Legal Question in Criminal Law in Pakistan
is it easy to register fake FIR about kidnapping. if it happens so what laws can be applied and what actions may be taken against the person who applies the fake FIR of kidnapping. second, which points are necessary to register an FIR about kidnapping?
2 Answers from Attorneys
First Information Report. Police is bound to record the version of complainant, whether is right or wrong, if from the contents of the application a cognizable offense is made out then police is duty bound to registered the FIR. It is the duty of Investigation officer to find the truthfulness of the occurrence.
if a false FIR registered against you You have two remedy.
Criminal proceedings under sec 182 Cr.Pc.
and u can file a suit for damages etc in civil court .
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Following are the essentials to get the FIR registered
1. Information is construed as the earliest communication or intimation of crime to the state agency,
2. To set it in motion to under take investigation.
3. Such information irrespective of its brevity or length has to convey the relevant information pertaining to the nature and place of occurrence including description of victim of violence.
Under section 154 of Cr.P.C the information about commission of cognizable offence shall be reduced in to writing signed by person giving this information and substance shall be entered in book.
Prior to registration of FIR, a report in daily diary of police station is recorded. Number, time and date of such report are specially mentioned in column 1 of FIR. Another report is entered after FIR is recorded and is allocated an independent number in the register.
Remedies against the false FIR
1. The proceedings under section 182 of Cr.Pc.
2. Suit for damages etc in civil court .
3, Proceedings under Section 169, 551, 63,190,249-A and 265-K Cr.P.C.
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