Can Fir Be Anonymous?

Imagine that you witnessed a crime being committed or that you knew someone was going to commit a crime. You want to report the crime to the police so they can put an end to it or stop it from happening because you are terrified. As a law-abiding citizen and human being, you believe it is your duty to report the crime and pursue legal redress. Anyone might be the culprit here. To report a crime or an apprehension of one, all you need to do is file a First Information Report (FIR).

What is an FIR?

• A First Information Report (FIR) is a formal document that the police draft after learning of an offense that is punishable by law.
• The First Information Report gets its name from the fact that it is a report of information that is received by the police initially.
• In most cases, the victim of a crime that is punishable by law, or someone acting on their behalf, files a complaint with the police. A cognizable offense may be reported verbally or in writing by anybody.

Anonymous FIR: About

• FIRs that are anonymous do not include the complainant’s name or address.
• An anonymous FIR that, if accurate, would not or could not result in criminal proceedings against an individual will be deemed unsubstantiated if management promptly investigates the matter and finds no supporting documentation. 
• An unfounded FIR cannot lead to the filing of a disciplinary complaint.

Anonymous FIR: Benefits

Unbiased Information: 

Maintaining anonymity guarantees that there are no preconceived notions or biases when the investigative process begins. It enables detectives to concentrate on the facts rather than the persons.

Victim Support Services 

Delivering witnesses and victims of crime full support services, which include guidance, legal assistance, and safety security measures, helps alleviate their fears and gives them the opportunity to engage in part in the criminal justice system.

Protection for the Vulnerable Victims

For victims who worry about facing retaliation or other adverse consequences for reporting or filing an FIR, anonymous FIRs provide a secure channel. More people are urged to express their concerns as a consequence of this protection.

Misuse of Anonymous FIR

Information Verification 

The procedure of verifying the details in the FIR can become more challenging in situations involving anonymity, which might end up in allegations that are false or misleading.

Due Procedure

The right of the person being charged to appear before their accuser, which is a foundation of the criminal justice system, is referred to into question through anonymity.

Misuse and Exploitation 

Individuals with malicious intentions may misuse or exploit the anonymity provision, which might end up in unsubstantiated accusations of abuse.

Investigation Challenge

Law enforcement officials could discover it more challenging to obtain additional information or verify evidence if they choose to remain anonymous.

Everyone is required by Section 39 of the Criminal Procedure Code 1973 to provide or register FIR on specific offenses. In practical terms, though, it is rather challenging because police are typically reluctant to report such incidents. In actuality, it depends on the specifics of the accusation.

The police may register a formal complaint if, for example, an anonymous FIR is being filed against a flagrant injustice of which even they are aware. Actually, naming the person in the FIR simply lends credibility to the information being reported.

Furthermore, one of the primary concepts of the Indian legal system is the right to a fair trial. Anonymity in FIRs can render it more difficult to gather information and conduct investigations, particularly when the person being charged has no way to effectively dispute the accusations or face their accuser. To avoid inequalities, it must be achieved to strike a balance between the right to privacy and the expectations of due procedure.

Therefore, you will need the help of a lawyer to know whether an anonymous FIR in your case has to be suitable for your case or not.

One can talk to a lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.