Status Check, Procedures, Facilities

Organization : Crime Branch Criminal Investigation Department
Service Name : First Information Report (FIR)
Applicable State: Tamil Nadu
Website : http://www.cbcid.tn.nic.in/about_cbcid.php

Crime Branch CID, Tamil Nadu

The objective of the CID was to tackle inter-district criminals, professional offenders and tribes who were addicted to crime.

Related / Similar Service :
Tamil Nadu Police E-Pay Finger Print Bureau

Frequently Asked Questions:
1. What is meant by a cognizable offence? Non-cognizable offence? Can an FIR only be registered for a criminal/ cognizable case? Is every cognizable case a criminal case?:
A cognizable offence is a case where the Police can arrest without a warrant. All cognizable cases involve criminal offences. Murder, Robbery, Theft, Rioting, Counterfeiting etc. are some examples of cognizable offences. Non-cognizable offences are those criminal infractions, which are relatively less serious.

Examples of non-cognizable offences include Public Nuisance, Causing Simple Hurt, Assault, Mischief etc. The Police cannot register criminal cases or cause arrests with regard to non-cognizable offences. In all such cases, the Police have to take permission from a magistrate for registration of a criminal case.

2. What is First Information Report (FIR)?:
The report pertaining to occurrence of a cognizable offence, received at the Police Station is called First Information Report, popularly known as FIR. Since it is the first information about the cognizable offence, it is called First Information report. On receipt of this information police registers the report in a FIR Register and begins the investigation of the crime.

Is the complainant entitled to a free copy of the FIR? Yes, definitely. As per Criminal Procedure Code (Cr.PC) it is mandatory on the part of police to provide a copy of the FIR, free of cost to the complainant.

3. Is there a time frame for an FIR to be registered once the complaint is given?:
On receipt of a complaint disclosing a cognizable offence, the Police should draw up an FIR forthwith.

4. Who is the officer on duty? If the officer on duty is not present, what are the alternatives to get the paperwork done (complaint, FIR)?:
The senior most Police officer available in the Police Station at any point of time, (SHO or his subordinate above the rank of a constable) is the officer-in-charge, or the duty officer. If the SHO / Inspector is not present, a Sub-Inspector or Head Constable will be the officer-in-charge, who will receive complaint or lodge FIRs.

5. What about jurisdiction? Can a crime committed in certain area only be filed that area’s station?:
A complaint can be lodged in any Police Station. After registration of the FIR, the Police Station registering the complaint can transfer the FIR to the jurisdictional Police Station / AWPS for investigation.

6. Can I have a receipt for my complaint?:
Copies of FIRs are given free of cost. FIR copy is given immediately after registration of a case. Where a case has not been registered, you are entitled to an acknowledgement from the Police Station for your complaint. This acknowledgement will carry a CSR number.

7. What to do if the Police Station refuses to register the FIR?:
Police can refuse to register the FIR only in non-cognizable offences. In all cognizable offences it is mandatory on the part of the police station to register the FIR. However, if the Police Station refuses to register the FIR, a complaint shall be made to the senior police officer.

The complaint can be made to the Concerned Circle Officer, Addl. SP or the Superintendent of Police of the concerned District. These officers will get the FIR registered and investigated.

8. What the Police Station does with a complaint pertaining to Non-cognizable offence?:
As per Cr. PC, Police Station is required to record an abstract of such complaint in the General Diary and advise the complainant to file the complaint in the concerned court as police is not empowered to initiate action in such matters without the directions of the court.

9. Are any kind of fee or charges to be paid to police for registration of FIR?:
Absolutely not. Police is not to be paid any fee or money for registering the FIR and subsequent investigation. If anybody in the police station makes such a demand, a complaint should immediately be made to the senior police officer as mentioned above. Are any kind of fee or charges to be paid for getting the injured medically examined or for putting up challan in the court?

No, the entire investigation of the case, including the medical examination of the injured and submitting challan in the court, is part of Government duty for which no charges are levied by the govt. If any demand for money is made at any stage of investigation, a complaint should immediately be made to the senior police officers.

10. What is the next step after a complaint is lodged?:
If the complaint indicates a cognizable offence, an FIR should be registered by the officer-on-duty of the Police Station and investigation taken up; if the facts do not prima facie indicate commission of a cognizable offence, a complaint should be registered in the CSR (Community Service Register) and an enquiry taken up.

11. What is a bailable offence?:
In bailable offences police is supposed to take the bail of the accused arrested in such offences.

12. What is a non-bailable offence?:
In non-bailable offence, police invariably does not take the bail of the accused and only the court grants bail. The list of bailable and non-bailable offences is given in one of the schedules of Criminal Procedure Code.