FIR

First Information Report (FIR):

F.I.R. is the abbreviated form of First Information Report. It is the information recorded by the police officer on duty, given either by the aggrieved person or any other person about the commission of an alleged offence. On the basis of the F.I.R. the police commences its investigation.

Who can file an F.I.R.

Any person can file an F.I.R. He need not be the aggrieved person. It may be merely hearsay and need not be by the person who has had firsthand knowledge of the facts.

Where to file an F.I.R.

An F.I.R. can be filed in the police station of the concerned area in whose jurisdiction the offence has occurred. It must be made to the officer-in-charge of the police station and if he is not available the Assistant Sub Inspector is competent to enter upon the investigation

How to file an F.I.R.

When a wrong has been committed and the aggrieved person or any other person wants to file a F.I.R. it shall be filed in the following manner.

1. Go to the police station and meet the officer-in-charge.

2. Step by step in an orderly sequence narrate to the officer every information relating to the commission of the offence.

3. The officer shall reduce the information given in writing.

4. The information given shall be signed by the person giving it.

5. The information given shall be entered in a book to be kept by the officer.

Copy of the information as recorded shall be given free of cost to the informant.

Where an officer-in-charge refuses to record the information

If the officer in charge refuses to record the information, the information may be sent in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him.

Summons

Proclamation for person absconding

If any court has reason to believe that any person against whom a warrant has been issued has absconded or is concealing himself so that such warrant cannot be executed, such court may publish a written proclamation requiring him to appear at a specified place and time within 30 days of publishing such proclamation.

The proclamation shall be published as follows:-

1. It shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides;

2. It shall be affixed in some conspicuous part of the house or homestead in which such person ordinarily resides or to some conspicuous place of such town or village;

3. A copy thereof shall be affixed to some conspicuous part of the court house;

4. The court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily newspaper circulating in the place in which person resides.

Attachment of property of person absconding

The Court issuing a proclamation may, at any time after the issue of the proclamation, order the attachment of any property, movable or immovable or both, belonging to the proclaimed person:

Provided where at the time of issue of the proclamation the Court is satisfied that the person in relation to whom the proclamation is to be issued –

is about to dispose of the whole or any part of his property, or

is about to remove the whole or any part of his property from the local jurisdiction of the Court,

it may order the attachment simultaneously with the issue of the proclamation.

Your duties

1. To accept the summons and sign the duplicate if required.

2. To treat the officer serving the summon with respect.

3. To appear on the date mentioned in the summons or engage a lawyer to appear on your behalf.

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Bail

Application for Bail

For non-bailable offence one has to move an application setting out the grounds for the grant of bail. In case the court is convinced that bail should be granted it passes the order after hearing the arguments. At that stage one has to fill in the bail bond duly signed by the surety and to be filled through his advocate. In case the accused is before the court, he is set at liberty in the court itself and in case the accused is under detention in the jail, orders of grant of bail are sent to the concerned jail,

To get oneself released on bail in bailable or non-bailable offences one has to file the bail bond The bail bond is filed by the surety who takes the responsibility for producing the accused person in the court or before the investigating agency. Any person who has the capacity, control and competence to produce the accused in case of non-appearance or to pay the amount of the surety can be accepted by the court for the purpose.

Personal Bond and Cash Security

In some cases while granting bail the court directs for personal bond as well as security in cash.

Amount of Bond

The amount of every bond executed shall be fixed with due regard to the circumstances of the case.

Cancellation of Bail

A High Court or Court of Session may direct that any person who has been released on bail be arrested and commit him to custody on an application filed by the complainant or the prosecution.