8 (b) How can we ensure that First Information Report (FIR) is - TopicsExpress



          

8 (b) How can we ensure that First Information Report (FIR) is made to function as an effective instrument of Criminal justice delivery system to the citizens? [5 marks, 100 words] An FIR is a written document prepared by the Police when they receive information about the commission of a cognizable offence. It is called FIR, because, the report is prepared on the basis of information reaches the police, first in point of time. It is generally a complaint lodged with the police by the victim of a cognizable offence or someone on his behalf. Even a police officer who comes to know about a cognizable offence can file an FIR himself. information about the commission of a cognizable offence can be communicated to the police orally, or in writing. According to the Supreme Court registration of FIR is mandatory under section 154 of the Criminal Procedure Code, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation (before filing FIR). Refusal to register an FIR will lead to prison term for policemen. An FIR is a very important document as it sets the process of criminal justice in motion. It is only after the FIR is registered in the police station that the police takes up investigation of the case. There is a concept of “zero FIR”. It means that an FIR can be filed in any police station, irrespective of place of incidence or jurisdiction. The same can be transferred to appropriate police station. But there is a perception among the public that the police are reluctant to register an FIR. The major reasons are: (1) It increases the workload of the police as registration of an FIR makes it mandatory to investigate the case and the police are short of manpower. (2) The performance rating of a police station is measured on the basis of the number of FIRs registered in that station and the resolution of the cases. (3) Political and Official interference in the normal working of the police. (4) Allegation of corruption among policemen and other parochial factors like caste and religion influencing the working of the police.
Posted on: Wed, 15 Oct 2014 07:35:02 +0000

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