Filing FIR

Ezahar is an official written text by which an aggrieved person can initiate criminal proceedings against alleged offender/s. Filling an Ezahar in Police station/Thana is the formal way to notify about the happening of an offence to police primarily. For this reason, it is also called as First Information Report (FIR). Moreover, it is one of the cardinal documentary evidence to convict the culprit. It contains detail description about committed cognizable offence. You can file an FIR only in case of occurrence of a cognizable offence and cognizable offences are those, for which police can arrest anyone without warrant. Normally, these are grievous type of offences and specified in schedule II of the Code of Criminal Procedure, 1898.

FIR could be oral or written, in case of verbal complain concern police officer is obliged to write it down in prescribed BP 27 form without any cost and read it out before the litigant. If he finds any discrepancy between his narration and police written report then the police officer would adjust that controversial portion as per the direction of the informant and finally the complainant has to sign at the end of the statement. On the contrary, a petitioner can submit a written application, which contains detail of his grievance and all other pertinent information regarding the offence before the duty officer to put it down into the prescribed form. Alternatively, if police declines to receive the case the pursuer can file his complain before magistrate.

Any person can file FIR; need not be an affected person. Police can take cognizance and start investigation after getting information even if the news is not exhaustive. However, Ezahar is a crucial instrument to ensure fair criminal justice. Most of our populace is uneducated and ignorant about law. Hence, they cannot file FIR accurately without taking aid from middleman. Though these middlemen are not witnessed the incidents directly, hence there arise a possibility to lose the case. Because, Ezahar is the foundation of a GR case. It is one of the elementary documents to establish prosecution case against accused. Hence, it must be comprehensive and well written & prepared. A fault free FIR contains each and every indispensable substance relating to the committed offence which includes i) name and detail address of the alleged offenders, if known; ii)  broad and flawless recitation of offence together with individual involvement; iii) at least approximate time and  specific date; iv)  exact place of occurrence; v) distance of police station from place of occurrence; vi) description about suspect offender; vii) sequential description of every activity of offenders viii) relevant circumstances after the incident; ix) description about witness and their contribution; x) any previous linkage, history or threat to commit the offence; xi) sketch of injury or lost properties and other losses; xii) depiction of medical treatment of victim; xiii) reason of delay to file the case, if happen and finally insert a safety clause to add other relevant information latter. These all must write legibly and clearly without any ambiguity. Indeed, criminal proceeding has no time bar; however, a justification to this point makes the case stronger.

There are five copies of Ezahar, among them original copy will sent to court, first carbon copy will sent to concern police super, duplicate carbon piece will deposit in filing Thana and additional paper copy will sent to circle assistant police super and rest copy will provide to the informant. After receiving information regarding commission of cognizable offence by any means e.g. Phone, fax, email or even by newspaper report, police is obligated to inaugurate investigation immediately. In accordance with S. 243, 243(f) & 245 of the Police Regulation of Bengal, 1943 and S. 154 of the CrPC, police cannot refuse to take Ezahar to testify the genuineness of fact. In addition, Ezahar clutches enormous evidential value to proof the allegation against accused. Apart from this, police primarily takes required steps to punish the offender on the basis of FIR. Hence, a little loophole in Ezahar can annihilate the whole case. Consequently, it could be said that a faultless FIR has great impact on our criminal justice system to ensure people’s right to get justice.  

Published in the Independent on 21.07.2013 at Free For All, P. 12

Published in Dhaka Tribune on 09.07.2013 at P. 5