What can the Online FIR be Lodged against in Pakistan?

Online FIRs (and normal FIRs) can be lodged against 2 types of crimes (but do note that we can lodge an Online FIR only once a lawyer from our panel is actively engaged on behalf of our client, and not for free) –

1. Cognizable Offence:- A Crime wherein the Police do not require instructions from the Court (or a warrant) to arrest and detain someone, or to proceed with registering the FIR/Investigating the Matter further.
2. Non-Cognizable Offence:- A Crime where the Police have no authority to arrest or detain anyone without a warrant, and would need a Court Order to Investigate the matter.

The Police must register the FIR without any delay or excuses which can lead to disciplinary actions for the Officer involved if found not doing so. When an application is presented to the Police Station and is submitted, it is then assigned to an Investigating Officer (ie ASI or TASI, etc) who then proceeds to investigate the matter.

What to Mention in the FIR Application

When submitting your application to the Police, you must include the following information:-

• Your Name, CNIC Number/Identity details, Address, Father’s name (if known) or Husband’s Name
• Date, Time, and Location of the offense
• Detailed facts of the offense
• The people involved in the offense (if known)
• Your Signature and/or Thumb Impression

The FIR Application can be drafted by yourself, or the Police Officer (Usually an Admin Officer in the Police Station) in English or Urdu.

First Information Report must be registered promptly; the sooner it was lodge after the incident the more reliability it had…. Delay of 2/3 hours in lodging an FIR could be fatal to the prosecution case in some cases— Delay in lodging FIR, gave time to the complainant’s side to concoct a false story in order to fix another or to ensure that they would not be entrapped in the offence.

MLD 2020 952

Lodging an FIR whilst Abroad

Some of our clients come to learn of criminal activities that they have suffered from whilst they are abroad, or remotely, that took place in Pakistan. The Laws of Pakistan do not restrict victims from lodging FIRs when they are not in Pakistan, but the process can be challenging to understand. We can also assist in this, just get in touch to find out more.

Several Pakistani provinces, like Punjab and Sindh, offer online FIR filing portals. In regions where online portals aren’t available, consider sending the drafted FIR via email or registered post to the designated police station. Ensure you have confirmation receipts for both methods.  If online or postal avenues seem complex, consider authorizing a trusted individual in Pakistan, like a relative or friend, to submit the FIR on your behalf. Grant them a notarized power of attorney for this purpose.

Reporting the Theft of a mobile phone

To report the theft of a mobile phone, simply go to your nearest police station and write down

• Where your phone was last with you
• Its make and model
• The IMEI Number (this is a 15-digit number and is usually on the box of the phone, and it can be seen on your phone when you dial *#06#)
• How you lost your device (i.e. did you drop it, was it taken from you by snatching/robbery etc)
• What other possessions have gone missing as well
• Your Phone Number
• A request to track it via CDR

This FIR can be used to make claims for insurance purposes (if your phone is insured) so make sure the details are accurate. It is also a good idea to change your Google or iPhone password (which may be accessible by the phone) as well as contact your service provider (i.e. Ufone, Jazz, Telenor, etc) to block your SIM and to issue you a new one from your nearest Franchise.

What to do if your FIR is not being lodged?

On certain grounds, the police could refuse to lodge an FIR if:-

• The Case is not serious
• The Police feel that there are not enough grounds or evidence to investigate the matter
• If the Police are over-burdened with more serious cases

In such cases, you can report this to a higher-ranking officer (Usually the DSP or SP, in Punjab you can do this by dialing 8787) or you can approach the DIG or IG.

If an FIR is falsely attempted/claimed, this would be punished under S 182, and the FIR would need to be quashed via Court Proceedings. We can offer assistance here also.

If an FIR is not lodged or is being delayed unnecessarily, after exhausting the above-mentioned procedures, you may file an Application to the Justice of Peace (under Section 22-A / 22-B) to file the FIR or to expedite the process. This is where our Criminal Lawyers can assist you further.

Delay in lodging of first information report. Effect. Unexplained delay in lodging FIR creates serious doubt on the authenticity of prosecution version.

2019 _ PCrLJ 1627

How can we assist you with your Online FIR

We can assist you by providing you with a Criminal Lawyer in Pakistan, who can

• Assist with drafting and Submitting the initial application before the Justice of Peace or Police Station
• Accompany you when you visit the Police Station (whether you are the Complainant or Respondent)
• File the Case before the Justice of Peace to Submit the FIR under 22ab
• Continue with the Legal Proceedings of the FIR, either as Defense or as Prosecution

Please note, this service is not free. To submit an FIR for free, you would need to go to the relevant Magma (Such as the FIA, Police, etc) and submit an application there.