Yes, in certain circumstances, it is possible for someone to register a First Information Report (FIR) on behalf of another person who is unable to do so themselves. Here’s a detailed explanation of when and how this can be done:
Circumstances Where FIR Can Be Registered by Another Person
- Legal Guardian or Next of Kin:
- If the person who needs to file the FIR is a minor, mentally incapacitated, or otherwise unable to do so, their legal guardian or next of kin can file the FIR on their behalf. This is typically done to ensure that legal action is initiated promptly.
- Authorized Representative:
- In cases where the person is physically unable to go to the police station or communicate effectively, an authorized representative can file the FIR. This representative must have explicit authorization from the individual to act on their behalf.
- Third-Party Witnesses:
- Sometimes, a third party who witnesses a crime against someone else can also file an FIR to report the incident. For instance, if someone witnesses an assault on a person who is incapacitated, they can file the FIR to report the assault on behalf of the victim.
Procedure for Registering an FIR on Behalf of Another Person
- Authorization Letter:
- If you are filing the FIR as a legal guardian or authorized representative, you may need to provide an authorization letter or document that proves your relationship or authority to act on behalf of the person.
- Details and Statement:
- Provide details of the incident to the police, including the name and address of the person on whose behalf you are filing the FIR. Provide as much information as possible to help the police investigate the matter.
- Police Verification:
- The police may verify the facts and circumstances surrounding the filing of the FIR, especially if it is being filed on behalf of someone who is unable to provide a statement themselves.
- Legal Implications:
- Understand that filing a false or misleading FIR, even on behalf of another person, can have legal consequences. Ensure that the information provided is accurate and backed by evidence if possible.
Documentation and Evidence
- Medical Reports or Certificates: If the person is incapacitated due to medical reasons, providing medical reports or certificates may support the filing of the FIR.
- Witness Statements: If witnesses are available who can corroborate the incident, their statements can strengthen the FIR.
Conclusion
Filing an FIR on behalf of another person who is unable to do so themselves is permissible under Indian law, provided that there is a valid reason for doing so and proper authorization or relationship is established. It ensures that incidents of crime or wrongdoing are reported promptly and investigated by law enforcement authorities.