In case any crime such as theft, robbery, fraud, domestic abuse, and cyber-crime has taken place, then the first step towards justice would be registering a First Information Report (FIR). The FIR will inform the police about the cognizable offense committed and thus will make them take necessary legal action.
Filing an FIR is made mandatory by the Bharatiya Nagarik Suraksha Sanhita Act of 2023 (BNSS) replacing the Code of Criminal Procedure of 1973. It is important for crime victims to have knowledge about how to register an FIR in Bangalore for their own protection and for making police act in accordance with the law.
If your situation is urgent, it’s worth speaking with a criminal lawyer in Bangalore directly rather than navigating it alone.
What Is an FIR?
A First Information Report (FIR) is the police’s initial report which is prepared when the police are informed about a cognizable offence. Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 directs that any information revealing the commission of a cognizable offence – whether it is given orally, in writing or through electronic means – must be recorded by the police irrespective of where the offence is committed.
The purpose of FIR is:
- To initiate the process of the criminal justice system.
- To enable the police to conduct an investigation.
- To create the first record of the commission of the offence.
FIR is usually lodged in respect to serious offences like murder, rape, kidnapping, robbery, theft, cheating, etc however it can be lodged for any cognizable offence ( in cases of non-cognizable offences you can inform the police however registration of FIR is not manadatory). It is important to note that filing of FIR does not imply that the person charged is guilty; it only means that the investigation has been set in motion.
Read our blog on What Is FIR for a detailed understanding.
When Should You File an FIR?
1. In Case of a Cognizable Offence
When it comes to cognizable offences, one must file an FIR immediately after it has been committed or has come to notice. Such offences comprise those in relation to which the police can report the FIR and carry out investigations without seeking the permission of the Magistrate.
It was observed in Lalita Kumari v. Government of Uttar Pradesh (2014) 2 SCC 1 by the Supreme Court that very registration of an FIR becomes mandatory whenever the information received points to any cognizable offence.
2. In the case of crimes like theft, assault, etc.,
The victims need to report the crimes to the police at the earliest so that the police can secure the evidence, find witnesses, retrieve the property, and conduct effective investigations.
An FIR can also be registered in the absence of any details regarding the identity of the accused.
3. In Case of Cybercrime or Online Fraud
If someone has fallen prey to UPI fraud, Internet banking scam, phishing, identity theft, hacking, or any fraud through a social media app, he or she must report the matter to the nearest police station without delay. Cyber offences can also be reported on the National Cyber Crime Reporting Portal or through the cybercrime helpline – 1930.
Contact Us, if you are someone looking for help and cyber crime lawyers in Bangalore.
How to File an FIR in Bangalore: Step-by-Step Process
Step 1: Approach the Right Police Station
If possible, go to the police station that has the territorial jurisdiction over the area where the offence was committed. However, if the jurisdiction is in doubt, approach the nearest police station and then file a Zero FIR and transfer the case to the right police station later.
Step 2: Provide Details of the Offence
Describe the incident clearly, including the date, time and place it happened, the name of the people involved (if known), and the order or sequence of events. The facts provided must be accurate and exact.
Step 3: Submit the Complaint
The complaint can be lodged orally or in writing. If it is lodged orally, then the officer is to write it down and get it read back to the complainant before he signs it.
Step 4: FIR is Registered by the Police
When the facts given disclose a cognizable offence, the police should register it under Section 173 of the BNSS, provide it with a number, and start the investigation.
Step 5: Get a Copy of FIR
After lodging of the FIR, the complainant can get a copy of the FIR free of cost. It can help in tracking the investigation of the case and also serve as an evidence.
What Information Should You Include While Filing an FIR?
To facilitate proper investigation one must include in their FIR :
- The Complainant’s Details – Their complete name, their address, and details to communicate with them.
- Date, Time, and Place of the Incident – It refers to the correct or estimated details about what happened, when it happened, and where it happened.
- Description of the Incident – It refers to a clear historical outline of what happened and how much loss or injury was inflicted.
- Details of the Accused, if Known – It means the names, addresses, and other characteristics that can help identify the accused.
- Supporting Documents and Evidence – Anyone confirming the complaint should provide extra documents like pictures, CCTV footage, medical records, bank records, screenshots, emails, and information supporting his/her complaint.
In such a way, the investigator can start their investigation timely and carry out effective work.
Can You File an FIR Online in Bangalore?
Yes. There are online portals for filing a report for some offences or grievance redressal by the Karnataka Police. Cyber victims can also file complaints using the National Cyber Crime Reporting Portal or the cybercrime helpline number 1930.
It is very important to make a distinction between an online complaint and an FIR. The online complaint is just indicative in nature. If there are elements to show that a cognizable offence has been committed, then the FIR should be filed within 3 days from the date of occurrence of the offence under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Can You File an FIR at Any Police Station?
Usually, an FIR needs to be lodged at the police station that has territorial jurisdiction over the occurrence of the crime. However, if the FIR is lodged at a police station that lacks the requisite jurisdiction, it would be of no consequence to the victim.
Taking into account the Zero FIR concept, any police station can receive the FIR and register it for cognizable offences irrespective of the lack of jurisdiction. The FIR, thereafter, is sent to the police station with appropriate jurisdiction. The Zero FIR is especially significant in emergency cases like sexual offences, homicides, kidnappings, etc.
What to Do If the Police Refuse to Register an FIR?
The registering of the FIR is imperative in cases where information provided reveals the occurrence of a cognizable offence. As stated by the Supreme Court in the case of Lalita Kumari v. Government of Uttar Pradesh (2014) 2 SCC 1, the failure of the police officer to register the complaint provides the following remedies to the aggrieved party:
Ask for Explanation for Refusal
You should ask the Station House Officer to explain the reason for refusal to register the FIR. In some cases, the police would require additional information or documents before registering the FIR.
Approach Senior Police Officials
If the refusal continues, you should make a complaint in writing to the Superintendent of Police under section 173(4) of the BNSS. If the SP is satisfied that the information reveals the occurrence of a cognizable offence, the officer would direct the registration of the FIR and investigation thereof.
This was merely a few legal remedies available at the disposal of people aggrieved by the police failure to register an FIR.
What Takes Place Once an FIR Has Been Registered?
The initiation of the criminal investigation is denoted by the registration of the FIR.
1. Police Investigations
The investigation officer visits the site of the crime and collects evidence and information.
2. Evidence Collection
The law enforcement agency collects various forms of evidence including documentary, electronic, forensic, and physical evidence related to the crime. In many cases there may also be a need to analyze the CCTV footage, medical reports, and digital documents.
3. Statements Recording
It is necessary to record the statements of the complainant as well as the witnesses and others concerned in order to lay down the facts of the case.
4. Arrest Only When Required
The law enforcement agency may carry out the arrest, if it is duly justified by law and is required in the matter, under the BNSS.
Refer our guide for a better understanding on how to get bail in Bangalore
Is it Possible to Cancel or Quash an FIR?
Ordinarily, an FIR cannot be simply withdrawn on the basis of change of heart of the complainant. However, there exist certain legal mechanisms through which criminal proceedings can be brought to a close.
If, after investigation, the status of the police is that no offence has been committed or insufficient evidence exists, a closure report may be filed by them. The closure report is submitted to the Magistrate who will either accept or reject it.
Besides, the High Court also has the power to quash the FIR using the inherent powers of court under Section 528 of the BNSS in situations where no offence is disclosed in the allegation, or proceedings are abuse of the process of law or the case has already been settled lawfully.
At What Time Should You Consult a Criminal Lawyer?
Even though making a First Information Report (FIR) is a simple legal procedure, in some cases you may need the services of a criminal lawyer, such as:
- If the police refuse to take your FIR.
- If you are falsely accused in a criminal case.
- If the case relates to serious offences or complicated legal issues.
- If you need anticipatory or regular bail.
- If you need to challenge or quash your FIR in High Court.
- If the investigation is not being done properly or is delayed.
A criminal advocates in Bangalore gives you advice about your legal rights, appears before police and courts on your behalf and makes sure that investigation is done in accordance with law.
Conclusion
The first and most significant step toward criminal proceedings in a cognizable offense is lodging an FIR. Do not delay reporting a crime, and provide all relevant information and any evidence in your possession.
BNSS, 2023, provides for further justification for FIR registration and imposes the duty on the police to register cognizable offenses. If your FIR is not registered by the police, you can seek help from different higher authorities to get your FIR registered.
In case of any need for legal help in filing an FIR, responding to any criminal investigation, getting a bail, or protecting your rights, you can simply contact a good criminal lawyers to get matters done.
Frequently Asked Questions About Filing an FIR in Bangalore
1. Can I file an FIR online in Bangalore?
Yes. Some complaints can be lodged online through the National Cybercrime Reporting Portal or the Karnataka Police portal. If there is evidence of a cognizable offense in the complaint, then FIR must be registered by the police.
2. Can I file an FIR at any police station?
Yes. A Zero FIR can be filed at any police station and then transferred to the police station which has jurisdiction in the area.
3. Can the police refuse to file an FIR?
The answer to that is in the negative, since the Supreme Court has mandated the registration of FIR in cases of cognizable offenses as compulsory.
4. What should I do if my FIR does not get registered?
In the event of refusal, you may approach the Superintendent of Police under Section 173(4) of the BNSS or may also approach the appropriate Magistrate for directions.
5. What will happen after registration of the FIR?
The police undertake an investigation by collecting the evidence of crime, recording statements, etc.
6. Can the FIR be quashed?
An FIR may be quashed if the High Court deems it fit under the special powers of high court provided in Section 528 of the BNSS.
7. Can I get bail after an FIR is filed?
Yes, however getting a bail largely depends on the nature of offence alleged and related circumstances.
