As per section 154 Cr.P.C. a Police Officer is duty bound to register a cognizable offence when reported by any person. The offence can be reported:
• By submitting in writing the details of offence either personally.
• By narrating orally to officer in-charge of Police station.
• By informing through telephone.
• Copie of FIR's are given free of cost.
• Insist on claiming your FIR Copy immediately after registration of a case.
• A Criminal case (FIR) can be registered only in the event of a cognizable offence.
What is an FIR ?
FIR stands for First Information Report. Whenever anybody reports about any crime which discloses cognizable offence then information is entered into a register. It is the right of complainant to get an FIR registered if his complaint discloses any cognizable offence. It is the right of the complainant to get one copy of FIR free of cost, immediately from concerned police station. FIR can be registered either on written statement or verbal statement of complainant which is later reduced in writing by Police Officer and is signed by the complainant.
Why sometimes FIR registration is denied?
If your complaint does not disclose any offence or your complaint discloses only non-cognizable offence, then FIR cannot be registered. In such cases where only non-cognizable offence is made out, Police officer will enter the substance of information in the general diary of Police Station and give copy of same to complainant. Another copy of complaint is sent to the concerned Judicial magistrate for further action. Police does not have powers to investigate a non-cognizable offence without the orders of the magistrate.
What are cognizable offences and what are non-cognizable offences?
Cognizable offence:- An offence for which a police officer has the powers to arrest without a warrant is defined as a cognizable offence. Offences like murder, rape, kidnapping, theft, robbery, fraud etc. are classified as cognizable.To get detailed list of cognizable offence kindly refer to first schedule of Criminal Procedure Code.
Non cognizable offence:- An offence for which a police officer does not have the power to arrest the accused without warrant.To get detailed list of non-cognizable offences please refer to first schedule of Criminal Procedure Code.