First Information Report serves as the basic document of any matter when it goes to the court through police. Since the cases very much depend upon how the FIR is registered, it is pertinent to file an FIR in a proper manner. There are some points which should be kept in mind while recording the FIR. It is imperative for both the Officer in charge and the informant (the one who wishes to file the FIR) to keep in mind some basic issues when it comes to recording or reporting the matter:-
1.The capacity in which the report is being filed?
It is to be specified that the informant is filing the report in what capacity.
a. Whether the informant is himself a victim; or
b. He is an eye-witness and saw the offence being committed.
c. Or whether he heard about the incident from someone else.
(Information about a cognizable offence can be given by anyone who has knowledge of commission of such offence not necessarily being the eye witness.)
2.Who did it?
If a known person has committed the crime then his name, address and other particulars must be mentioned. If not then descriptive particulars of the offender must be penned down like the clothes he was wearing, any special identifiable mark etc.
3.The time of commission?
The time when the crime was committed must also be noted down. If delay occurred in lodging FIR then the reason accounting for such delay must also be recorded.
4.The place of commission?
The area/place where the offence was committed is a must for FIR. This helps in ascertaining the jurisdiction of the police station.
5.Against whom the crime was committed?
The informant should mention the victim of the crime. Since the informant may not necessarily be the victim, this information becomes crucial.
6.How did the offence take place?
A detailed description of the act committed by the offender must be recorded accurately so that it helps in further investigation. Also if any arms/weapons/vehicles were used then their description is also called for.
The description of injury received (if any) by property and/or victim also form an essential part of FIR.
7.Things taken away by the accused?
If the accused has taken anything which doesn't belong to him/her (as in case of theft etc.) then the complete description of property and identifiable particulars must be put down.
8.The details about Witness?
If the offence took place in presence of witness(s) then their name and address must be taken down. Also if the witness attempted to rescue the victim then every single act must be described.
9.Reason behind the commission?
If the motive behind the offence is known to the informant then it may be mentioned in the FIR.
10.Traces left behind by the offender?
If there is any object left behind by the offender then it must be recorded in the FIR. The object could be something like a slipper or a handkerchief etc.
Author : Miss Nikita Anand http://www.manupatrafast.com