Passive Euthanasia: Permitted only when there is no reasonable possibility of recovery.
Case Details:
Harish Rana vs. Union of India (2026)
Patient: Harish Rana (32 years old, from Ghaziabad).
Status / Condition
Patient Harish Rana, 32 year old man who has been suffering from a dangerous disease permanent vegetative state from 13 years which is fall in 2013. Thus the patient is in very critical condition and he is on the bed with the living behalf is live As a coma.
Medical behave
Medical Opinion: Primary and secondary medical boards (including AIIMS) confirmed there was "negligible" or no chance of improvement.
Observation by court
Justice J.B Pardiwala and K.V Vishwanathan noted that a person Harish Rana 32 years old man who Struggle with permanent vegative state as the major critical situation that are very dangerous because it's not to relive by doctors.
Important point to the court
Whether a person has the right to refuse life-sustaining treatment and die with dignity.
Points
• Passive Euthanasia is legal in India.
• Individuals can create a Living Will / Advance Directive.
• Doctors may withdraw life support in certain circumstances.
• The decision must follow strict medical and legal safeguards.
เคธुเคช्เคฐीเคฎ เคोเคฐ्เค เคा เคซैเคธเคฒा
เคธुเคช्เคฐीเคฎ เคोเคฐ्เค เคจे เคเคนा เคि เคธเคฎ्เคฎाเคจ เคे เคธाเคฅ เคฎเคฐเคจे เคा เค เคงिเคाเคฐ (Right to Die with Dignity)
Article 21 – Right to Life เคा เคนिเคธ्เคธा เคนै।
“Right to Die with Dignity is a Fundamental Right under Article 21 of the Constitution.”
An FIR (First Information Report) is the first and most important step in the criminal justice process of India. It is a written document prepared by the police when they receive information about the commission of a cognizable offence (an offence for which police can take action without prior court approval). The FIR sets the criminal law in motion and forms the foundation of the entire investigation.
PURPOSE OF FIR
The purpose of an FIR is to officially record the details of a crime—such as the date, time, place of occurrence, names of the accused (if known), and the facts of the incident—so that the police can begin a fair and lawful investigation. Once registered under Section 154 of the Code of Criminal Procedure (CrPC), the FIR becomes a crucial legal document used throughout the trial.
CONCEPT OF FIR
First FIR in the World
The concept of recording the first information of a crime originated in England, even though the term “FIR (First Information Report)” is mainly used in India and other common-law countries.
Origin in England
In England, the practice of recording information about crimes began formally in the early 19th century, especially after the establishment of the Metropolitan Police in 1829 by Sir Robert Peel. Police stations started maintaining written records of complaints and information received about crimes. These records were the foundation of what later evolved into the FIR system. However, England did not use the term “FIR”. Instead, crimes were recorded in station diaries, complaint registers, or charge sheets.
First FIR in India
India was the first country to formally codify the concept of FIR in statutory law. The FIR system was introduced in India in 1827–1861 during British rule It was formally recognized under the Code of Criminal Procedure, 1861 Later refined in CrPC, 1898, CrPC, 1973, and now under BNSS, 2023
Delhi was one of the earliest places in India where the FIR system was practically implemented under British rule, especially after 1857, through the Kotwali and police station system.
Copy of first fir in India filed by delhi police.
Types of FIR
There are several types of FIRs recognized in Indian criminal law:
Congnizable FIR This FIR is registered for cognizable offences such as murder, rape, theft, and kidnapping. Police can arrest the accused without a warrant.
Non-Cognizable FIR This FIR relates to non-cognizable offences like defamation or minor hurt. Police cannot investigate without prior court permission.
Zero FIR A Zero FIR can be registered at any police station, regardless of the place of occurrence of the crime. It is later transferred to the appropriate police station.
Cross FIR When both parties in a dispute file FIRs against each other, it is known as a Cross FIR.
Multiple FIR More than one FIR for the same incident is generally not allowed, except in special circumstances as recognized by courts.
Online FIR
With the advancement of technology, many Indian states now provide the facility of Online FIR or e-FIR through official police websites. Features of Online FIR: Complaint can be filed from home Useful for theft, lost documents, and cyber crimes Reduces physical visits to police stations Enhances transparency and accountability However, serious offences usually still require physical verification at the police station.
Importance of FIR
The FIR plays a crucial role in the criminal justice system for the following reasons:
It sets the criminal law into motion It forms the basis of police investigation It helps preserve evidence at an early stage It protects the rights of the victim and the accused It acts as an important piece of evidence during trial Courts often examine FIRs carefully to check the credibility and consistency of the prosecution case.
FIR under CrPC (Brief)
Under Section 154 CrPC: Police must register FIR for cognizable offences FIR may be given orally or in writing Refusal to register FIR is illegal FIR copy must be given free of cost The landmark case Lalita Kumari v. State of U.P. (2014) made FIR registration mandatory. FIR under BNSS (Brief)
Under Section 173 BNSS:
FIR can be lodged electronically (online) Victims can submit information without visiting police station immediately Zero FIR concept is strengthened Emphasis on speed, transparency, and victim convenience BNSS adapts FIR procedure to modern needs without changing its basic concept.
Judicial Recognition
In Lalita Kumari v. State of U.P. (2014), the Supreme Court reaffirmed that: FIR registration is mandatory FIR is essential to ensure rule of law This judgment strengthened the historical importance of FIR in India.
Similarities between FIR under BNSS and CrPC
FIR relates only to cognizable offences FIR sets criminal law into motion FIR is not substantive evidence FIR forms the basis of investigation FIR can be challenged or quashed by High Court.
Who Can Lodge an FIR?
An FIR can be lodged by: The victim Any witness Any person aware of the offence Police officer (on his own information)
Essential Elements of FIR
A valid FIR generally contains:
Date and time of occurrence Place of occurrence Nature of the offence Name and details of the accused (if known) Names of witnesses (if any) Brief facts of the incident Minor errors do not invalidate an FIR.
Objectives of FIR
The main objectives of FIR are: To set the criminal law into motion To inform the police about the commission of a crime To enable prompt investigation To prevent manipulation or fabrication of evidence To protect the rights of the accused and the victim.
Quashing of FIR under BNSS (New Law)
Legal Provision Under the Bharatiya Nagarik Suraksha Sanhita, 2023, the inherent powers of the High Court are provided under: Section 528 BNSS (Equivalent to Section 482 CrPC) Section 528 BNSS states that: The High Court has inherent powers to: Prevent abuse of the process of law Secure the ends of justice Thus, the power to quash FIR continues even under BNSS.
Procedure to File Quashing Petition
File a petition before the High Court Mention facts, grounds, and relevant case laws Attach FIR copy and relevant documents Serve notice to the State and complainant Court hears both sides and passes an order.
Grounds for Quashing FIR
The FIR may be quashed on the following grounds:
No Cognizable Offence Made Out If the allegations in the FIR do not disclose any cognizable offence. False or Frivolous FIR When the FIR is filed with malicious intent or to harass the accused. Purely Civil Dispute If the matter is civil in nature but is given a criminal colour. Abuse of Process of Law When criminal proceedings are initiated for personal vengeance. Legal Bar to Proceedings When the prosecution is barred by law (limitation, sanction not obtained, etc.). Settlement or Compromise In appropriate cases, especially matrimonial or commercial disputes.
Landmark Case Law on Quashing FIR
State of Haryana v. Bhajan Lal (1992) The Supreme Court laid down seven categories where FIR can be quashed, including: FIR does not disclose any offence Allegations are absurd or inherently improbable FIR is maliciously instituted This case is the foundation judgment on FIR quashing.
Recent SC FIR Rulings
Mandatory FIR:
No inquiry before FIR if cognizable offence disclosed.
Supreme Court Observer
Economic offences:
SC restricts easy quashing where fraud is manifest.
Writ power limited:
After cognizance, quashing via Section 528 BNSS, not Article 226.
Civil vs Criminal:
Pure civil disputes should not be converted to FIRs. Law Trend – Legal News Network
Witness threats:
FIR valid for threatening witness evidence.
Confessional FIR:
Not admissible as confession.
Misuse FIRs:
SC actively quashes frivolous or malicious FIRs.
Important Case Laws on FIR (With Explanation)
Lalita Kumari vs. Government of Uttar Pradesh (2014) Citation: (2014) 2 SCC 1 Key Principle: Registration of FIR is mandatory under Section 154 CrPC if information discloses a cognizable offence. Held: Police cannot refuse to register FIR Preliminary inquiry is allowed only in limited cases (family disputes, commercial matters, medical negligence, etc.) Importance: This is the most landmark judgment on FIR in India.
State of Haryana vs. Bhajan Lal (1992) Citation: 1992 Supp (1) SCC 335 Key Principle: Laid down guidelines for quashing FIR under Article 226 and Section 482 CrPC. Held: FIR can be quashed if: Allegations are false or absurd No cognizable offence is made out FIR is malicious or abuse of process Importance: Frequently used in quashing petitions.
T.T. Antony vs. State of Kerala (2001) Citation: (2001) 6 SCC 181 Key Principle: Second FIR for the same offence is not allowed. Held: Only one FIR can be registered for one incident Further information should be treated as statement under Section 161 CrPC
Ramesh Kumari vs. State (NCT of Delhi) (2006) Citation: (2006) 2 SCC 677 Key Principle: Police has no discretion in registering FIR for cognizable offences. Held: Failure to register FIR amounts to dereliction of duty.
Kirti Vashisht vs. State & Ors. (Delhi High Court) Key Principle: Zero FIR is legally valid. Held: FIR can be registered irrespective of territorial jurisdiction Later it must be transferred to the concerned police station
H.N. Rishbud vs. State of Delhi (1955) Citation: AIR 1955 SC 196 Key Principle: FIR is not substantive evidence, but can be used for: Corroboration Contradiction
Youth Bar Association of India vs. Union of India (2016) Key Principle: FIRs should be uploaded online. Held: FIR (except sensitive cases) must be uploaded within 24 hours Enhances transparency and access to justice.
How to file the FIR application.
Understand What an FIR Is FIR stands for First Information Report. It is a written report to the police about the commission of a cognizable offence (serious crime). Filing an FIR initiates the criminal investigation process.
Determine the Appropriate Police Station FIR should be filed at the police station under whose jurisdiction the crime occurred. In case of online FIR facilities, you may file electronically through the state police portal.
Prepare the FIR Application Your FIR application should include: Date, time, and place of the incident Nature of the offence (assault, theft, fraud, harassment, etc.) Details of the accused (if known) Names of witnesses (if any) Brief description of the incident Your personal details (name, address, contact) Tip: Keep the language clear, concise, and factual. Avoid personal opinions or accusations.
Filing the FIR in Person Visit the relevant police station. Ask to file an FIR with the Duty Officer / SHO. Submit your written application, or narrate the incident verbally for police to write. Ensure the officer records it under Section 154 CrPC (or Section 173 BNSS). Ask for a copy of the FIR with FIR number for your records (free of cost).
Filing an FIR Online Visit the official state police website. Select “Register FIR / Complaint”. Fill in the incident details, personal info, and accused info. Submit the form. You will get an FIR reference number; save it for tracking the case.
After Filing Police may investigate immediately if the offence is cognizable. In case of refusal to register, you can: Approach the Senior Officer / Superintendent of Police File a writ petition under Article 226 / 32 in High Court / Supreme Court Request court intervention to ensure FIR registration
Tips & Best Practices Write facts only – avoid threats or emotional statements. Include proof if available – messages, photos, CCTV footage, or witness info. Stay polite but firm – police must register FIR for cognizable offences. Keep FIR copy safe – required for future follow-ups or court proceedings.
Sample FIR Format (Simplified). Copy Of Application
To, The Officer-in-Charge, [Name of Police Station]
Subject: Registration of FIR for [Nature of Offence]
Sir/Madam,
I, [Your Name], resident of [Address], wish to report the following incident:
Date & Time of Incident: [DD/MM/YYYY, HH:MM]
Place of Incident: [Location]
Description of Incident: [Brief factual description]
Name(s) of Accused (if known): [Name(s)]
Witnesses (if any): [Name(s)]
I request you to kindly register an FIR and initiate investigation.
Section 528 BNSS
