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Simply put, the FIR is the First Information Report. The FIR is a document prepared by the Indian Police. It is prepared when the police receive information about the commission of a cognizable offence. In simple words, it is a complaint lodged with the police by the victim of a cognizable offence or by someone on his or her behalf, but anyone can make such a report either orally or in writing to the police.
New Delhi
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Jharkhand
If there is a delay in filing an FIR, and the delay is unreasonable and unexplained, it could raise suspicion or introduce a fabricated story by the prosecutor. It is the prosecutor's duty to explain the late filing of the FIR. If well explained, it loses its evidentiary value. However, a mere delay in filing an FIR is not fatal to the prosecution.
A First Information Report (FIR) is a written document prepared by the police when they receive information about the commission of a cognizable offense. It is a first step in initiating a criminal investigation.
An FIR can be filed by any person who has information about the commission of a cognizable offense. It can be filed by the victim, witness, or any other person with knowledge of the crime.
An FIR should include the details of the offense, including the time, place, and circumstances under which it was committed. It should also include the names and descriptions of the accused and any known witnesses.
No, it is not necessary to file an FIR in every case. An FIR is only required in cases of cognizable offenses, which are crimes that are serious in nature and where the police have the authority to make an arrest without a warrant.
An FIR can be withdrawn under certain circumstances, such as if the complaint was filed with malicious intent or if the parties involved have settled the matter out of court. However, the withdrawal of an FIR is ultimately up to the discretion of the court.
An FIR is considered a public document and can be accessed by anyone upon request. However, the names of the victim and witnesses may be withheld to protect their identities.
After an FIR is filed, the police will begin an investigation and may arrest the accused if there is enough evidence. The case will then proceed through the criminal justice system, including the filing of charges, trial, and sentencing.