How to file an FIR
An FIR can be registered at any police station. The report will then be transferred to the station it concerns. Additionally, the complainant need not be physically present to start the process of lodging an FIR- she can call or send an e-mail.If the woman is mentally or physically disabled, either temporarily or permanently, the police officer must go to her home
or a place convenient for her to register the complaint. If the offence registered is rape, the same procedure is applicable.
rape & gang rape, the report must only be recorded by a woman police officer.
What is the Process ?
The right to report is yours. And there are provisions in place to help you exercise this right.
Can the Police refuse to file an FIR?
No. Under no circumstances can you be refused the right to file an FIR.
There are laws in place to protect this right—police personnel can face a penalty of up to two years of imprisonment for refusal to file an FIR. If a police officer or police station refuses to register an FIR you can appeal to a higher authority (for instance an SP or DCP). If they refuse, then go to a magistrate (for example District Magistrate, Chief Judicial Magistrate or Chief Metropolitan Magistrate)
What happens next?
Once you receive a copy of the FIR, the Investigating Officer should produce the survivor in front of a magistrate to record their statement within 24 hours. Technically, the investigation starts as soon as the FIR is registered. After the investigation, if the police believe there is enough evidence for the suspect to be prosecuted, a charge sheet will be filed.You are entitled to a court-appointed lawyer, however it can be helpful to consult your own lawyer help you through the next steps. Just make sure you take a copy of your FIR along for the lawyer to review. The survivor can get updates on the status of investigation from the Investigation Officer. But don’t wait to hear back. Take the initiative and follow up with the police to stay informed.