Maharashtra Police FIR/NC Complaint

Organization : Maharashtra Police Department
Service Name : FIR/NC Complaint
Applicable State: Maharashtra

Website : http://www.mahapolice.gov.in/

FIR/NC/Complaint/Cognizance

1 ) What is an F.I.R ?:
Ans : F.I.R. means First Information Report, made to police, about commission of a cognizable offence, In effect, it amounts to putting law in to motion by giving information relating to the commission of a cognizable offence to an officer in charge of a police station, (which shall be reduced into writing and read over to the informant) and shall be signed by the person giving such information.

It is mandatory to give a copy of the first information report (as recorded by police) to the complainant or informant free of cost.

2 ) How do I lodge F.I.R.?:
Ans : The informant/ complainant should go to the police station having jurisdiction over the area (where the offence is committed) and report to officer in-charge/ station house officer about commission of a cognizable offence. In case information is given on telephone, the informant / complainant should subsequently go to the police station for registration of F.I.R.

3 ) What is a cognizable case or What is cognizable offence ?:
Ans : A cognizable case means a case in which a police officer may, in accordance with the First Schedule of Cr.P.C. (1973), or under any other law for the time being in force, arrest without warrant.

4 ) What is the meaning of the term ‘taking cognizance’?:
Ans: The term ‘taking cognizance’ has not been defined in Code of Criminal Procedure. When any Magistrate takes cognizance under section 190 (1) (a) Cr.P.C., he must not only have applied his mind to the contents of the petition, but he must have done so for the purpose of proceeding in a particular way as per procedure prescribed in the Cr.P.C., and there after sending the complaint for further enquiry. A magistrate can also order investigations under section 156(3) of Cr.P.C.

5 ) What is a Non cognizable offence ?:
Ans : Non cognizable offence means in which a police officer has no authority to arrest without warrant.

6 ) How do I lodge a NC complaint ?:
Ans : Information about such offences is to be given in a similar manner as explained under F.I.R.. The officer in-charge would reduce the complaint in writing (about commission of Non cognizable offence ) and give a copy thereof to the complainant free of cost. No police officer can investigate a non-cognizable case unless he obtains prior permission of a Magistrate having power to try such case.

7 ) What is meant by a ‘complaint’ ?:
Ans : Complaint means any allegation made orally or in writing to a Magistrate, with a view to his taking action under the code of criminal procedure (1973), that some person (whether known or unknown), has committed an offence.

8 ) What is meant by public place ?:
Ans : Public place includes (and means) the foreshore, the precincts of every public building or monument, and all place accessible to the public for drawing water, washing or bathing or for the purpose of recreation.
{ B.P.Act 1951, sec 2(13) }