (2007) addressed the validity of an F.I.R filed based on a telephonic complaint. The court ruled that such a complaint could be treated as a valid F.I.R, reinforcing the principle that any form of communication regarding a cognizable offense must be taken seriously by law enforcement.

The above two stated case law underline the legal significance of the F.I.R in Pakistan and the necessity for police to act promptly upon receiving information about a cognizable offense.

Further, it is a duty of police to register FIR without any delay or excuses. Non-registration of FIR is an offence and can be a ground for disciplinary action against the concerned police officer.

Classification of First Information Reports (FIR) in Pakistan:

When the police receive information about an offense, they must promptly investigate and submit a report under Section 173 to the magistrate within 14 days. FIRs are classified into three categories:

• A Class F.I.R:

This indicates a true case where the accused are untraced. It applies when there are no clues about the culprits, or if the accused is known but lacks sufficient evidence for prosecution. The magistrate can dispose of these cases until the accused are arrested.

• B Class F.I.R:

This pertains to maliciously false cases, where there is no prima facie evidence against the accused. A ‘B’ Class report may lead to the accused’s acquittal, and the magistrate can direct the police to initiate proceedings under Section 182 of the Pakistan Penal Code (PPC) against the complainant for filing a false FIR.

• C Class F.I.R:

This involves non-cognizable offenses, typically filed due to a misunderstanding or civil matters. The police issue a ‘C’ Class summary report, and if evidence of a non-cognizable offense exists, the magistrate may instruct the police to submit a report under Section 155 of the Criminal Procedure Code (Cr.P.C).

Key Points to Remember Regarding F.I.R

1. Who Can Report: Anyone with knowledge of a cognizable offence can file an FIR; it is not limited to the victim. This includes:

• The victim of the crime.
• A person who is aware of the offence.
• A witness to the offence.
• A police officer who learns of a cognizable offence can file an FIR.
• However, the police may choose not to investigate a complaint even if an FIR is filed if:
• The case is not serious in nature.
• There is insufficient ground for an investigation.
• Police resources are over-committed with more serious offences.
• In such cases, the police must record their reasons for not investigating and inform the complainant (Section 157 of the Code of Criminal Procedure, 1898).

2. Telephonic Reports: FIRs can be filed based on telephonic messages, not just written statements.
3. Oral FIRs: Contrary to common belief, FIRs can be made orally as well.
4. Immediate Registration: Police are required to register an FIR without delay. Failure to do so without valid reasons can lead to disciplinary action against the officer.
5. Timeliness: FIRs should be filed as soon as possible; delays can cast doubt on the victim’s credibility.
6. False Complaints: Filing a false FIR or providing misleading information can lead to prosecution under Section 182 of the Pakistan Penal Code, 1860.
7. Accuracy of Facts: FIRs must present clear and accurate facts, avoiding exaggeration or distortion.
8. Admissibility in Court: An FIR is a signed document and is admissible as evidence in court.
9. Prosecution for False FIRs: Anyone lodging a false FIR with the intent to harm someone’s reputation can be prosecuted under Section 211 of the Pakistan Penal Code, 1860.

How to File an F.I.R in Pakistan: The Procedure

The procedure for filing an FIR is outlined in Section 154 of the Code of Criminal Procedure, 1898.

Step 1:

If the informant reports a cognizable offence orally, the police are required to document this information. Alternatively, the informant can also submit the FIR in writing.

Step 2:

The informant has the right to have the recorded information read back to them by the police. It is the police’s duty to ensure that the informant confirms the accuracy of the details.

Step 3:

After the police have entered the information into the FIR Register, the informant must sign it. The informant should only sign after verifying that the details recorded by the police accurately reflect what they provided. If the informant is unable to read or write, they should indicate their acknowledgment by placing their left thumb impression on the FIR.

Step 4:

The police are required to provide the informant with a copy of the FIR at no charge.

Importance of FIR:

The First Information Report (FIR) is a crucial document that initiates the criminal justice process. The police begin their investigation only after the FIR is registered at the police station. Additionally, under Articles 21, 22, 23, 25, 49, and 50 of the Qanoon-e-Shahadat Order 1984, the FIR is recognized as a relevant fact in legal proceedings.

What To Do If Police Delays or Refuses Registration of FIR

In Pakistan, it is not uncommon for individuals to face challenges when trying to register a First Information Report (FIR) with the police. An FIR is a crucial document that initiates the criminal justice process, and it is the responsibility of the police to register it promptly. However, there are instances when police officers may delay or refuse to register an FIR, leaving victims frustrated and without recourse. This article outlines the steps you can take if you encounter such a situation.

Understanding the Duty of the Police

According to Section 154 of the Code of Criminal Procedure (CrPC), when someone informs the police about a cognizable offence, the officer in charge of the police station (the Station House Officer or SHO) is legally required to register an FIR. This applies whether the information comes from the victim or someone acting on their behalf. The police have no discretion to refuse registration unless the alleged crime occurred outside their jurisdiction.

Importance of Timely Registration

Filing an FIR promptly is essential for several reasons. First, it helps preserve evidence and witness statements, which can be crucial for the investigation. Second, delays can raise doubts about the validity of the complaint, allowing perpetrators to evade justice. Therefore, it is vital to ensure that the FIR is registered without unnecessary delay.

Steps to Take If the Police Refuses to Register Your FIR

If you find yourself in a situation where the police officer refuses to register your FIR, you can take the following steps:

1. Speak to a Superior Officer

If the police officer at the station is uncooperative, the first step is to approach a higher-ranking officer, such as the Sub-Divisional Police Officer (SDPO) or the Superintendent of Police (SP). Explain your situation and ask them to intervene. It is essential to document your interactions with the police and keep a record of any complaints made.

2. File a Written Application

If the officer continues to refuse registration, you can draft a written application outlining the details of the incident. Submit this application to the police station, ensuring that you keep a copy for your records. While this may not be a formal FIR, it serves as a record of your complaint.

3. Approach the Justice of the Peace

If the issue persists and your FIR is still not registered, you can escalate the matter by filing a petition under Sections 22-A and 22-B of the Cr.PC before an ex-officio Justice of the Peace, typically a Sessions or Additional Sessions Judge. These sections empower the Justice of the Peace to direct the police to register an FIR if they find that the police have failed in their duties.

4. File a Direct Complaint with a Magistrate

Alternatively, you have the option to file a private complaint directly with a Judicial Magistrate under Section 200 of the CrPC. The magistrate can take cognizance of your complaint and order an investigation into the matter. If the police officer failed to register your FIR, the magistrate can summon them to explain their actions.

5. Seek Legal Assistance

If you continue to face challenges, it may be helpful to consult with a lawyer who can guide you through the legal process. They can assist in drafting applications, navigating the court system, and ensuring your rights are protected. You can also contact our professional team of lawyers to file a petition in the Session Court regarding registration of your FIR at https://wa.me/+923216065100

6. File a Writ Petition in the High Court

If all else fails, you can file a writ petition in the High Court under Article 199 of the Constitution of Pakistan. This legal route seeks a direction from the High Court to the police to register your FIR and investigate your case. If the court finds that your rights have been violated, it can issue appropriate orders.

7. Contact Human Rights Organizations

If you believe your human rights have been infringed, consider reaching out to the National Commission for Human Rights (NCHR) or the Provincial Ombudsman. These bodies can investigate your complaint and recommend action against the police officer involved.

Responsibilities of the Complainant

As a complainant, you also have specific responsibilities to ensure the FIR is effective:

• Act Quickly: File your FIR as soon as possible after the crime occurs to prevent issues related to delay.
• Provide Accurate Information: Ensure that all details provided in the FIR are accurate and complete. Avoid exaggerating or omitting facts.
• Cooperate with the Police: Be available to assist the police during their investigation. Provide them with any evidence or witnesses you may have.
• Follow Up: Stay in touch with the police regarding the progress of your case. If you notice any irregularities, report them to their superiors.
• Appear in Court: If called upon, be prepared to testify in court. Your cooperation is crucial for the prosecution of the case.

Conclusion

Experiencing delays or refusals in registering an FIR can be incredibly frustrating and disheartening. However, it is important to know that you have rights and legal remedies available to you. The police are mandated to register FIRs, and if they fail to do so, there are several steps you can take to ensure your complaint is heard and acted upon. By following the outlined procedures and remaining persistent, you can navigate the system and seek justice for yourself or others affected by crime. Remember, filing an FIR is a vital step in the quest for justice, and you should not hesitate to assert your rights.

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