In criminal cases, particularly those involving physical altercations, neighbourhood disputes, family disputes, property conflicts and group clashes, it is not uncommon for both parties to approach the police alleging that they have been victims of the same incident. In such circumstances, the police may register separate FIRs against the rival parties. These are commonly known as Cross FIRs or Counter FIRs.
1. What is a Cross FIR?
A Cross FIR refers to a situation where two FIRs are registered in relation to the same incident or occurrence, generally on the basis of complaints made by two rival parties against each other.
In such circumstances, both parties may be complainants as well as accused in separate criminal proceedings.
2. Legal Provisions Governing Cross FIR
Section 173 BNSS – Information in cognizable cases
This provision deals with the registration of information relating to cognizable offences. A person who believes that a cognizable offence has been committed against them may approach the police and provide information regarding the occurrence.
Section 175 BNSS – Police officer’s power to investigate cognizable cases
This provision empowers the police to investigate cognizable offences. It also provides for investigation by a Deputy Superintendent of Police where the Superintendent of Police considers the nature and gravity of the offence appropriate.
Section 176 BNSS – Procedure for investigation
This provision deals with the procedure to be followed by the police while investigating a cognizable offence.
Accordingly, where rival versions disclose separate allegations of cognizable offences arising from the same occurrence, the police may register and investigate the respective cases in accordance with law.
3. Can Both Parties Be Arrested in Cross FIR Cases?
Yes. The mere existence of a Cross FIR does not provide automatic protection against arrest to either party.
Where the allegations disclose the commission of cognizable offences, the police may take appropriate action in accordance with the BNSS and the applicable arrest provisions.
However, arrest is not automatic merely because an FIR has been registered. The statutory requirements governing arrest, including the necessity and safeguards applicable to the particular offence, must be followed.
An accused person may seek anticipatory bail or regular bail, depending upon the circumstances and applicable legal provisions.
4. Legal Remedies Available in Cross FIR Cases
A person facing criminal proceedings arising out of a Cross FIR may consider the following legal remedies, depending upon the facts and circumstances:
- Representation to Senior Police Authorities – Where the investigation is biased, incomplete or influenced by one party, a detailed representation may be submitted to the Superintendent of Police or other competent senior police authorities, requesting a fair and impartial investigation.
- Anticipatory Bail – Where a person apprehends arrest in connection with a Cross FIR, an application for anticipatory bail may be filed before the competent Court under Section 482 BNSS, subject to statutory restrictions and the facts of the case.
- Regular Bail – Where a person has already been arrested, an appropriate application for regular bail may be filed before the competent Court under the applicable provisions of the BNSS.
- Petition for Quashing of FIR – Where the allegations in an FIR disclose no offence, the proceedings are manifestly an abuse of the process of law, or another recognised ground for interference exists, an appropriate petition may be filed before the High Court under Section 528 BNSS.
5. Important Precautions in Cross FIR Cases –
Persons involved in Cross FIR proceedings should take the following precautions:
– Preserve medical records, injury reports and photographs.
– Secure CCTV footage and other electronic evidence at the earliest opportunity.
– Avoid contacting or threatening the opposite party.
– Do not make false statements or fabricate evidence.
– Cooperate with the investigation while protecting legal rights.
– Consult a criminal lawyer before giving detailed statements or taking procedural steps.
Conclusion: –
Cross FIRs are an important feature of criminal litigation, particularly where two rival parties allege that they have suffered injuries or criminal acts during the same occurrence.
Ultimately, every Cross FIR case must be examined on its own facts, evidence and applicable legal provisions. A proper understanding of the legal remedies available can help individuals protect their rights and ensure that criminal proceedings are not misused.