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“Being aware and vigilant is the first step towards protecting yourself.”
What is a First Information Report (FIR)?
First Information Report (FIR) is a written document prepared by the police when they receive information about the commission of a cognizable offence. It is a report of information that reaches the police first in point of time and that is why it is called the First Information Report.
Cognizable Offence:
A cognizable offence is one in which the police may arrest a person without warrant. They are authorized to start investigation into a cognizable case on their own and do not require any orders from the court to do so.
Non-cognizable Offence:
A non-cognizable offence is an offence in which a police officer has no authority to arrest without warrant. The police cannot investigate such an offence without the court’s permission. It is generally a complaint lodged with the police by the victim of a cognizable offence or by someone on his/her behalf. Anyone can report the commission of a cognizable offence either orally or in writing to the police. It is a duty of police to register FIR without any delay or excuses. Non-registration of FIR is an offence and can be a ground for disciplinary action against the concerned police officer. 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 start investigation of the case.
A certified copy of the FIR, signed by an officer bearing the stamp of the police station, is to be provided to the person who reports the crime. No police officer has the authority to refuse registration of a case. In case a crime is reported and a case is not registered, the person who reports the crime must inform the Sub-Divisional Police Officer or the Superintendent of Police or the District Police Officer responsible for law and order in that particular area.
Who can lodge an FIR?
Anyone who knows about the commission of a cognizable offence can file an FIR. It is not necessary that only the victim of the crime should file an FIR. A police officer that comes to know about a cognizable offence can file an FIR himself/herself. You can file an FIR if:
You are the person against whom the offence has been committed.
You know yourself about an offence, which has been committed.
You have seen the offence being committed.
How to Register an FIR (First Information Report) in Pakistan?
Section 154 of the Code of the Criminal Procedure, 1898 explains the process of filing an FIR in Pakistan in detail.
When information about the commission of a cognizable offence is given orally, the police must write it down.
It is your right as a person giving information or making a complaint to demand that the information recorded by the police is read over to you.
Once the police have recorded the information in the FIR Register, the person giving the information must sign it.
You should sign the report only after verifying that the information recorded by the police is as per the details given by you.
People who cannot read or write must put their left thumb impression on the document after being satisfied that it is a correct record.
Always ask for a copy of the FIR, if the police do not give it to you.
It is your right to get a copy of FIR free of cost.
What are the key essentials to-be mentioned in the FIR?
Your name and address;
Date, Time and Location of the incident you are reporting;
The true facts of the incident as they occurred, including the use of weapons, if any;
Names and description of the persons involved in the incident;
Names and addresses of witnesses, if any.
What can you do if your FIR is not registered?
You can meet the District Police Officer (DPO) or Capital City Police Officer (CCPO) or other higher officers like Deputy Inspector General (DIG) of police and Provincial Police Officer (PPO) and bring your complaint to their notice.
You can send your complaint in writing and by post to the DPO, CCPO, DIG or PPO concerned. If the DPO, CCPO, DIG or PPO is satisfied with your complaint, he shall order the registration of FIR.
You can file a complaint to the District Public Safety and Police Complaints Authority in your district.
You can file a private complaint before the court having jurisdiction.
What you mustn’t do while filing an FIR?
Never file a false complaint or give wrong information to the police. You can be prosecuted under law for giving wrong information or for misleading the police (Section 182 of the Pakistan Penal Code, 1860).
Never exaggerate or distort facts.
Never make vague or unclear statements.
One who refuses to sign his statement of FIR can be prosecuted under section 180 of Pakistan Penal Code, 1860.
One who lodges a false charge of offence made with intent to injure a person can be prosecuted under section 211 of Pakistan Penal Code, 1860.
What can you do if your FIR is not registered?
You can meet the District Police Officer (DPO) or Capital City Police Officer (CCPO) or other higher officers like Deputy Inspector General (DIG) of police and Provincial Police Officer (PPO) and bring your complaint to their notice.
You can send your complaint in writing and by post to the DPO, CCPO, DIG or PPO concerned. If the DPO, CCPO, DIG or PPO is satisfied with your complaint, he shall order the registration of FIR.
You can file a complaint to the District Public Safety and Police Complaints Authority in your district.
You can file a private complaint before the court having jurisdiction.
What happens if a false case is registered?
Section 182 of the Pakistan Penal Code provides for a maximum penalty of six months in prison or fine or both in case a person deliberately has a false case registered. The section is however non-cognizable, i.e. the police cannot automatically register a case under section 182. A court has to order police to proceed against a person under section 182; in case a complaint has been brought to the court by the police or another person.