Home | Legal Advice | Criminal Law | Fee for FIR: Do I have to pay any fee for lodging FIR?

Fee for FIR: Do I have to pay any fee for lodging FIR?

Question: Whether I have to pay fee for the recording of first information report (FIR)? As per my information it is responsibility of the police officer to register FIR after receiving information. My friend said that he has paid a fee for the lodging FIR and it is a process fee. Please clarify this point.
Question in: Criminal Law
advocate shivendra

Shivendra Singh

Advocate

High Court Lucknow

Reading Time:

Section 154 of the Code of Criminal Procedure 1973 provides a procedure for lodging an FIR. There is no fee or charge for FIR (first information report) of a cognisable offence. The officer incharge of the police station shall record the information about a cognisable offence without any fee. The police officer, however, gives a copy of FIR to the informant at the free of cost.

Giving information about cognisable offences is the duty of the citizen. Section 39 of the code of criminal procedure casts a duty upon the person to inform the Magistrate or police officer about commission of cognisable offence. The government plays the role of prosecution in the criminal case. Hence, the government has obliged the person to furnish information of cognisable offence. Demand of money for FIR will frustrate the object of section 39 crpc.

No fee for FIR

Section 154 crpc therefore, does not require any fee or charge for the FIR. FIR sets the criminal law in motion and enables the police officer to start investigation. During the course of investigation, the police officer (investigating officer) proceeds to the place of occurrence, collects evidence and arrests the accused. Thus information i.e. FIR is a significant document.  

Also read: What is the procedure for recording of FIR

If the police officer demands any fee or money for the recording of an FIR, the informant should send the substance of the information to the superintendent of police (SP) by a registered post. The SP upon receiving the information, either himself investigate the offence or depute a subordinate officer for investigation. So, the officer in charge of the police station is not the sole person authorised to register FIR. 

Any demand of fee or charge for FIR is amount to gratification and is an offence under the Prevention of Corruption Act. Thus do not give money to the police officer for the recording of FIR. The police officer is bound to register FIR if information discloses cognisable offence. Thus he cannot demand money for lodging of FIR.

Recent Advise

I constructed my house on the written permission of NHAI : How to protect its demolition?

As per Karnataka state government laws building to be constructed 40 metre away from the centre line of national highway’s road. When we approached the NHAI, engineer provided conditional approval about building construction. He took written statements saying that the owner will not receive compensation for demolition of his building if the NHAI would demolish his building during road widening. We started building construction after getting approval from NHAI. Now the Karnataka high court bench has upheld the government’s law about 40 metre. The court has directed the authority to take action. Could you please guide how we can proceed now.

An agreement to sale holder has dispossessed me forcefully

I bought the immovable property through a registered sale deed. Before purchasing the immovable property the seller made an unregistered sale agreement with another one and gave him the possession of the property. But later on the person who made a sale agreement did not act as per sale agreement. So the original owner of the property sent him a notice for cancellation of the sale agreement. After that I purchased the said property through the registered sale deed and I took possession of the said property. Now that unregistered sale agreement holder files a suit under specific performance and forcefully took the possession of said property. Now matter is pending in court so my question is whether I can lodge the FIR against the unregistered sale agreement person for trespass offence?

Kanoonirai established in 2014. It provides a facility to consult a lawyer through online media, telephonic consultation and video conferencing.

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54