FIR Registration in Nepal - BY

FIR Registration in Nepal

A First Information Report (FIR) is a written document prepared by police officials in Nepal based on a complaint filed by the victim or witness regarding a cognizable offense. It sets the criminal justice process in motion by recording the initial details of the crime.

In Nepal, the registration and investigation of crimes are governed by the National Criminal Procedure Code, 2017 (2074 BS) and administered by the Nepal Police. This guide outlines the legal framework, procedural requirements, and step-by-step methods for filing an FIR in jurisdictions including Kathmandu and across the country.

Table of Contents

  1. Governing Laws & Authority
  2. Who Can Initiate/Apply?
  3. The Step-by-Step Process
  4. Comparison of Complaint Methods
  5. Required Documents Checklist
  6. Key Factors, Costs, and Legal Obligations
  7. Timeline and Time Required
  8. Conclusion

Governing Laws & Authority

The authority to register an FIR in Nepal is derived exclusively from the state through the Nepal Police. The primary legislation governing this process is the National Criminal Procedure Code (NCPC), 2017.

  • Regulatory Body: The Nepal Police, specifically the Metropolitan Police Circle (in Kathmandu) or the Area Police Offices in other districts.
  • Legal Mandate: According to the NCPC, if a police officer receives information about a cognizable offense (a serious crime where police can arrest without a warrant, such as theft, assault, or murder), they are legally bound to register the FIR. There is no scope for refusal if the disclosure reveals a cognizable offense.

Who Can Initiate/Apply? (Eligibility)

Under the laws of Nepal, the right to report a crime is broad to ensure justice is accessible. The following individuals are eligible to file an FIR:

  • The Victim: The person against whom the offense has been committed.
  • An Eyewitness: Anyone who has directly seen the commission of the crime.
  • A Guardian or Parent: If the victim is a minor or mentally unsound, the parent or legal guardian can file on their behalf.
  • Anyone Acting on Behalf: If the victim is unable to file due to physical incapacity (e.g., hospitalization) or fear, any person aware of the offense may file the complaint.
  • Police Officers: A police officer who becomes aware of a cognizable offense can file an FIR themselves (often called a Station Diary Entry or GD that converts to an FIR).

The Step-by-Step Process (The Core)

Filing an FIR in Nepal involves three distinct phases. Whether you are in Kathmandu or a rural district, the standard procedural protocol remains consistent.

Phase 1: Preparation and Visit

  1. Identify the Jurisdiction: Go to the police station having jurisdiction over the area where the crime occurred (e.g., if the crime happened in New Road, Kathmandu, go to the local Metropolitan Police Circle).
  2. Prepare the Statement: Write down the exact sequence of events, including dates, times, names of accused (if known), and witnesses.

Phase 2: Filing the Complaint

  1. Approach the Duty Officer: Ask to speak to the Inspector or the Station House Officer (SHO) on duty.
  2. Dictate or Submit the Statement: You can narrate the incident, which the officer will write down, or you can submit a written complaint.
  3. Review the Entry: Ensure the officer records your information exactly as stated. You have the right to request corrections if there are errors.
  4. Sign the Document: Sign the FIR register. Your signature validates the record. Ensure you receive a certified copy (often called the chalan or carbon copy) immediately.

Phase 3: Post-Registration

  1. Investigation Begins: Once registered, the police assign an investigating officer.
  2. Follow Up: Maintain contact with the investigating officer for updates on the inquiry.

Comparison Table

Below is a comparison of the different methods available to register a police complaint in Nepal.

Method / TypeBest Used ForEstimated TimeComplexity / Cost
In-Person FIRSerious cognizable offenses (Theft, Assault, Fraud).Immediate (30-60 mins at station).Low Complexity. Free of Cost.
Online Complaint (e-Report)Non-emergency complaints, lost documents, or minor issues.Immediate submission; processing takes 24-48 hrs.Low Complexity. Free. Requires internet access.
Phone Complaint (100)Emergency situations requiring immediate police response.Immediate response.Low Complexity. Free. Must be followed by written FIR later.
Letter/Petition to SP/IGPIf local station refuses to file FIR.3-7 days for processing.Medium Complexity. Free but requires legal drafting.

Required Documents Checklist

While an FIR can be filed orally, carrying the following documents expedites the process in Kathmandu and other major cities:

  • Identity Proof: A copy of your Citizenship Certificate or Passport.
  • Written Complaint: A typed or neatly written application detailing the incident.
  • Evidence Documents: Any supporting documents such as medical reports (in case of injury), bank statements (in case of fraud), or photos of the damage.
  • Contact Information: Valid phone number and address proof.
  • List of Accused: Names, addresses, or physical descriptions of the perpetrators.

Key Factors/Costs/Maintenance

When dealing with FIR registration in Nepal, several critical factors impact the process:

  • Cost: Registering an FIR is free. The Nepal Police is prohibited from charging any fee for recording a complaint or providing a copy of the FIR.
  • Cognizable vs. Non-Cognizable: Police can arrest without a warrant for cognizable offenses (e.g., murder, rape, theft). For non-cognizable offenses (e.g., simple nuisance), they may only file a complaint entry (NC) and require a magistrate's order to investigate.
  • False Complaints: Filing a false FIR with the intent to mislead the police is a punishable offense under the National Criminal Procedure Code, potentially leading to imprisonment or fines.
  • Maintenance: Keep your copy of the FIR safe. It is the primary proof that the police have acknowledged the crime and is required for all future legal proceedings, insurance claims, or court cases.

Timeline/Time Required

The timeline for FIR registration and subsequent action varies based on the severity of the crime:

  • Registration Time: The police must register the FIR immediately upon receiving information about a cognizable offense. It should not take more than one visit to the station.
  • Copy of FIR: A copy of the FIR must be provided to the complainant free of cost immediately.
  • Investigation Timeline: For minor offenses, the investigation report is typically submitted within 15 to 30 days. For serious crimes (such as murder or corruption), the investigation may take 3 to 6 months or longer depending on the complexity of forensic evidence.

Conclusion

Filing an FIR is a fundamental right and the first step toward seeking justice in Nepal. While the process is designed to be accessible, bureaucratic hurdles or refusal by local police can sometimes complicate matters. Understanding your legal rights under the National Criminal Procedure Code ensures that authorities fulfill their duty.

If you encounter difficulties in registering your complaint or need assistance drafting a legal petition, seek professional legal counsel to protect your interests.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Laws and procedures are subject to change in Nepal. For specific legal guidance, please consult a qualified advocate licensed by the Nepal Bar Association.