How to File an FIR in India? (Legal FAQs)

What is an FIR?

    An FIR (First Information Report) is a formal complaint registered by the police when an offense is committed. It sets the process of criminal investigation in motion.

Who can file an FIR?

   Any person who has knowledge of a cognizable offense (victim, witness, or even a third party) can file an FIR.

Where can an FIR be filed?

   An FIR should be filed at the police station under whose jurisdiction the crime has occurred. However, zero FIR can be filed at any police station, which will later be transferred to the appropriate jurisdiction.

What are the essential details required in an FIR?

👉 Name and address of the complainant

👉 Date, time, and location of the incident

👉 Description of the incident

👉 Details of the accused (if known)

👉 Witness details (if any)

What is the procedure for filing an FIR?

Visit the nearest police station.

Provide all necessary details of the crime.

The police officer will record the information in written format.

The complainant must read and verify the details.

The complainant signs the document.

A copy of the FIR is provided to the complainant free of charge.

Can the police refuse to file an FIR?

    No, if a cognizable offense has been committed, the police cannot refuse to file an FIR. If they do, a complaint can be filed with higher authorities or the magistrate.

What is a Cognizable and Non-Cognizable Offense? 

👉 Cognizable Offense: Serious crimes like murder, rape, theft, etc., where police can investigate and arrest without prior approval from the court.

👉 Non-Cognizable Offense: Lesser offenses like defamation, cheating, etc., where police require court permission to investigate.

What is a Zero FIR?

   A Zero FIR is an FIR registered at any police station, regardless of jurisdiction, and later transferred to the appropriate station for investigation.

Can an FIR be filed online?

   Yes, in some states, FIRs for certain categories of crimes (like lost documents, cybercrime, etc.) can be filed online through the police department’s official website.

Can an FIR be withdrawn?

 Once registered, an FIR cannot be withdrawn by the complainant. However, they can approach the High Court or Supreme Court under Section 482 of CrPC to seek quashing of the FIR.

What happens after an FIR is registered?

👉 The police begin an investigation.

👉 Statements of witnesses and evidence are collected.

👉 If required, arrests may be made.

👉 A charge sheet is filed in court after the investigation.

What if the police do not act on the FIR?

 If the police fail to act, the complainant can approach: Superintendent of Police Magistrate under Section 156(3) of CrPC High Court under a writ petition. 

Can a false FIR be challenged?

   Yes, if an FIR is falsely filed, the accused can seek quashing of the FIR under Section 482 of CrPC in the High Court.

What are the penalties for filing a false FIR?

 Filing a false FIR is punishable under Section 182 of the IPC, with imprisonment up to six months or a fine.

Is an FIR required for all crimes?

No, an FIR is required only for cognizable offenses. Non-cognizable offenses require prior approval from a magistrate before the police can proceed with an investigation.