Thursday, 22 December 2016
Meaning of Zero FIR and how its useful for womens.
What is FIR?
FIR stands for first information report. It is a document providing the basic information that a cognizable offense has been committed. We must know that FIR is not a conclusive proof that a person has committed an offense. FIR is the starting point of the investigation in a particular offense.
What is the law on FIR?
(1) Every information relating to the commission of a cognizable offense, 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 informants and every such information.
(2) A copy of the information as recorded under sub-section
(3) shall be given forthwith, free of cost, to the informant.
Is a police officer duty bound to lodge FIR in every case?
Meaning of Zero FIR
CrPC 154: Section 154 of the Criminal Procedure Code:
Information in cognizable cases
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, section 376A, section 376B, section 376C, 376D, 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—
in the event that the person against whom an offence under section 354, section 354A, section 354B, section 354C, section 354D, section 376, section 376A, section 376B, section 376C, section 376D, 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;
the recording of such information shall be video graphed;
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.
A copy of the information as recorded under Sub-Section (1) shall be given forthwith, free of cost, to the informant.
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.
In the case of Satvinder Kaur vs. State (Government of NCT Delhi), The complainant had appealed in the Supreme Court against the order of the High Court, where the High Court had quashed the FIR filed at Delhi Police Station by the complainant. The Supreme Court held that, Police can investigate the case, which does not fall under their jurisdiction.
Let us look at another case. In the case of Bimla Rawal and Ors. v State (NCT of Delhi) and Anr, FIR was lodged in Delhi, despite the fact that all incidents occurred in Mumbai. Writ Petition was filed in Supreme Court regarding the mala fide intentions of police succumbing under the pressure of opposite party. Supreme Court quashed the FIR filed at Delhi and ordered to file a fresh FIR in Mumbai. In this case the police misused the power of filing a Zero FIR at the behest of the opposite party.