In my previous column, I talked
about the misuse of power by the Station House Officer of the Police Station in
our country particularly in Punjab. But how about the steps involved in
initiating criminal proceedings when some occurrence took place with
public-at-large? Mr. Muhammad Aslam Kashmir lived with his daughter-in-law and
son who is a low paid civil servant. One morning after leaving by Aslam
Kashmir’s son for office and Mr. Muhammad Aslam left for the visit to the house
of his another son, his daughter-in-law with her minor children was alone in the
house. Aslam’s old wife was also present. Three persons came on motor bike in
the busiest street of Chak Jalal Din and one person remained outside at the gate
while the two looted them and deprived them from their valuables and gold
ornaments. While leaving they put all the inmates of the house in a room and
also tied their hands at their back with strings at the gun point. On ,
returning from work, I found Aslam and his family members frightened. Three
culprit had rung the bell claiming to be from a Post Office, and had barged into
the house. They had then robbed them gold chain and gold earrings and other
valuables and prize bonds. By the time the neighbours heard their screams and
came to help, the three escaped on a bike parked on the bridge of Nallah. Mr.
Aslam and his son was asked to go the police station and file a complaint and I
also drawn up the proposed F.I.R. of the occurrence.
Like Mr.Aslam, most of us don’t know what to do next in situations like this.
The FIR is the first and the most important document to initiate criminal
proceedings. Here’s what to remember about FIRs.
Who? An FIR can be lodged by the victim, a witness to the incident, or any
person with knowledge of the incident either a neighbor or the passerby.
Why? An FIR is the document that initiates criminal proceedings to punish the
guilty. In case of theft or damage to property, an FIR is necessary to claim
insurance or protect yourself from any liability arising from the misuse of your
property.
What crimes? The police can register FIRs only for cognizable offences — where
the police have the power to arrest without a warrant. Examples of cognizable
offences include murder, rape, theft, attack, etc. For non-cognizable offences,
such as bigamy or defamation, the police cannot arrest without a warrant and
thus cannot register an FIR. The complaint is sent to the Judicial Magistrate
for action.
When? The FIR has to be registered at the earliest point of time after the
incident. Any delay in registration has to be adequately explained. Delay in
registration may cause a suspicion as to whether it was an afterthought or a
concocted version.
Where? Ideally, the FIR should be registered in the police station within whose
geographical and territorial limits the crime took place., it is not always
necessary to go in person to register the FIR , a witness or relative may also
go to get register the FIR . In an emergency, the police can register an FIR
based on a phone call or e-mail in some sort of crimes.
How? The FIR should mention the date and time of the incident and the identity
of the accused (if known) in a precise manner. After it is registered, the
complainant is entitled to a copy free of charge. The Crime Number in the FIR is
the reference for all future follow-ups.
As for the police, once the FIR is registered, they have to investigate the
case, record statements of all witnesses, and file a final report. If the police
conclude that there is no basis for the complaint or no evidence available to
prosecute the case, further action is dropped. This has to be communicated to
the complainant. If there is enough evidence, the final charge sheet is
submitted before Court and the trial begins.
If the police refuse to register an FIR, a written complaint can be sent to the
Superintendent of Police. A complaint may also be filed Under Section 22-A and
22-B Cr.P.C. directly to the Secessions Judge of the District Concerned , who
can direct the police to register and investigate the case.
The writer is a practising advocate in Islamabad with keen interest in legal
literacy and in making the law less intimidating to the common man and woman.
This column is legal information, not advice. Please consult a lawyer for
specific cases. The author can be contacted at [email protected].