Any delay in registration has to be adequately explained. When? The FIR has to be registered at the earliest point of time after the incident. The complaint is sent to the Judicial Magistrate for action. For non-cognizable offences, such as bigamy or defamation, the police cannot arrest without a warrant and thus cannot register an FIR. Examples of cognizable offences include murder, rape, theft, attack, etc. What crimes? The police can register FIRs only for cognizable offences - where the police have the power to arrest without a warrant.
In case of theft or damage to property, an FIR is necessary to claim insurance or protect yourself from any liability arising from the misuse of your property. Why? An FIR is the document that initiates criminal proceedings to punish the guilty. Who? An FIR can be lodged by the victim, a witness to the incident, or any person with knowledge of the incident. The FIR is the first and the most important document to initiate criminal proceedings. Like Ranjani, most of us don’t know what to do next in situations like this.
Ranjani was asked to go the police station and file a complaint. One neighbour managed to grab a hazy photo of the car on his cell phone, with which they could identify the model and number. By the time the neighbours heard her screams and came to help, the two escaped in a car parked downstairs. They had then robbed her gold chain and diamond earrings. Two men had rung the bell claiming to be from a courier service, and had barged into the house. One evening, returning from work, she found her grandmother injured and frightened. But how about the steps involved in initiating criminal proceedings? Ranjani lived with her grandmother.
In my last column, I spoke of the rights of an accused at the time of arrest.