Prior Circumstances of FIR Every One Should Know
We will thoroughly discuss regarding circumstances prior to FIR (First Information Report) as well as throw the light, over final result of FIR from investigation to final judgment and its different stages during investigation as well as before court of law, however lets try to understand the circumstances before registration of FIR.
First Information Report Pakistan |
Why FIR Registered
When someone breaches the law of the land by doing any act, prohibited by law (Pakistan Penal Code), then machinery of law shall be into motion under the following:-
a- Registration of FIR
b- Private Complaint
For the purposes of FIR as well as filing of private complaint, it is necessary there must be a victim as well as offender/accused.
Who Is Victim;
Victim means and includes the person, whose act sustained bodily or person injury to another person.
Who is offender/accused
Whereas offender means and includes the person who attacks or assaults the victim and his act caused bodily injury on the person of victim.
Remember, for the purposes of offense, there must be available mens rea and actus reaus, otherwise act so done by accused/offender does not refer him to be an accused.
Lets discuss regarding theses two factors (1) Mens rea & (2) Actus reaus
(1) Mens rea
Means & Includes, criminal intention and bad mind. When someone thinks any act to be done, such act prohibited by law and did with this intention, called Mens Rea.
(2) Actus reus
Means and includes a criminal act. When someone has done any act, prohibited by law and such act, caused bodily or personal injury to anybody. it is called Actus reus.
Every one should know and understand the elements/ circumstances above, before registration of FIR (First Information Report), and above said factors must be existed if any one factor is missing it means your offender/accused might easily be taken benefits due to your negligence.
0 Comments