Answer By law4u team
An FIR (First Information Report) is a formal document registered by the police when they are informed of a cognizable offense. It serves as the first step in the legal process to investigate and prosecute a criminal act. Traffic violations typically fall under non-cognizable offenses, but in certain serious cases, such as rash driving, accidents, or driving under the influence, an FIR can be filed, triggering a formal investigation.
Key Rules and Regulations:
What is an FIR?
An FIR is a report filed with the police that provides information about a crime. It is usually the first step in a police investigation and is required for the prosecution of many criminal cases.
Cognizable vs. Non-Cognizable Offenses:
A cognizable offense is one in which the police have the authority to arrest the accused without a warrant. A non-cognizable offense does not allow for arrest without a warrant and typically results in a fine or traffic penalty.
Most traffic violations are considered non-cognizable offenses, but certain violations like rash driving, drunk driving, and causing accidents are classified as cognizable offenses, making it possible to file an FIR.
When Can an FIR Be Filed for Traffic Violations?
Rash or Dangerous Driving (Section 279 IPC):
Rash or negligent driving that puts the safety of others at risk or causes a road accident can result in an FIR. If the police determine that the driving was reckless or dangerous, they can file an FIR under Section 279 of the Indian Penal Code (IPC).
This is considered a cognizable offense.
Drunk Driving (Section 185 of the Motor Vehicles Act):
If a person is caught driving under the influence of alcohol or drugs, and it leads to an accident or public disturbance, the police can file an FIR.
This is a cognizable offense and carries severe penalties, including imprisonment.
Causing Grievous Hurt or Death by Negligence (Section 338 and Section 304A IPC):
If an accident causes grievous injuries or death due to negligence, an FIR can be filed under Sections 338 (Causing grievous hurt) or 304A (Causing death by negligence) of the IPC.
These offenses are cognizable, and the police are required to file an FIR.
Hit and Run (Section 304A IPC):
If a driver involved in a road accident flees from the scene, an FIR can be filed for hit and run under Section 304A.
This is a cognizable offense, and the police can arrest the driver even if they haven't been formally charged yet.
Reckless Driving Leading to Injury or Death:
If a driver causes an accident that leads to serious injuries or fatalities, they can face criminal charges, and an FIR will be registered. Reckless driving can include speeding, jumping traffic signals, or driving under hazardous conditions.
Driving Without a License or Registration:
If a person is caught driving without a valid license or driving an unregistered vehicle, it may not immediately lead to an FIR unless it is part of a larger criminal act like causing an accident.
What Happens After an FIR is Filed?
Investigation:
Once an FIR is filed, the police are required to investigate the case. They will gather evidence, witness statements, and other relevant information to determine whether a crime has been committed.
Arrest:
In the case of cognizable offenses, the police have the authority to make an arrest without a warrant. This could happen if the driver was found to be drunk driving, causing a fatality, or engaging in rash driving.
Court Proceedings:
If sufficient evidence is found during the investigation, the police will file a charge sheet in court, and the driver will face legal proceedings. If convicted, the individual may face fines, imprisonment, or both, depending on the severity of the offense.
Compensation for Victims:
The victims of accidents resulting from negligent driving can seek compensation through legal channels, which could include claims against the driver’s insurance.
Example:
If a driver in Delhi is caught speeding and running a red light, which results in a collision with another vehicle, and causes injury to the passengers, the police can file an FIR under Section 279 (Rash Driving) and Section 338 (Grievous Hurt) of the IPC. The investigation will be carried out, and if the driver is found guilty, they may face a fine, imprisonment, and compensation to the victims.
Can an FIR Be Filed for Minor Violations?
Minor traffic violations like parking in no-parking zones, not wearing a helmet, or jumping a signal without causing harm are generally classified as non-cognizable offenses. For these violations, the police may issue a ticket or fine, but they are unlikely to file an FIR unless the violation escalates to something more serious, such as a fatal accident.
Conclusion:
An FIR can be filed for traffic violations if the violation leads to serious consequences, such as injuries, fatalities, or reckless driving. In these cases, the violation is often classified as a cognizable offense, and the police are required to investigate and take appropriate legal action. Traffic violations resulting in minor infractions are usually handled with fines or penalties, but they do not typically warrant an FIR unless they involve criminal negligence or a serious accident.
