First Information Report and It’s Classes
First Information Report (FIR) is a written document prepared by the police under section 154 of Criminal Procedure Code, 1898. 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.
It is generally a complaint lodged with the police u/s 154 crpc 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. Even a telephonic message can be treated as an FIR.
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.
As soon as the police receive the first information about the commission of an offence, it is its responsibility to immediately act and investigate the case and submit their report u/s 173 within 14 days to the magistrate and then it can be further proceed or disposed by classified into three A-class , B-class, C-class.
There are three classes of FIR.
- A Class.
- B Class.
- C Class.
“A” Class FIR:-
A Class FIR is true but accused persons are untraced. Where there is no clue whatsoever about the culprits or property, or where the accused is known but there is no evidence to justify his being sent up to the Magistrate for Trail.
(Therefore Magistrate can dispose of the cases till the appearance or Arrest of the Accused persons)
“B” Class FIR:-
B Class FIR is maliciously false. Where there is no Prima facie case against the accused. It is applicable when false or frivolous cases are filed. ‘B’ Class summary report is filed by police in these matters, and may lead to the acquittal of the accused, if accepted by the court,
(Magistrate passes summary order by directing S.H.O to initiate proceedings of 182 PPC 1860, against complainant who falsely lodged FIR)
“C” Class FIR:-
C Class FIR can be disposed of being non cognizable offence. “C” class summary report is issued by the police in such matters when criminal case was filed due to mistake of fact or if offence complained about is of civil nature.
(In this class it is suffice to say that if there is evidence regarding Non-Cognizable Offence, the Magistrate can direct S.H.O to submit a separate report U/S 155 of Cr.P.C 1898).