Mode of Complaint to the Police - written or oral
There is a duty officer at in most of the Police Post for recording F.I.R. The complainant who visits the Police Station to lodge Report may bring a Written Complaint and present the same to the Station House Officer (SHO) or Additional SHO. The SHO would assign the complaint to the Duty officer or to some other police officer for recording of FIR. In case the informant wants to make a statement about the offence, it is required to be recorded in the FIR Book. The information would narrate to the Police the true version in own words.
Points to be remembered in preparing a complaint.
- Narrate basic information about you and your contact details.
- Circumstances under which the incident happened.
- Date, time, place and persons involved in the incident
- Write complete details about the incident so that Police
Officer can investigate it properly
Registering FIR
In many cases the information regarding the incident may not
amount to First Information Report. It depends on facts and
circumstances of each case as to whether the information that
was first communicated to the police would amount to FIR or not.
In many cases the information provided by the eye witness would
be treated as FIR. A message or communication to be qualified as
to be a First Information Report, there must be something in the
nature of a complaint or accusation or at least some information
of the crime given with the object of setting the police or
criminal law into motion.
It is not necessary to include in FIR minutest details as to how the offence had taken place or it is not required to contain the names of the offenders or the witnesses. But it must at least contain some information about the crime committed as also some information about the manner in which the offence has been committed. A mysterious message recording an occurrence cannot be termed as an FIR.
Information about the crime or wrongful act must be given to
police without delay. Prompt lodging of First Information Report
rules out possibility of false implication of the accused or any
kind of deliberations or concoction of story or afterthoughts on
any aspect of the matter. Contrary to it, unexplained or
unjustified delay may adversely affect the case. The reason is
that delay in lodging report raises possibility of
deliberations, manipulations, falsehood, additions or
substitutions of facts or even that of culprit.
In many cases it is not is that delay in registering FIR has
been argued as a ground for denying rights of the complainant or
favoring accused for acquittal. In cases like insurance claim
against theft of vehicle or article, delay in filing First
Information Report is being shown as a ground to question
genuiness of the complaint and to deny claim. So it is better to
register the FIR without delay. If the aggrieved person is not
able to register FIR immediately, the information to the Police
can be given through some other representative.
If the Complainant was prevented with sufficient reason, and was
not able to register complaint immediately after the incident,
the FIR can be registered later also. In a recent Judgment, The
Supreme Court of India held that delay in registering FIR cannot
be a ground for acquittal in heinous crimes.
In 2016 the Hon'ble Supreme Court held that delay in registration of an FIR in
heinous crimes like dowry harassment leading to death of the wife or abetment by
husband to commit suicide is not a ground for acquittal in all cases, the
Supreme court has held. A Bench of Justices Deepak Misra and Shiva Kirti Singh
said, "It will be useful to remember that delay in lodging the FIR or complaint
is not fatal in all cases. The Court must show some sensitivity in cases of
present nature (dowry death) where the victim's closest relation - mother is a
poor helpless lady. Even a well-to-do person may suffer a state of mental
confusion when struck by such a tragedy. The prosecution in such cases is likely
to be delayed further if the deceased has left behind children. The issues
relating to their safety and custody often require higher priority."
The Bench said occurrences of the present nature require lodging of criminal
case against persons who are already in the category of relation by virtue of
matrimonial ties through the deceased and it is not always easy to take a
decision whether to lodge a criminal case against a relation or not. Hence in
such cases the factum of delay has to be dealt with sympathetically keeping in
mind the mental condition of the close relations of the victim.
The Bench said the story of the deceased young lady (Rekha), aged about 25
years who was forced to commit suicide by the unfortunate situation and
circumstances surrounding her life, resembles the tale of so many similar young
women who end their life due to untold miseries and hardships faced by them
within the confines of the four walls of their matrimonial home. All of them
enter such home with hope of leading a long and blissful married life but this
hope, invariably, does not last long, nor their life."
In the present case the victim left behind a son then aged about ten months and
she was also mothering a life of twenty weeks in her womb and she committed
suicide by consuming poison unable to meet the dowry demand of her husband.
The appellant Satish Shettya and both his parents were acquitted for offences
punishable under Sections 3, 4 and 6 of the Dowry Act and under Sections 498-A
and 304-B of the Indian Penal Code (IPC) on the only ground that there was delay
in filing FIR.
Domestic Violence Act Citations |
CRPC - Code of Criminal Procedure CPC Important citations, case laws |
Indian Penal Code (IPC)
IPC Few important Sections, Crimes and Punishment
Non Bailable offences under IPC
FIR Registration - Complaint, oral or written
Type of offences under IPC and types of complaints
Police not accepting complaints and not registering FIR, what are the other options
Maximum period of Police Detention. When bail should be granted. Bail after 90 days or 60 days
Registering FIR against police through complaint
Important Case Laws, Citations
Domestic Violence Act Citations
125 CRPC Case Laws and Citations
CRPC - Code of Criminal Procedure