Who is unknown in the FIR registered in Sambhal violence, can the police make you also an accused?

New Delhi: Every day new revelations are being made about the violence that broke out after the survey regarding the Sambhal Mosque in Uttar Pradesh. There was a lot of stone pelting during the violence. The police have registered seven cases in this matter, in which more than two dozen people have been named, while about 2,750 remain unidentified. The mosque of Sambhal is being claimed to be a temple. The violence had erupted during a survey over Sambhal’s mosque’s claim to be a Hindu temple. Let us understand from experts what is an unknown report, nomination or complaint in a case. Let us understand in detail.

Two categories of crimes, FIR or NCR

Advocate Shivaji Shukla in Saket Court says that crime in India is divided into two categories. The first is a cognizable offense and the second is a non-cognizable offence. Cognizable crime means heinous crimes like murder, robbery, rape, dowry harassment etc. FIR is registered in relation to such crimes. At the same time, non-cognizable crimes are those which are not heinous. That is, NCR is registered in relation to crimes like minor assault, fights, abuses etc. NCR in police diary means non-cognizable crime information. This is information to be entered in a register.

What is FIR and what is it called?

According to Shivaji Shukla, First Information Report (FIR) is also known as FIR, case and prosecution. First Information Report or FIR is a written document regarding a (criminal) incident. The police writes an FIR when it receives information about a cognizable offence. This information is often lodged with the police in the form of a complaint by the victim of the crime. Any person can lodge an FIR orally or in writing with the police regarding any crime.

What does FIR against unknown mean

According to Advocate Shivaji Shukla in Saket Court, Delhi, FIR against unknown means that the police has registered information about the crime even though the identity of the perpetrator is not known. FIR i.e. First Information Report marks the beginning of the criminal justice process. It is a written document. This includes information related to the crime such as date, time, place and identity of the accused (if known).

An unknown person is always reported, not an FIR.

According to Shivaji Shukla, unknown means the incident has to be reported. An unidentified report is made under Section 155 of CrPC, no case is registered. Because, it is not known who is the perpetrator of the incident. A case will be registered only if it is a cognizable offence. Then FIR is registered under section 156. Section 173 of the Indian Judicial Code is used to register an FIR under the Indian Civil Defense Code. Section 173 of BNS has provisions like information related to cognizable offence, special provisions for women and disabled, giving copy of recorded information, preliminary investigation and research.

Why do police file cases against unknown people?

Advocate Shivaji Shukla in Delhi’s Saket Court says that a case is filed against an unknown person because in a crime case, a case can be registered even if the culprit is not identified. If a person makes a false complaint, he/she may face legal punishment. If a person corruptly presents as true evidence any evidence which he/she knows to be false, he/she may also be punished. If a person makes a false complaint to waste the time and resources of the police and court, he/she can be jailed for up to seven years or be fined.

Under which sections FIR is lodged, what is the process

FIR is registered under Section 154 of the Indian Criminal Procedure Code 1973. First Information Report is filed when a cognizable offense occurs. The procedure for filing FIR is explained in Section 154(1) of CrPC. Cognizable offenses reported orally or in writing must be written by the police officer. Now a minor change has been made in this process in the Indian Judicial Code. This is recorded in section 173.

How is FIR registered, what is the investigation?

FIR or NCR is filed in two ways, one named and the other unknown. In such a situation, when we know the name and address of the person who committed the incident, then we can file a case against that person with his/her name and address. At the same time, in such a situation when we do not know the name of the culprit, then an unknown FIR is registered. For example, if a robbery takes place somewhere, then in such a situation when we do not know who the culprit is, then first of all the police register an unknown FIR. . After this the police starts investigation. With this, the police gather evidence in the investigation column to ascertain who actually is the culprit.

What is nomination and who is it against?

Shivaji Shukla explains that nominated means that if A kills B, then a nominated FIR will be registered against A. This means that when we know the name of the criminal and while filing the FIR, the name of the criminal is recorded in it, then he/she is considered named.

Police cannot add or subtract anything from the FIR

According to Advocate Shivaji Shukla in Delhi’s Saket Court, the police officer cannot add or subtract anything from this report i.e. FIR. The person making the complaint has the right to have the FIR read out to him/her. After registration, a copy of the FIR is given to the victim free of cost. It is also mandatory to get the signature of the complainant on this. Also, the police cannot make anyone an accused out of ignorance. Making the accused an unknown person would mean that he/she would have to write this in the charge sheet, which would be wrong. Such cases do not stand in court. In some cases the police may do this out of threat.

Where can one go if FIR is not filed?

Filing an FIR is a constitutional right. The police should immediately register an FIR when they get information about any kind of crime. After the FIR is registered, the police starts investigating the case. The copy of the FIR should have the seal of the police station and the signature of the police officer. If the police refuse to register an FIR, a written complaint should be made to the superior officers. If an FIR is not registered even after being asked by a senior officer, an application can be filed in the court of Metropolitan Magistrate under Section 156(3) of the Code of Criminal Procedure.

What is the difference between complaint and FIR

According to CrPC, a complaint is in the form of any written or oral allegation made to a magistrate. This does not include the police report. At the same time, FIR is a record which is made by the police after confirming the facts of the complaint. The FIR may contain information about the crime and the accused criminal.