Introduction

An FIR (First Information Report) is a critical legal document used in criminal proceedings. It serves as the first step in initiating a criminal investigation and is an essential part of the justice system, particularly in Pakistan. This report is lodged with the police and sets the foundation for further legal actions. Understanding the concept, importance, and procedure of filing an FIR in Pakistan is crucial for ensuring justice and protecting legal rights.

What Does FIR Stand For?

FIR stands for First Information Report. It is an official record of the first details regarding a cognizable offense, reported to the police station. The purpose of an FIR is to document the facts of an alleged crime and trigger an official investigation.

Cognizable Offence:

A cognizable offence is one in which the police may arrest a person without warrant. They are authorized to start investigation into a cognizable case on their own and do not require any orders from the court to do so.

Non-cognizable Offence:

A non-cognizable offence is an offence in which a police officer has no authority to arrest without warrant. The police cannot investigate such an offence without the court’s permission.

Importance of an FIR

An FIR is important because it formally initiates a criminal case. Without an FIR, the police cannot proceed with an investigation. Filing an FIR in Pakistan grants legal protection to the complainant and ensures that law enforcement agencies take necessary action against the offenders.

Who Can File an FIR?

Any person who has witnessed a crime, been a victim, or has credible knowledge about a cognizable offense can file an FIR in Pakistan. The complainant can approach the nearest police station, provide details, and request the recording of an FIR.

The police may not investigate a complaint even if you file an FIR, when:

• The case is not serious in nature;
• The police feel that there is not enough ground to investigate;
• The police resources are already over-committed in investigating more serious
  offences.
• However, the police must record the reasons for not conducting an investigation and in
  the latter case must inform the person. (Section 157 of the Code of Criminal Procedure, 1898).

How to File an FIR in Pakistan?

Filing an FIR involves the following steps:

1. Visit the nearest police station.
2. Provide essential details about the crime, including time, place, and individuals involved.
3. Ensure that the FIR is written clearly and accurately.
4. Obtain a copy of the FIR for future reference.

Legal Provisions Related to FIR

In Pakistan, the process of filing an FIR is governed by the Code of Criminal Procedure (CrPC). Section 154 of CrPC is explained briefly below:

Information in Cognizable Cases:

If cognizable offence has been committed;

• Information shall be given to concerned a SHO.
•  He should reduce the information in writing.
•  He may write it himself or may depute such duty to his subordinate.
• It shall be signed or thumb marked by the informant/complainant مدعی/مستغيث
• It shall be read over and explained to the informant.
•  This information shall be entered into a book (register) kept in Police station, commonly known as Register or Register of FIR.
•  The police officer cannot refuse to register the case of cognizable offence.
•  If the police officer refuses, the party may avail the remedy under Section 22 A/B CrPC (Justice of Peace).
•  FIR is a public document which shall remain in proper custody of a public servant and anyone can obtain copy of the FIR after adopting the prescribed procedure (on payment of usual charges for such purpose).
• FIR may be used to support the prosecution case or to be contradict the evidence of informant at the time of crime. So this document has importance for all parties to the case.
• FIR only sets the law into motion and it is not a substantive piece of evidence.
•  Such information may be communicated orally or in writing.
• FIR, or maybe lodged (registered) promptly or with delay.
• If it is delayed, delay shall be reasonably explained. Unexplained or inordinate delay makes the FIR doubtful. However, it cannot vitiate the right to register the FIR, which means no limitation period has been prescribed by law for reporting the crime to the police.
• FIR after preliminary investigation in cognizable offences is inadmissible.
• If such information has been provided by a woman who is victim of section 336B of PPC (hurt through corrosive material), section 354, 354A PPC (to outrage modesty of women), section 376 PPC (rape) and section 509 PPC (intimidation through sexual harassment), such information shall be recorded in presence of a female police officer or female family member of such victim or any other person with her consent. Such information shall be recorded at her residence or convenient place of her choice.

• Four copies shall be prepared as under;
• one shall be kept in the register
• one shall be sent to area magistrate
• one shall be annexed with the file of investigation
• one shall be handed over to the informant.

Note: Copy to the informant shall be provided free of cost.

Sketch of FIR:

• FIR number
• Police station
• Year
• District
• Date and time of occurrence.
• Date and time of information received by police.
• Particulars of the first informant
• Offences made out from such informant.
• Place of occurrence
• Distance between place of occurrence and police station along with the direction.
• Particulars of the person who recorded the FIR.
• Story (detail of facts)
• Police proceedings
• Signature of authorised officer along with the complainant.

Modes of Information:

Fard Bayan (فرد بیان):

If information has been provided orally out of the police station, it shall be reduced into writing. This document is known as “Fard Bayan”. It shall be converted into formal FIR.

• Istighasa (استغاثہ):
• If information has been provided in writing out of the police station, it is called as “Istighasa”. It shall be converted into formal FIR.
• If information has been provided in writing within the police station, it is also called as “Istighasa”. It shall be converted into formal FIR.

Information in non-cognizable offences:

According to Section 155 CrPC, if information relates to non cognizable offence, the police shall enter the substance of the information in the book kept in police station. Such information shall be referred to the magistrate. Police can only investigate the matter after permission (sanction) of the magistrate.

Note:

If the police discloses both kind of offences, procedure of cognizable offences shall apply.

Can an FIR Be Cancelled or Withdrawn?

An FIR can be quashed by the court under specific circumstances, such as lack of evidence or wrongful registration. However, once filed, an FIR cannot be withdrawn by the complainant without proper legal proceedings.

Conclusion

Understanding what an FIR is and its role in the legal system is crucial for protecting one’s rights. An FIR in Pakistan is the first step toward seeking justice, and knowing how to file one correctly ensures proper legal action against offenders. If an FIR is not registered, victims can approach higher authorities or the court for redressal.

This guide provides a clear overview of FIR Pakistan, its significance, and legal aspects. Awareness about FIR full form, its process, and implications can help individuals effectively navigate the justice system.

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