Filing FIR in Bangalore

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FIR Filing and What is FIR?

FIR, First Information Report (FIR) and how to submit it to a police station in the event of an incident like this. This is a written piece that follows a specific format. Introducing all the data about the criminal occasion as told by the complainant is planned. Not every criminal complaint is filed as a FIR.

FIRs are typically filed for cognizable offenses, which are crimes for which the perpetrator can be detained without a warrant by the police. This includes kidnapping, theft, rape, rioting, and assault.

If a police officer witnessed the offense or the court grants permission for it to be filed as an FIR, non-cognizable offenses like bigamy, adultery, and so on can sometimes be registered as FIRs. The victim, a witness, or anyone else with knowledge of the crime may file it.

Filing FIR?

Where can an FIR be filed at a police station?

After the offense, an FIR must be filed as soon as possible. A Sub-inspector or the station’s most senior police officer will typically record this. The complaint can be made in writing or verbally to file an FIR. In the case of oral complaints, the police officer will record the relevant information in the prescribed format, read it to the complainant, and have them sign it.

The FIR includes written complaints. It is essential to accurately report all aspects of the offense when filing an FIR. This is because each case can only have one FIR filed. As a result, there can only be one recorded version of the offense.

An FIR can be filed before the complaint or any medical reports are authenticated, as stated in the Karnataka Police Manual. The Station House Officer (SHO) cannot, under any circumstances, cancel or revoke the FIR once it has been filed.

The following details are recorded in an FIR, during filing FIR:

Hope for the best, but prepare for the worst, was a wise man’s advice. Anyone can feel helpless when they are the victim of a criminal offense, but the first thing you should do is file an FIR. Although it may appear to be a difficult process, submitting an FIR is actually quite simple. In the unfortunate event that you are required to file an FIR, the following points should be kept in mind:

  • The approximate time and date of the offense;
  • The time and date of the report
  • The location of the offense
  • The complainant’s and the accused’s personal information
  • The description of the offense
  • In the case of theft, a description of the property that was stolen
  • The section of the law that is applicable to the offense
  • The complainant’s signature The complainant is also provided with a free copy of the FIR.
FIR Filing

If the police refuse to register your FIR, what should you do?

The police may decline to file an FIR if the offense is non-cognizable. You can instead file a complaint in such instances. Refusing to file a FIR for a cognizable crime is a separate offense. In such instances, you can choose one of three options:

  • Make an appointment with the Superintendent of Police to register the FIR
  • Submit a complaint to the jurisdictional court
  • Submit a complaint to the Karnataka Lokayukta

What happens to an FIR once it has been recorded?

After an FIR has been registered, four copies are made of it. The others are sent to the Circle Inspector, Superintendent of Police, and magistrate with jurisdiction over the area, while one is kept at the police station.

  • The offense will be investigated by the police as soon as an FIR is filed.
  • In order to gather photographs, material evidence, and statements from witnesses, a team will be sent to the scene of the crime.
  • A magistrate must receive a report on the FIR within 60 days if the offense occurred within the previous seven years, or within 90 days if the offense occurred more than seven years ago.
  • It’s important to remember that lying in a report is illegal and punishable by law.

Why should an FIR be filed?

There are numerous uses for a FIR.

  • It provides the police with all relevant information and details about an incident.
  • It initiates criminal law because police are required to investigate FIRs.
  • In cases where insurance is involved, it provides evidence.
  • In the event of theft, it shields the complainant from any potential liabilities resulting from the misuse of their stolen property.
 
What distinguishes a police complaint from an FIR?

There are numerous distinctions between complaints and FIRs. The former can be filed for both cognizable and non-cognizable crimes, while the latter can only be registered for cognizable crimes.

Complaints can be addressed to a judicial magistrate, whereas FIRs have a predetermined format and must be filed at a police station. Most importantly, whereas a complaint does not require the police to investigate until they are directed to do so, filing an FIR compels them to do so.

What happens after filing FIR?

Once the FIR is filed, the plaintiff has the right to obtain a free copy of it instantly. A confession or complaint given to the police cannot be presented in court. This is carried out to stop them from abusing their position. The complainant may amend his or her statement in the FIR, but must explain why in court. Another stipulation is that no more than one FIR can be filed in a single case, regardless of the number of offences committed. This means that there can only be one offence.

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How a Criminal Lawyer help you to file FIR in Bangalore?

A criminal lawyer can assist you in filing an FIR (First Information Report) in Bangalore by guiding you through the process and providing legal advice on the information to be included in the report. They can also help you understand your legal rights and assist you in dealing with the police and other authorities. They can also represent you in court if the matter proceeds to trial. Consult us for better filing process.

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