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One of the principal steps in a criminal case is filing an FIR. The majority of people are unaware of the procedure of filing an FIR, the kind of information required, or if the police deny to file the FIR how to proceed. Such misunderstandings very often result in postponements, and the victims might forfeit their legal rights. In this blog, you will understand how to file FIR, the difference between Police FIR and Court (Magistrate) FIR, and the full legal process under Indian criminal law.
What Is an FIR? Basic Meaning & Purpose
An FIR (First Information Report) is a written report prepared by the police when they receive information about a cognizable crime.
Purpose of an FIR
- Informs police about the offence
- Allows police to start investigation
- Records the first version of the incident
- Protects complainant’s legal rights
How to File an FIR – Short Step-by-Step Guide
1. At the Police Station
- Visit the nearest police station
- You may file at any police station (Zero FIR)
- Give information orally or in writing
- Police write it in the FIR register
- Read carefully and sign
- Take a free copy of FIR
2. FIR for Cognizable Offences (Serious Crimes)
Examples: Murder, Kidnapping, Rape, Theft, Dowry death
Key Points:
- Police must register FIR immediately
- No inquiry needed before FIR
- Investigation starts right away
3. For Minor Crimes – File a Complaint (Non-Cognizable)
Examples: Minor fights, Defamation, Simple hurt, Public nuisance
Key Points:
- Police make a Daily Diary entry
- You receive a Non-Cognizable Report (NCR)
- Police need Magistrate’s order to investigate
What If Police Refuse to File FIR?
- Ask for written reason for refusal
- File complaint to Superintendent of Police
- Send complaint by email/speed post/online
- Approach Magistrate under Section 156(3) CrPC
How to File FIR in Court
If the police refuse to register your FIR, you can go to the Magistrate.
How to File FIR in Court
- Write a complaint describing the incident
- State clearly that the police refused to file your FIR
- Request the Magistrate to order the police to register the FIR
Legal Basis
- Under Section 156(3) CrPC, the Magistrate can direct the police to register an FIR
- This process is called a Court FIR
Difference Between Complaint, FIR And Zero FIR
| Point | FIR | Complaint | Zero FIR |
| Offence Type | For cognizable offences | For non-cognizable offences | For any cognizable offence |
| Who Files | Registered by Police | Filed before Magistrate | Filed at any police station |
| Investigation | Police must start investigation | Police need Magistrate’s approval | Investigation must start immediately |
| Arrest | Police can arrest | No arrest without court order | Arrest possible (if offence is serious) |
| Formality | More formal and detailed | Less formal | Same as FIR (formal) |
| Jurisdiction | Only where the offence occurred | Magistrate’s jurisdiction | Any jurisdiction (no restriction) |
| Purpose | To record serious offences | For minor/non-cognizable matters | To avoid delay and register FIR quickly |
Understanding this difference helps you know how to file FIR correctly based on the crime.
FIR Format and Requirements
An FIR must include:
- Name and address of complainant
- Date, time, and place of incident
- Details of offence
- Details of accused (if known)
- Witnesses (if available)
- Signature of complainant
These FIR format and requirements ensure that your FIR is valid in court.
FIR Registration Time Limit
There is no strict time limit to file an FIR, but filing it late may weaken your case.
Exceptions:
- Natural trauma (assault/rape victims)
- Medical emergencies
- Unavailability of police
Courts accept late FIRs if reasons are justified.
Role of Magistrate in FIR
A Magistrate has several key roles in FIR matters:
1. Ordering Police to Register FIR
- When police refuse to file FIR, the Magistrate can order registration.
2. Supervising Investigation
- Magistrate ensures fair investigation.
3. Taking Cognizance
- Magistrate can directly take cognizance of a complaint without police involvement.
This is why understanding How to file FIR through court is important for justice.
Police vs Court FIR vs Zero FIR – Main Differences
| Point | FIR | Complaint | Zero FIR |
| Offence Type | For cognizable offences | For non-cognizable offences | For any cognizable offence |
| Who Files | Registered by Police | Filed before Magistrate | Filed at any police station |
| Investigation | Police must start investigation | Police need Magistrate’s approval | Investigation must start immediately |
| Arrest | Police can arrest | No arrest without court order | Arrest possible (if offence is serious) |
| Formality | More formal and detailed | Less formal | Same as FIR (formal) |
| Jurisdiction | Only where the offence occurred | Magistrate’s jurisdiction | Any jurisdiction (no restriction) |
| Purpose | To record serious offences | For minor/non-cognizable matters | To avoid delay and register FIR quickly |
Online FIR– When and How?
Rajasthan – Online / e-FIR (or Online Complaint)
Official Portal / App
- Use the Rajasthan Police citizen portal: https://police.rajasthan.gov.in police.rajasthan.gov.in+1
- You can also use the official app RajCop Citizen App to lodge FIR / complaint online. rajasthan.ghyora.com+1
When / For What Cases
- Online FIR / e-FIR is available for certain offences like theft, lost-item or lost-document cases — not always for serious crimes.
How to File Online in Rajasthan (Short Steps)
- Go to the Rajasthan Police portal (or open RajCop Citizen App)
- Log in (or register) — usually via SSO/portal login.
- Choose “Online FIR / e-FIR / Lost-item / Complaint” option.
- Fill in required details (incident date, place, description, your contact info, etc.) and submit.
- After submission you’ll get a reference / acknowledgement — you can track status online via portal/app.
Rights of the Complainant While Filing FIR
When learning how to file FIR, you must also understand your rights.
You have the right to:
- Get a free FIR copy
- Receive respectful treatment
- File Zero FIR anywhere in India
- Get updates from police regarding investigation
- File FIR in your own language
- Add additional details later (if needed)
Common Mistakes to Avoid While Filing FIR
- Giving incomplete details
- Forgetting to ask for a copy of FIR
- Not updating FIR when new information is found
- Delaying the report
Avoid these issues to strengthen your case.
FIR Under Criminal Law – Why It Is Important
FIR under criminal law is the official beginning of the justice process. It helps:
- Protect your legal rights
- Start investigation quickly
- Preserve evidence early
- Ensure that the accused is prosecuted correctly
This is why knowing how to file FIR is essential for every citizen.
Conclusion
Understanding how to file FIR empowers you legally. Whether it is a cognizable offence FIR, a non-cognizable offence complaint, or a Court FIR, the law gives you the right to seek justice. If police refuse, the Magistrate can help.When your case follows the proper FIR format and requirements, it becomes stronger and more efficient.
If you encounter FIR refusal, delay, or confusion at any point, being aware of how to file it through either the police or the court would mean that your legal rights are safeguarded.
