When a crime occurs, many people are unsure about the correct legal procedure to follow. Can you submit an application at the police station? When should an FIR be registered? What steps should you take if the police do not cooperate?
This guide explains the complete procedure in simple terms.
Step 1: Call 15 in Emergency Situations
If a serious or immediate crime occurs, you should call 15 (Police Emergency Helpline) right away.
Examples include:
- Robbery or dacoity
- Murder
- Assault or violent attack
- Sexual assault
- Physical fight in progress
- Theft caught immediately
Calling 15 ensures that the police arrive at the scene promptly and verify whether the incident has actually occurred.
However, not every matter requires an immediate 15 call. For example:
- Cheque dishonor
- Fraud under Section 420
- Criminal breach of trust
- Theft discovered later
In such cases, you can go directly to the police station and submit a written application instead of calling 15.
Step 2: Submitting an Application at the Police Station
There are two ways to submit a complaint:
1. Submit a Written Application Yourself
You may write a detailed application and submit it at the police station. After submission, you must obtain a Diary Number (E-Tag Number) as proof that your complaint has been officially received.
2. Ask the Police to Draft the Application
If you cannot write the application properly, you can explain the incident verbally to the police officer. Legally, under Section 154 CrPC, it is the duty of the police officer to:
- Listen to the complainant
- Reduce the complaint into writing
- Assign a Diary/E-Tag number
- Begin legal proceedings if a cognizable offense is made out
If the offense is cognizable, meaning it requires immediate registration of an FIR, the FIR should be registered promptly.
Four Essential Elements of a Strong FIR Application
A strong FIR depends on clear and complete details. Four things are extremely important:
- Facts, What exactly happened?
- Location, Where did it occur? (Jurisdiction matters.)
- Date, On which date did it happen?
- Time, At what time did it occur?
These elements strengthen your complaint and increase the likelihood of proper legal action.
If you have:
- Evidence
- Witnesses
- Medical reports
- Supporting documents
Your case becomes stronger, and the accused may face arrest and trial accordingly.
Assigning Specific Roles to Accused Persons
If more than one accused person is involved, it is essential to assign a specific role to each one.
For example:
- If one accused attacked with an axe, clearly state who used the axe and where the injury was inflicted.
- If someone fired a gunshot, mention who fired, who was injured, and where the injury occurred.
Clear role attribution strengthens the FIR and prevents ambiguity.
Is Medical Examination Necessary Before Filing an FIR?
Many people believe they must complete a medical examination before filing a complaint. This is not always necessary.
If you have been assaulted:
- First, submit a proper written application.
- Obtain your E-Tag/Diary number immediately.
- Medical examination can follow afterward.
If the police delay medical procedures after your complaint, that delay counts as police negligence, not the complainant’s.
Does Every Application Automatically Become an FIR?
No. Submitting an application does not automatically mean an FIR will be registered.
In some cases, such as robbery or theft, FIRs are often registered quickly.
When you receive your E-Tag number, it usually mentions the name of the assigned investigating officer (often from the Operations Wing). You should contact that officer and:
- Request review of your evidence
- Explain your case clearly
- Ask for FIR registration
If your complaint has merit and there is no improper influence, there is a high likelihood the FIR will be registered.
Special Cases: Financial and Property Matters
In cases involving:
- Section 420 (Fraud)
- 406 (Criminal breach of trust)
- 489-F (Cheque dishonor)
- Property disputes
Junior officers such as ASI or Sub-Inspector may seek approval from senior authorities (SP Office) before registration.
In such cases, it is advisable to submit your application directly to the SP Office for proper legal processing.
What If Police Refuse to Register FIR?
If the SHO does not cooperate, you can escalate the matter:
- Approach the DSP
- Approach the SP
- Approach the CPO/DPO/RPO
- Submit an application to the IG
- Attend an open court (Khuli Kachehri)
If all administrative remedies fail, you can file a petition under Sections 22-A and 22-B CrPC through a lawyer before the Justice of Peace (a Sessions Judge).
If the judge finds that an FIR should be registered, the court can order the police to register it.
Final Words
Knowing your legal rights is essential. A properly drafted application with complete facts, time, date, and location significantly increases your chances of getting an FIR registered.
If you found this guide helpful, stay tuned for the next article where we will explain what to do after an FIR has been registered.
You are encouraged to share your thoughts and experiences in the comments section.