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First Information Report (FIR) in India

This article deals with the topic of an FIR or First Information Report.

What is an FIR?

Under section 154 of the Code of Criminal Procedure (CrPC) and FIR is a report of First Information of a cognizable offence under the Indian Penal Code. It is basically a record of primary information received, regarding the commission of a criminal offence or crime as per IPC.

When is an FIR filed?

Where can an FIR be filed?

What does an FIR contain?

A First Information Report FIR contains the following fields:

  1. State
    District
    Police Station
    FIR No.
    Year
    Date
  2. Acts and Sections
  3. Occurence of Offence: Day / Date from / Time / Date to / Time
    Information Received at Police Station: Date / Time
    General Diary Reference: Entry No. / Date / Time
  4. Type of Information: Written / Oral
  5. Place of Occurrence:
    Direction and Distance from Police Station
    Chouki/Beat/OP Name and No.
    Address of Occurrence:
    Name / No. if any / Ward / Name of Road
    Nearest Identifiable place / Village / Post / Taluka / Distt. / State
    In case, outside the limit of this Police Station: Taluka / Distt. / State
  6. Complainant / Informant:
    Permanent Address
    Name / Father’s / Husbands Name
    Date of Birth and Age / Nationality / Phone No.
    Passport No. / Date of Issue / Place of Issue / Occupation
    Religion / Caste / Sub-caste
    Address / Ward / House Name / No. / Phone / M. No / PAN No. / Card No.
    Road / Nearest Identifiable place / Village / Post / Police Station
    Taluka / Distt. / State / Present Address
  7. Details, Name and Address of Known Accused (attach separate sheet if necessary) Particular physical features of suspect to be mentioned on form 1-B and maybe attached to case diary.
  8. Reasons for delay in reporting by the complainant / informant
  9. Particulars of properties stolen and involved (attach necessary proforma) Write down details on blank page.
  10. Total value of properties:
    (a) stolen / involved
    (b) recovered
  11. Unnatural / Accidental Death Case No. (if any)
  12. First Information (brief contents) Attach separate sheet if required or write details overleaf on the blank side
  13. Action Taken: (since the above offence relates to commission of offence(s) under the sections mention in Item No. 2
    (1) Registered the case or took up the investigation or Directed (Name of Investigating Officer / Rank / No. )  to take up the investigation or
    (2) Refused investigation due to (Reason)
    (3) Transferred to Police Station (Name) due to jurisdiction
  14. FIR Read over to the complainant / informant, admitted to be correctly recorded and a copy given to the Complainant / Informant free of cost.
    Signature / Thumb impression of informant / Complainant
    Signature of Officer in-charge: Name / Rank / No.
  15. Date and Time submitted to court
    Posting Code No. of Investigating Officer
  16. Copy to: Complainant / Supdt. of Police / Inv Officer / Office Copy

 

Sample of an FIR

FIR Sample

How does an FIR look? First Information Report Sample in India

Roznama in an Indian Court

What is a Roznama?

Roznama is the register of the daily proceedings of a court case, maintained in every Indian Court. It contains the activity in a case and also records if any orders were passed in the case.

Roz = Day / Daily
Nama = Name / Record / Log / Register

Who maintains the Roznama?

The Roznama is maintained by the Court Clerk or Bench Clerk

What details are entered in the Roznama?

The Roznama lists details of the daily proceedings in a particular case.

Amongst other things, the Roznama includes:

  1. Court Name
  2. Court Room Number
  3. Case No. and Type
  4. Name of the Plaintiff or Applicant or Appellant
  5. Name of the Defendant or Respondent
  6. Chronological sequence of events in the case

The Schedule of Minutes of the case, includes the chronological events like:

  1. Date of Hearing
  2. Exhibit No. (if any exhibit was submitted to the Court)
  3. Progress of the case or Order passed on that Date
  4. Next Date of Hearing given by the Judge
Roznama Lawgic.info (C)

The Roznama contains minutes of the Court Proceedings

Examples of Entries in the Roznama:

Business : Resumed Before Shri XYZ – Judge Presiding Over C.R. No. 1 Nobody present when called. Adjourned for Hearing on Exhibit 4 by Plaintiff
Next Purpose : Hearing In Notice Not Before 2.45 PM
Next Hearing Date : 08-10-2011

Exhibits : 22/A – Vakalatnama of Plaintiff
Business : Resumed before the court. Adv. for Plaintiff present and filed vakalatnama of Plaintiff. On oral request, adjourned for say of plaintiff on Ex. 11 as last chance.
Next Purpose : Reply In Notice Not Before 2.45 PM
Next Hearing Date : 16-02-2011

Where can the Roznama be seen?

The Roznama of that day can be seen by the party or his lawyer on the same day of the hearing. Alternatively, if you want to check the Roznama of a previous date, then you need to make an application and pay the necessary fees as per the Court Manual. (For the Maharashtra Court Rules see: http://court.mah.nic.in/courtweb/civil/html/chapter29.html)

Some Courts in Maharashtra and other states, allow you to see the Roznama of a matter online on their website.

Screenshot of Roznama / Daily Status on the Maharashtra District Courts Website

Screenshot of Roznama / Daily Status on the Maharashtra District Courts Website

Screenshot of Roznama / Daily Status on the Maharashtra District Courts Website

Screenshot of Roznama / Daily Status on the Maharashtra District Courts Website

 

 

 

What Is An A Summary, B Summary and C Summary Criminal Case?

A Summary Case

  • where the Magistrate classifies the case as true but undetected
  • where there is no clue whatsoever about the culprits or property or when the accused is known but there is no evidence to justify his being sent up to the Magistrate for trial

B Summary Case

  • where the Magistrate classifies the case as maliciously false
  • When there is no evidence or prima facie case against the accused
  • Applicable when false or frivolous cases are filed
  • A B Summary Report is filed by the Police in such a matter
  • Usually a final report
  • Will lead to acquittal of the accused, upon acceptance by the Court
  • the police have to become the complainant and register a case against the original complainant, stating that he had complained to the police with malicious intent

C Summary Case

  • When the case is neither true nor false
  • A C Summary report is issued by the Police in such a matter
  • When the criminal case was filed due to mistake of facts or the offence complained about is of a civil nature

 

How To Transfer A Used Two Wheeler in Maharashtra

This article deals with the procedure of transferring a user two wheeler after purchase.

What documents are needed for transfer of the two wheeler?

The seller needs to give to the buyer:

  • Original RC Book or RC Card of the vehicle
  • Valid Tax Payment receipt
  • Valid Insurance
  • 2 Self Attested Copies of PAN Card
  • 2 Self Attested Copy of Address Proof / Aadhaar Card / Passport etc.

Within how many days do I need to report the transaction to the RTO?

As per section 50 of the (Central) Motor Vehicles Act, 1988:

50. Transfer of ownership:
(1) Where the ownership of any motor vehicle registered under this Chapter is transferred,—
(a) the transferor (i.e. seller) shall,—
(i) in the case of a vehicle registered within the same State, within fourteen days of the transfer, report the fact of transfer, in such form with such documents and in such manner, as may be prescribed by the Central Government to the registering authority within whose jurisdiction the transfer is to be effected and shall simultaneously send a copy of the said report to the transferee (i.e. buyer); and

(ii) in the case of a vehicle registered outside the State, within forty-five days of the transfer, forward to the registering authority referred to in sub-clause (i)—

(A) the no objection certificate obtained under section 48; or

(B) in a case where no such certificate has been obtained,—
(I) the receipt obtained under sub-section (2) of section 48; or
(II) the postal acknowledgment received by the transferee if he has sent an application in this behalf by registered post acknowledgment due to the registering authority referred to in section 48, together with a declaration that he has not received any communication from such authority refusing to grant such certificate or requiring him to comply with any direction subject to which such certificate may be granted;

(b) the transferee (i.e. the buyer) shall, within thirty days of the transfer, report the transfer to the registering authority within whose jurisdiction he has the residence or place of business where the vehicle is normally kept, as the case may be, and shall forward the certificate of registration to that registering authority together with the prescribed fee and a copy of the report received by him from the transferor in order that particulars of the transfer of ownership may be entered in the certificate of registration.

What if I have not transferred a vehicle that I have purchased or sold? What are the consequences if the vehicle is still in the name of the previous owner?

As per section 50 of the (Central) Motor Vehicles Act, 1988:

(3) If the transferor or the transferee fails to report to the registering authority the fact of transfer within the period specified in clause (a) or clause (b) of sub-section (1), as the case may be, or if the person who is required to make an application under sub-section (2) (hereafter in this section referred to as the other person) fails to make such application within the period prescribed, the registering authority may, having regard to the circumstances of the case, require the transferor or the transferee, or the other person, as the case may be, to pay, in lieu of any action that may be taken against him under section 177 such amount not exceeding one hundred rupees as may be prescribed under sub-section (5): Provided that action under section 177 shall be taken against the transferor or the transferee or the other person, as the case may be, where he fails to pay the said amount.
(4) Where a person has paid the amount under sub-section (3), no action shall be taken against him under section 177.
(5) For the purposes of sub-section (3), a State Government may prescribe different amounts having regard to the period of delay on the part of the transferor or the transferee in reporting the fact of transfer of ownership of the motor vehicle or of the other person in making the application under sub-section (2).

What are the forms required to sell or purchase a two wheeler in Mumbai / Maharashtra?


Form 28 Form 29 Form 30 Form TCA
1 Copy: Change of Address in RC
1 Copy: Transfer of Ownership 1 Copy: Transfer of Ownership 1 Copy: Transfer of Ownership
1 Copy: Assignment of New Reg No. from other RTO
Eg: MH 01 to MH 04
1 Copy: Assignment of New Reg No. from other RTO
Eg: MH 01 to MH 04
Total: 3 copies Total: 2 copies Total: 1 copy Total: