Filing an FIR : Dos and Don'ts

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Details to give when filing an FIR: If you are a victim or witness of a crime give clear descriptions of all that you experienced, saw or remember. If you are filing an FIR for a crime that you have second hand knowledge of, then report exactly what you were told or what you heard. Information should never be exaggerated or false. Important details to include are the date, time, location and a description of the culprits or people involved. The sequence of events that occurred and details of what each person did or said.

What to do when the police refuse to file FIR:

If you are reporting a cognisable crime and the police refuse to register your FIR, you can make a complaint to a higher ranking officer such as the Superintendent of Police (SP), the Deputy Inspector General (DIG) or the Inspector General of Police (IGP).

You can also complain to the nearest judicial magistrate, who will order the police to register the FIR if deemed necessary. Ensure that you get a receipt of your complaint being registered.

You can also…

  • Send your complaint in writing to the Superintendent of Police (SP) by registered post
  • Make a written complaint to the concerned State Human Rights Commission or the National Human Rights Commission that the police are not doing their duty of enforcing the law or that they are being negligent, biased or corrupt.

Things you must not do:

  • 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 203, Indian Penal Code 1860]
  • Never exaggerate or distort facts.
  • Never make vague or unclear statements.

Courtesy: Jaago Re.com

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