Trauma while Filing an FIR

“Hello there! I’m here to provide you with a bit of information on navigating trauma while filing a First Information Report. I would like to remind you that suggestions on this post should not be taken as medical advice, legal advice, therapy, etc. or as a one-size-fits-all approach.  Keep in mind that every individual’s journey of  experiencing and navigating through stress or trauma is distinctive because you are one of a kind and no person is truly like you!  Experiencing abuse in any form is NOT OKAY, but what you are experiencing as a result of abuse is valid.  Please know that healing is not a formula and is not for anyone else to define for you. You do you, and you follow all that you need to follow, to help yourself. If you need additional resources or just someone to talk to, feel free to reach out to Imaara Foundation."

What does filing and FIR involve?

The first step in initiating proceedings against sexual violence is to start by filing a First Information Report (FIR) at the police station in the vicinity of either where the offence took place, or, where the person who faced the crime resides.

The FIR should contain every bit of information pertaining to the crime, in this case, sexual violence. It must be signed by the informant and the officer should record the FIR’s filing in a book maintained for this specific purpose. An informant is entitled to receive a copy of the FIR free of cost.

Can I file an FIR at anytime?

Usually, while it is advisable to file the FIR at the earliest, delays are condoned if you can show sufficient cause to explain the delay.

What happens once the FIR is filed?

After the FIR is filed, if there is enough evidence for the case to proceed, a challan is prepared. If there is insufficient evidence, the First Information Report is declared as Untraceable. When the First Information Report is found to be false, it may be cancelled altogether. The conclusion that it is found to contain a false report can be drawn only upon a thorough investigation. If an FIR is transferred to another Police Station on the grounds of jurisdiction, it is declared cancelled in that particular station, and its validity continues in the transferred station.

What happens once the FIR is registered?

After filing a sexual violence case and registering the First Information Report, its contents cannot be changed. Only the High Court can quash the First Information Report. When the police records your complaint in the case of a Non-Cognizable offence, he gives you a document called an “NC,” which is the Non-Cognizable Complaint Record. Once an allegation of sexual violence has been filed with the police, the police register the FIR and launch a prima facie investigation. Based on the evidence of the investigation, the Police will arrest the accused and file the charge sheet before the appropriate Court. The State Prosecution takes the case on your behalf from then onwards, though you are well within your right to have your own lawyer assist the State Prosecutor.

How can I track the status of my FIR?

Offline:

Enter the following details:

• complaint/FIR number

• name

• district

• police station

Online:

1. log on to the official state police website

2. Example: For a complaint filed in Delhi, the complainant can log on to the Delhi police official website, click on the option for ‘citizen services’ and choose among various options like ‘view complaint status’, ‘view FIR’, ‘theft e FIR’ etc.

What can I do if I am not able to access the progress of my complaint/FIR?

Contact the senior official of the police station or file a Right to Information (RTI) applies to the Station House Officer (SHO) of the police station to seek knowledge about the progress of your complaint.

The application should contain the:

• name

• address of the complainant

• Daily Diary number/FIR number

• description of the information required if the information is required by post or in person etc.

A sample of the RTI application can be found here.

What are some trauma-inducing events that could occur during these stages?

1. As this is the initial stage in the process, fresh after the crime occurred, one may be facing rather high degrees of trauma. At this stage, you may still be processing some of the things that happened, and still perhaps figuring out your options.

2. At this point, you may also wonder who you can rely on as a trustworthy source of advice and information.

3. There may also be some fear around going to the police: which is completely understandable, given that the police may not necessarily be empathetic in responding to your needs or handling your case.

4. You will be asked for all the details of your case: oftentimes with questions that do not prioritize your safety or well-being, and oftentimes, in ways that may make you feel uncomfortable, or possibly even triggered.

5. The police may be very insensitive in their language, their questioning, and even bring the abuser before you, forcing you to relive the trauma. They may also assume the lack of knowledge of the law on your part, and possibly not file an FIR or give you an NC, or may even demand a bribe. This would mean having to go to the District Magistrate, which may traumatizing.

How can I handle trauma during this phase?

1. When you have an idea to pursue legal action, it would be a good idea for you to set up a safety net before you go to the police. That safety net can look like a bunch of trusted friends or family members, or a therapist and a lawyer who you trust, or even case workers and support organizations with empathetic staff at your disposal.

2. It would be a good idea to make notes of your case in as much detail as possible, so that while you’re with the police, if you find yourself feeling anxious, unsure, or scared, you can always fall back on your notes.