EDITORIAL
In Pakistan, FIR stands for First Information Report, which is a written document prepared by the police when they receive information about the commission of a cognizable offence. The FIR is necessary to set the criminal law in motion and begin the investigation process.
The procedure for filing an FIR is laid down in the Code of Criminal Procedure (CrPC), which is the primary legislation governing criminal procedure in Pakistan. Section 154 of the CrPC deals with the registration of FIRs. According to this section, any person who has information about the commission of a cognizable offence can give that information to the police, either orally or in writing. The police are then required to reduce the information to writing and read it to the informant, and the informant has the right to demand a copy of the FIR free of cost.
Sections 155, 156, and 157 of the CrPC deal with the investigation process after registering an FIR. Section 155 provides for searching for a person suspected of having information about a cognizable offence, while Section 156 empowers the police to investigate such an offence. Section 157 requires the police to send a copy of the FIR to the Magistrate with jurisdiction over the case.
It is essential to note that the registration of an FIR does not necessarily mean that the accused person is guilty of the offence alleged. The police must conduct the investigation process, and if sufficient evidence is found, the case will be sent to trial according to section 173 of CRPC.
In Pakistan, a person against whom an FIR has been registered can take several legal steps to counter it. Here are a few options are as following:
- Apply for pre-arrest bail:
If a person fears that he will be arrested after registering an FIR, he can apply for pre-arrest bail. This legal remedy can be sought before arrest to prevent the police from arresting the person named in the FIR. The application for pre-arrest bail can be made to the Sessions Court or the High Court, depending on the nature of the offence.
- Challenge the FIR in court:
A person can challenge the FIR in court if he believes it is baseless or false. The court can quash the FIR; however, this relief is an exception, not a norm.
Furthermore, if you are facing a First Information Report (FIR) in Pakistan, it is vital to understand the legal process and your rights. Here are some steps you can take to tackle an FIR legally in Pakistan:
- Understand the FIR:
An FIR is a written complaint filed by the police to initiate an investigation into a criminal offence. It contains details of the offence, the complainant, and the accused. Please obtain a copy of the FIR and carefully read it to understand the allegations against you. - Seek legal assistance:
It is crucial to seek legal counsel as soon as possible. A lawyer can guide you through the legal process and represent you in court. You can also seek legal aid from the government if you cannot afford a lawyer. Then, you can also proceed with your case; however, one should proceed with one’s case if one understands the substantive and procedural laws. - Apply for bail:
You can apply for bail to be released from custody if you have been arrested. Your lawyer can file a bail application in court. Before deciding whether to grant bail, the court will consider several factors, such as the seriousness of the offence and the likelihood of you fleeing or tampering with evidence. - Attend court hearings:
Attending all court hearings and complying with court orders is essential. Failure to do so can result in additional charges or penalties. Hence, adhering to court procedures and fighting your case on merit is significant. - Defend yourself in court:
Your lawyer will defend you in court and cross-examine the prosecution’s witnesses. You may also be able to testify in your defence and call witnesses to support your case. - Appeal the verdict:
You can appeal the verdict to a higher court if you are found guilty. Your lawyer can file an appeal on your behalf, and the higher court will review the case and make a decision.
It is important to remember that the legal process can be lengthy and complex, and seeking legal assistance as soon as possible is crucial. Lastly, it is also critical to cooperate with the investigation officer and prove your case on merit. Most of the accused face FIRs emotionally, then it is also essential to fight the case according to legal procedures and laws.
