Living in Mumbai, it’s essential to know how to protect yourself and others when faced with a crime. The First Information Report (FIR) is the initial step in the legal process to report a crime.
Under Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the police are required to register an FIR when informed about a cognisable offence, regardless of jurisdiction.
This guide will walk you through the process of how to file an FIR in Mumbai, ensuring you understand each step in case you encounter a similar situation.
Types of Crimes That Require an FIR
1: Theft or Robbery
Theft (Section 303 BNS) involves unlawfully taking someone’s property without their consent, with the intention of depriving them of it permanently. Robbery is the use of force or intimidation during the commission of theft.
Both are cognisable offences under the Bharatiya Nyaya Sanhita, allowing police to register an FIR and initiate an investigation without prior order from a magistrate.
Promptly filing an FIR ensures that the authorities can act swiftly to recover stolen property and arrest the culprits.
2: Assault
Assault (Section 130 BNS) refers to a gesture or preparation to create an apprehension of immediate and unlawful use of force.
Various forms of assault are addressed, including simple assault and aggravated forms involving deadly weapons. Filing an FIR in assault cases is crucial to initiate legal proceedings and protect the victim’s rights.
3: Domestic Violence
Domestic violence includes emotional, physical, sexual, and economic abuse within a domestic setting. The Protection of Women from Domestic Violence Act, 2005, provides a legal framework for victims to seek protection and justice.
Filing an FIR is the first step in addressing such abuse, enabling authorities to take necessary actions, including restraining orders and legal proceedings against the abuser.
4: Rape or Sexual Harassment
Rape and sexual harassment are grave offences violating an individual’s bodily autonomy and dignity. Sections 63 and 75 of the BNS provide legal definitions and punishments for these crimes.
5: Dowry Harassment
Dowry harassment involves coercing a woman or her family to provide dowry, leading to mental and physical abuse. Section 85 of the BNS and the Dowry Prohibition Act, 1961, criminalise such practices.
Filing an FIR is vital to protect the victim, hold the perpetrators accountable, and deter such societal malpractices.
6: Kidnapping
Kidnapping entails unlawfully taking or detaining a person against their will. The BNS distinguishes between kidnapping from India (Section 360) and kidnapping from lawful guardianship (Section 137).
7: Murder
Murder, defined under Section 101 of the BNS, involves the intentional killing of another person. It’s one of the most serious criminal offences, warranting rigorous investigation and prosecution.
Promptly filing an FIR is essential to initiate the legal process, collect evidence, and deliver justice to the victim’s family.
These offences are categorised as cognisable, empowering the police to register an FIR and commence investigations without prior judicial approval. Prompt reporting and FIR registration are essential to ensure justice and uphold the rule of law.
Read Also: Filing for Divorce in Mumbai: Legal Grounds and Procedures
Who Can File an FIR?
An FIR can be filed by:
- Victim of a Crime: According to Section 2(1)(y) of the BNSS, 2023, a victim is a person who has suffered any loss or injury as a result of the act or omission of the accused. The victim includes the guardian or legal heir of the person suffering.
- Witness To a Crime: If you have seen or heard the crime taking place.
- Any Person Knowing the Commission: If you have information about a crime, even if you weren’t directly involved.
What Information Should an FIR Contain?
An FIR should include:
- Complainant’s Details: Name, address, and contact information.
- Details of the Offence: Name of the crime, time, and place of occurrence.
- Description of Accused Persons: If known.
- Witnesses: If applicable.
- Signature or Thumb Impression: Of the complainant.
Where To File an FIR?
You can file an FIR through:
- Police Station: Visit the local police station in the jurisdiction where the crime occurred.
- Online FIR Registration: Some states offer online FIR filing through their official police websites.
- Phone: Dial emergency numbers, such as 100, to report a crime, although this may not constitute a formal First Information Report (FIR).
- Email or Written Complaint: Send a detailed written complaint to the police station’s official email address.
How To File an FIR in Mumbai?
To file an FIR in Mumbai, follow these essential steps:
- Visit the Police Station: Approach the nearest police station in the jurisdiction where the crime was committed.
- Provide Clear and Accurate Information: Narrate the incident to the officer in charge, including details such as the date, time, location, and any known information about the accused.
- FIR Registration & Verification: The officer will record your statement and read it back to you for verification. After the information has been read over, the informant will be asked to sign the statement. Ensure all details are accurate.
- Obtain a Copy of the FIR: After registration, request a free copy of the FIR for your records.
What if Police Refuse To Register an FIR?
If the police refuse to file your FIR, you have several options to report the incident. The following are the multiple alternatives available to an informant:
- Approach Higher Authorities: According to Section 173(4) of the BNSS, a person can send the substance of the information in writing by post to the Superintendent of Police (SP). According to the receipt of the information, the SP conducts the investigation himself or directs any other subordinate police officer to conduct the investigation.
- Application to Judicial Magistrate: Under Section 173(4) of the BNSS, if the SP has taken no action upon the information, the party can apply to the magistrate to direct the police to register the FIR. After reviewing the application, the magistrate’s affidavit indicating that a remedy under Section 173(4) had been taken, ordered an investigation into the matter.
- Filing a Writ: When a person fails by resorting to the above alternatives, they may file a Writ of Mandamus to the High Court or Supreme Court. For filing a writ, you can seek the legal assistance of an experienced law firm in Mumbai, such as JAK Legal.
How Does a Lawyer Help You To File an FIR in Mumbai?
Filing an FIR can be a confusing process, especially if you’re unfamiliar with legal procedures. If you’re unsure how to file an FIR in Mumbai, a lawyer can assist in several ways:
- Drafting the Complaint: A lawyer ensures that your complaint is comprehensive, accurately detailing the incident, the relevant legal provisions involved, and the relevant facts.
- Guidance: Legal professionals provide clarity on your rights, advice on the appropriate legal course, and help you understand the implications of your complaint.
- Legal Recourse: If the police refuse to file an FIR, a lawyer can assist in approaching higher authorities or the judiciary.
Read Also: Difference Between a Civil and Criminal Case
Summary
If you’re confused about how to file an FIR in Mumbai, JAK Legal is here to help you. Our expertise in legal procedures ensures that your complaint is filed correctly and efficiently.
Types of Crimes That Require an FIR
- Theft or Robbery
- Assault
- Domestic Violence
- Rape or Sexual Harassment
- Dowry Harassment
- Kidnapping
- Murder
Who Can File an FIR?
- Victim of a Crime
- Witness to a Crime
- Any Person Knowing the Commission
What Information Should an FIR Contain?
- Complainant’s Details
- Details of the Offence
- Description of Accused Persons
- Witnesses
- Signature or Thumb Impression
Where To File an FIR?
- Police Station
- Online FIR Registration
- Phone
- Email or Written Complaint
How To File an FIR in Mumbai?
- Visit the Police Station
- Provide Clear and Accurate Information
- FIR Registration & Verification
- Obtain a Copy of the FIR
What if Police Refuse To Register an FIR?
- Approach Higher Authorities
- Application to the Judicial Magistrate
- Filing a Writ
How Does a Lawyer Help You To File an FIR in Mumbai?
- Drafting the Complaint
- Guidance
- Legal Recourse
FAQs
What steps are involved in filing an FIR?
To file an FIR (First Information Report), follow these steps:
- Visit the nearest police station and approach the duty officer.
- Narrate the incident, providing details such as date, time, location, and any known information about the accused.
- The officer will document your statement and read it back to you for verification.
- Ensure all details are accurate before signing the report.
- After registration, request a free copy of the FIR for your records.
How Do I File an FIR in the Correct Format?
To register an FIR, you need to provide details about the incident, including the date, time, location, and description of the crime. Include details about the parties involved, potential witnesses, and any lost property, if known.
Does filing an FIR cost money?
No, filing an FIR is free of charge. As per Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the police are obligated to record information about a cognisable offence without any fee.
Can I register an FIR online in Maharashtra?
Yes, the Maharashtra Police offers an online platform for filing First Information Reports (FIRs). You can visit the official website, mahapolice.gov.in, to register your complaint. This facility is beneficial for reporting non-cognisable offences or for initial reporting before visiting the police station.
How long is the FIR valid for?
An FIR does not have an expiration date. Once filed, it remains valid until the case is resolved or closed by the authorities. The FIR acts as the foundation for the investigation, and its validity remains intact throughout the legal proceedings.
Is FIR filing available 24/7?
Yes, police stations in India operate 24/7, allowing you to file an FIR at any time. Additionally, many states, including Maharashtra, offer online portals that are accessible 24/7, enabling you to register complaints at your convenience.
Can I file an FIR from another city?
Yes, you can submit a Zero FIR in any police station, regardless of where the offence occurred. Here, the FIR is registered with the case number as 0, and the police will then transfer the FIR to the appropriate jurisdictional police station for investigation. This provision ensures the timely reporting of offences without jurisdictional constraints.
How long does it take to file an FIR?
The process of filing an FIR typically takes between 30 minutes and an hour, depending on the case’s complexity and the details involved.
Can minors file an FIR?
Yes, minors have the right to file an FIR. However, it’s recommended that they be accompanied by a parent, guardian, or responsible adult to provide support and ensure proper communication with the police.
How can I check the FIR status in Mumbai?
To check the status of an FIR in Mumbai, visit the Maharashtra Police’s official portal at https://citizen.mahapolice.gov.in. Enter the FIR number and other required details to track the progress of your case. This online facility provides transparency and updates on the investigation.
