Registration of FIR in Pakistan: Procedure and Legal Remedies
A current guide to FIR registration in Pakistan under section 154 CrPC, what happens after a cognizable complaint, and remedies when police do not register the case.
Registration of FIR in Pakistan Under Section 154 CrPC
The First Information Report is the formal starting point for police investigation of a cognizable offence. Section 154 of the Code of Criminal Procedure, 1898 provides that information relating to the commission of a cognizable offence, when given orally to the officer in charge of a police station, is reduced to writing, read over to the informant and signed, with the substance entered in the prescribed record.
An FIR records the initial information; it is not a judgment and does not by itself prove guilt. The investigation and later court proceedings determine what evidence supports or contradicts the allegation.
How the FIR Registration Process Works
- Give the police a clear factual account of the alleged cognizable offence.
- If the information is oral, it is reduced to writing under section 154 and read back to the informant.
- The informant signs the recorded information after checking its accuracy.
- The police register the information in the prescribed record and begin the lawful investigation process.
- The complainant should preserve the FIR copy, complaint documents and relevant evidence for follow-up.
What If Police Refuse to Register an FIR?
A refusal or failure to register a criminal case can be challenged through the remedies available under law. Section 22-A(6) CrPC provides that an ex-officio Justice of the Peace may issue appropriate directions to the police authorities on a complaint regarding non-registration of a criminal case. The same provision also covers complaints concerning transfer of investigation and neglect, failure or excess by police in relation to their functions and duties.
This is an important correction to older online material that describes a section 22-A/22-B non-registration application as being filed before a Judicial Magistrate. The statutory jurisdiction is tied to the ex-officio Justice of the Peace. The relevant Sessions Judge or nominated Additional Sessions Judge may exercise that role under the applicable framework.
What Information Helps a Non-Registration Complaint?
Useful material can include the written complaint submitted to the police, proof of delivery or diary entry, identity information, any police response, documents or electronic material supporting the occurrence, medical record where relevant, and details showing why the alleged facts disclose a cognizable offence. The exact evidence depends on the case.
False or Exaggerated Allegations
The FIR process should not be used to manufacture a criminal case, settle a private score or deliberately provide false information. Criminal liability can arise under applicable penal provisions where a person knowingly supplies false information or makes a false accusation. At the same time, the mere fact that an allegation is disputed does not permit either side to treat the FIR as a final determination of guilt.
After the FIR Is Registered
Police investigate the case, collect available evidence and submit the appropriate report to the competent court. Bail, remand, trial and other issues then arise according to the offence and procedural stage. For case-specific assistance with non-registration or related police action, see our FIR registration service. If prosecution follows, our criminal trial service may also be relevant.
Frequently Asked Questions
What law governs recording information about a cognizable offence?
Section 154 of the Code of Criminal Procedure, 1898 sets out the basic recording process for information relating to a cognizable offence.
What remedy is available for non-registration of a criminal case?
Section 22-A(6) CrPC empowers an ex-officio Justice of the Peace to issue appropriate directions to police authorities on a complaint regarding non-registration of a criminal case.
Does an FIR mean the accused is guilty?
No. An FIR initiates investigation. Guilt or innocence is determined through the legal process on the basis of admissible evidence and a fair trial.
