An FIR is a written document that is filed by the police when you are a victim of a cognizable offence, i.e. an offence for which police can take action without prior court approval (a warrant).
Anyone who is either a victim of a crime, or has witnessed a crime or has information regarding a crime may file an FIR.
An FIR must be filed at the police station closest to the location of the crime. No police station can refuse filing of an FIR. Every police station has a jurisdictional area within which they may investigate offences and crimes committed.
A Zero FIR allows for any police station to register an FIR, regardless of their jurisdictional area. It is usually used for crimes such as murder and rape and other cognizable offences.
Initial action and investigation is conducted before it is transferred to the appropriate jurisdictional station as required. It is helpful for crimes that require immediate response as it allows for swifter action that is not bogged down by bureaucratic procedure as well as accounts for whether the police station under whose jurisdiction the crime was committed is not easily accessible.
An FIR has to be filed immediately and any delay in reporting must be justified. The police officer must provide a copy of the FIR at no cost.
In case of refusal to file FIR
The complainant can bring the refusal to the notice of the Assistant/Deputy Commissioner of Police or other higher officers Deputy Inspector General of Police or Inspector General of Police.
A private complaint can be filed before the court having jurisdiction. A complaint can be made to the State Human Rights Commission or the National Human Rights Commission.
Arrests
The manner of the arrest should not be casual and based on a mere allegation made against a person. The police are also obliged to issue a “notice of appearance” for any offence punishable with imprisonment up to seven years.
Rights of arrested person
The Person arrested is to be informed of his ground of arrest and right to bail.
The person arrested should not be made subject to any unreasonable restraint. The police officer making an arrest will not use more restraint than required for restricting him from escaping or eloping. If the arrest is without a warrant, then a special order for handcuffing is to be taken from the magistrate.
It is obligatory for the police officer making the arrest to inform a person nominated by that arrested person.
The arrested person can be examined by a medical practitioner. The report of such examination shall be furnished by the medical practitioner either to the arrested person or to the person nominated by that arrested person.
A police officer arresting a person other than in non-bailable offence is required to inform the person arrested about his right to bail, that the person arrested is entitled to bail and may arrange for sureties on his behalf.
