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First Information Report and Charge

 First Information Report (FIR) and Charge

First Information Report-

Under section 154 of the criminal procedure code, it is a process by which officially police persons are informed about a particular incident, which either took place or there is a probability of any kind of hazard or probable offence. The prime objective is to take immediate action by police persons to stop the particular offence as early as possible,  at the same time to catch the culprit or offender as soon as possible.

 the first information report can be launched either by any person or by the police person in a suo- moto ( on its own initiative). 

Only plain paper written complaints submitted it should be properly signed. there should mention The date and time of the lodging of First Information Report,  because all these matters will be vital at the time of the cross- examination or further inquiry.

On the basis of this written complaint of printed form is filled up properly, Which is known as First Information Report. It should be signed by the concerning officer. It should have the name of the accused,  but it is not always necessary to provide the name of the accused. It will be the duty of the police person to search the culprit.  at the same time there should be a minimum description of the offence. under section 154 (2) of Criminal Procedure Code, A copy of the FIR are should be provided to the complainant free of cost.

Charge-

Charge is the definite formulation of the specific allegation made against a person, Who is entitled to know its nature at early stage.  The charges framed by the magistrate or court.

Essentials of charge

 A charge must contain the following particulars: 

  • Every charge must contain the offence with which the accused is charged under section 211(1) of the Criminal Procedure Code. 

  • If The offence under law has a specific name, it may described In the charge by that name only under section 211 (2)

  • If the offence charged has no name its description should be made.

  •  The law and section of the law against which the offence is alleged have been committed shall be mentioned in the charge under section 211 (4).

  • Time and place of the alleged offence and the person against whom or thing in respect of which it is committed shall have to be mentioned under section 212.

  •  Particulars of the manner in which the list offence was committed shall have to be mentioned as under section 213.

  • If previous conviction of the accused is to be proved or enhancing the punishment then the fact date and place of the previous conviction shall have to be stated as mentioned under section 211 (7) of Criminal Procedure Code. 

  • When the charges regarding criminal breach of trust or criminal misappropriation of money at shall be sufficient to specify the gross sum in respect of which the offences committed and the dates between which committed, Provided the time between the 1st and the last date shall not be exceeded one year.
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