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Criminal Laws

How to get registered FIR when Police Officer Refuses to lodge FIR in Karachi Pakistan

How to get registered FIR when Police Officer Refuses to lodge FIR in Karachi Pakistan

First Information Report (FIR) is a written document prepared by the police when they receive information about the commission of a cognizable offence. It is a report of information that reaches the police first in point of time and that is why it is called the First Information Report. It is generally a complaint lodged with the police by the victim of a cognizable offence or by someone on his/her behalf. Anyone can report the commission of a cognizable offence either orally or in writing to the police.  It is a duty of police to register FIR without any delay or excuses.

If Police refuses to register FIR then the aggrieved person can approach District & Sessions Judge for directing the Police to register his statement U/s. 154 Cr.P.C. In Karachi there are 5 Districts, therefore aggrived person havde to approch the District Judge who has jurisdiction of that Police Station.

Cognizable Offence:

A cognizable offence is one in which the police may arrest a person without warrant. They are authorized to start investigation into a cognizable case on their own and do not require any orders from the court to do so.

Non-cognizable Offence:

A non-cognizable offence is an offence in which a police officer has no authority to arrest without warrant. The police cannot investigate such an offence without the court’s permission.

Why is FIR important?

FIR is a very important document as it sets the process of criminal justice in motion. It is only after the FIR is registered in the police station that the police start investigation of the case. According to Articles 21, 22, 23, 25, 49, 50 of Qanoon-e-Shahadat Order 1984, FIR is a relevant fact.

 Who can lodge FIR?

Anyone who knows about the commission of a cognizable offence can file an FIR. It is not necessary that only the victim of the crime should file an FIR. A police officer that comes to know about a cognizable offence can file an FIR himself/herself. You can file FIR if:

a. You are the person against whom the offence has been committed.

b. You know yourself about an offence, which has been committed.

c. You have seen the offence being committed.

 

 

The police may not investigate a complaint even if you file an FIR, when:

1. The case is not serious in nature.

2. The police feel that there is not enough ground to investigate.

3. The police resources are already over-committed in investigating more serious offences. However, the police must record the reasons for not conducting an investigation and in the latter case must inform you (Section 157 of the Code of Criminal Procedure, 1898).

What is the procedure of filling FIR?

The procedure of filing an FIR is prescribed in Section 154 of the Code of Criminal Procedure, 1898. It is as follows:

I.  When information about the commission of a cognizable offence is given

orally, the police must write it down.

II.  It is your right as a person giving information or making a complaint to

demand that the information recorded by the police is read over to you.

III. Once the police have recorded the information in the FIR Register, the person

giving the information must sign it.

IV. You should sign the report only after verifying that the information recorded

by the police is as per the details given by you.

V.  People who cannot read or write must put their left thumb impression on the

document after being satisfied that it is a correct record.

VI.  Always ask for a copy of the FIR, if the police do not give it to you.

VII. It is your right to get a copy of FIR free of cost.

 

What should you mention in the FIR?

1. Your name and address;

2. Date, Time and Location of the incident you are reporting;

3. The true facts of the incident as they occurred, including the use of weapons, if any;

4. Names and description of the persons involved in the incident;

5. Names and addresses of witnesses, if any. (Format used by the police for the registration of FIR is attached).

 

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Categories
Criminal Laws

Law of Bail in Criminal Cases in Pakistan

Law of Bail in Criminal Cases in Pakistan.

CHAPTER XXXIX – OF BAIL
496. In what cases bail to be taken. When any person other than a person accused of a non-bailable offence is arrested or detained without warrant by an officer incharge of a police-station or appears or is brought before a Court, and is prepared at any lime while in the custody of such officer or at any stage of the proceedings before such Court to give bail, such person shall be released on bail: Provided that such officer of Court, if he or it thinks fit, may, instead of taking bail from such person, discharge him on his executing a bond without sureties for his appearance as hereinafter provided:
Provided further that nothing in this section shall be deemed to affect the provisions of section 107, subsection (4), or section 117, sub-section (3).
497. When bail may be taken in cases of non-bailable offence. (1) When any person accused of nonbailable offence is arrested or detained without warrant by an officer-in-charge of a police station, or appears or is brought before a Court, he may be released on bail, but he shall not be so released if there appears reasonable grounds for believing that he has been guilty of an offence punishable with death or [imprisonment for life or imprisonment for ten years].Pakistan: Code of Criminal Procedure 1898 Provided that the Court may direct that any person under the age of sixteen years or any woman or any sick or infirm person accused of such an offence be released on bail:
Provided further that a person accused of an offence as aforesaid shall not be released on bail unless the prosecution has been given notice to show cause why he should not be so released.
[Provided further that the Court shall, except where it is of opinion that the delay in the trial of the accused has been occasioned by an act or omission of the accused or any other person acting on his behalf or in exercise of any right or privilege under any law for the time being in force, direct that any person shall be released on bail–
(a) who, being accused of any offence not punishable with death, has been detained for such offence for a continuous period exceeding one year and whose trial for such offence has not concluded; or
(b) who, being accused of an offence punishable with death, has been detained for such offence for a continuous period exceeding two years and whose trial for such offence has not concluded.
Provided further that the provisions of the third proviso to this subsection shall not apply to a previously convicted offender for an offence punishable with death or imprisonment for life or to a person who, in the opinion of the Court, is a hardened, desperate or dangerous criminal or involved in terrorism.]
(2) If it appears to such officer or Court at any stage of the investigation, inquiry or trial, as the case may be, that there are no reasonable grounds for believing that the accused has committed a non-bailable offence, but that there are sufficient grounds for further inquiry into his guilt, the accused shall, pending such inquiry, be released on bail, or, at the discretion of such officer or Court, on the execution by him of a bond without sureties for his appearance as hereinafter provided.
(3) Ah officer or a Court releasing any person on bail under sub-section (1) or sub-section (2) shall record in writing his or its reasons for so doing.
(4) If, at any time after the conclusion of the trial of a person accused of a non-bailable offence and before judgment is delivered, the Court Is of opinion that there are reasonable grounds for believing that the accused is not guilty of any such offence, it shall release the accused, if he is in custody on the execution by him of a bond without sureties for his appearance to hear judgment delivered.
(5) A High Court or Court of Session and, in the case of a person released by itself, any other Court may cause any person who has been released under this section to be arrested and may commit him to custody.
498. Power to direct admission to bail or reduction of bail. The amount of every bond executed under this Chapter shall be fixed with due regard to the circumstances of the case, and shall not be excessive; and the High Court or Court of Session may, in any case, whether there be an appeal on conviction or not direct that any person be admitted to bail, or that the bail required by a police-officer or Magistrate be reduced.
[498-A. No bail to be granted to a person not in custody, in Court or against whom no case is registered etc. Nothing in section 497 or section 498 shall be deemed to require or authorise a Court to release on bail, or to direct to be admitted to bail any person who is not in custody or is not present in Court or against whom no case stands registered for the time being and an order for the release of a person on bail, or direction that a person be admitted to bail shall be effective only in respect of the case that so stands registered against him and is specified in the order or direction.]

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