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IS THERE ANY TIME LIMIT FOR REGISTRATION OF AN FIR?

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IS THERE ANY TIME LIMIT FOR REGISTRATION OF AN FIR?

Is There Any Time Limit For Registration Of An Fir?


Yes, there is an oligation on the police to conclude preliminary enquiries after receiving a complaint and register FIR in criminal cases within 15 days. However, in extraordinary cases, the time limit is of 6 weeks and in that case, the police need to specify the reason for not completing the enquiry within 15 days.

There is no limit for filing a complaint with police department, however, it is advisable to file complaint without any delay and in case, the complaint is filed after lapse of a considerable period, the complaint should mention the reason for such delay.

The first point of bringing an offence to the notice of authorities is by lodging a complaint with the police authorities or by filing a complaint before a Magistrate by way of an application under Section 200 of Cr.P.C. It is the duty of the police officer to record the complaint and this is formally known as First Information Report (FIR). A prompt information in respect to the commission of an offence at the first available opportunity is essential for the investigation of the matter as there are chances of evidence being tampered by the accused and the benefit of doubt would be given to the accused. Moreover, in case of delay in reporting the offence, the Police is reluctant to register FIR.

There are two ways for getting FIR registered, one is physically and secondly by online filing by going on the portal of the concerned state police. However, in most of the states in India, FIR can be registered online only in non-cognizable offences and the same is called “Non-Cognizable Report” (NCR).

In case there is an offence against women, FIR has to be recorded by a woman police officer. In case, complainant is temporarily or permanently physically disabled then, the information shall be recorded by a police officer at the residence of the victim/complainant or any other place which is suitable and convenient for the victim. In case, offence is committed against a mentally disabled person, in such a case the police shall record the complaint of the guardian of such victim and the statement of information shall be video graphed and police officer shall get the statement of the victim recorded by the judicial magistrate under Section 164 of Cr.P.C. The copy of the FIR should be given to the informant as free of cost.

An FIR does not serve as substantial evidence i.e. it is not an evidence to the facts which it mentions. In case if there is inconsistency between the statement made in FIR and evidence produced at the time of trial, it would only discredit the evidence at trial but will not make the statement made in the FIR to be considered as evidence. Thus, in general FIR does not have evidentiary value, in exception case such as dying declaration. The statement made in the FIR is to corroborate the evidences produced at the time of trial. Hence, the FIR is an important document.

The above information is to impart awareness and no part of this should be construed as proving legal advice for any purpose.

Vikram Kumar & Ravi Kant

Advocates.


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