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The distinction between NCR, Complaint, FIR, and the various types of FIR

What exactly is the NCR Report?

Non-Cognizable Report, or N.C.R. Criminal offences are classified by the law of the land as either non-cognizable or cognizable. According to the current definition of “N.C.R.” in the Cr.P.C., it is an offence that is not subject to police investigation or prosecution. since it is acknowledged that police are not required to look into an NCR. As a result, the next step is to present a private complaint to the magistrate based on the NCR report. As a result, there is no need to register a second NCR; even if a third NCR is reported, the police cannot take action because it is against the law to do so.

What is an FIR?

According to Section 154 of the CrPC, FIR stands for First Information Report. In essence, it is information that was provided to the police regarding the commission of a crime. Once the FIR is filed, the police are given the authority to look into the incident and take legal action against those responsible. They have the authority to search without a search warrant for any evidence connected to the alleged crime, arrest the defendant without a warrant, and confiscate any incriminating objects or materials.

The police file a First Information Report (FIR) when they have information concerning the commission of a crime that is legally actionable. The First Information Report is a report of information that comes to the police first in time, for this reason. The victim of a cognizable offence or someone acting on their behalf typically files a complaint with the police. Anyone may make a verbal or written report of the commission of a cognizable offence.

The Indian Penal Code (IPC), the 1973 Code of Criminal Procedure (CrPC), or any other law do not define the term “FIR.” However, information documented in accordance with Section 154 of the CrPC is referred to as an “FIR” in police regulations or rules.

What is a complaint?

S.2(d) CrPC defines the word “complaint” as any accusation made orally or in writing to a magistrate with the intention of him taking action under this code against some person who has committed an offense. A police report is not included. Additionally, the offence shall be deemed a complaint if it is determined following a preliminary investigation that it is a non-cognizable offence.

Any first- or second-class magistrate may take cognizance of any offence upon receiving a complaint of the facts that constitute the offence, according to S. 190(1)(a) CrPC. Cognizance denotes that the magistrate has given thoughtful consideration to the alleged offence in the complaint. Regardless of whether the offence is cognizable or not, a private citizen may file a complaint before a qualified judicial magistrate. The Magistrate can examine the complainant and any witness under oath under section 200 CrPC. The magistrate can then issue a summons against the defendant and begin an investigation on his or her own, or he or she can order a police officer or another qualified individual to look into the case and determine if there are enough reasons to move forward or not.

Different types of FIR

 General F.I.R. :

A general F.I.R. is one that is filed at the nearest police station by the aggrieved party or the first party against another party in a general transaction.

Zero F.I.R.:

Normally, an F.I.R. is recorded with a serial number in the police station with jurisdiction over the crime’s investigation; however, a zero F.I.R. is recorded throughout India without a serial number. Following the 2012 Nirbhaya Gang Rape case, the Justice Varma committee recommended the implementation of Zero F.I.R.

Cross F.I.R. :

Cross F.I.R. is the term used when two parties file F.I.R.s against one another in connection with the same incident.

Multiple F.I.R.s:

Multiple F.I.R.s: In Surender Kaushik v. State of U.P., the court reiterated its view on the ban on filing multiple F.I.R.s for the same offence just because doing so will jeopardise the investigation. The court did this by taking all prior precedents into account. Multiple F.I.R.s won’t be filed unless the later informant provides an altogether fresh account of the suspected event.

 

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