Differences Between GD and FIR in Bangladesh :
In Bangladesh’s law enforcement system, two crucial terms often arise: General Diary (GD) and First Information Report (FIR). Both are key components of the criminal justice system, allowing individuals to formally report incidents to the police.
While GD and FIR may seem similar as both involve documenting occurrences, they differ significantly in their purpose, legal consequences, and the subsequent actions taken by police.
Advocacy Legal, recognized among Bangladesh’s top law firms, provides expert guidance on criminal law matters including FIR filing, criminal defense, and High Court criminal appeals.
Understanding GD and FIR in Bangladesh
Quick Overview
General Diary (GD):
- Record of non-cognizable or minor incidents
- Precautionary/documentary purpose
- No automatic investigation
- Used for loss reports, minor disputes, threats
First Information Report (FIR):
- Report of cognizable (serious) crimes
- Triggers immediate investigation
- Police legally obligated to act
- Basis for criminal prosecution
Understanding the difference is crucial for effective use of Bangladesh’s legal system and ensuring appropriate police response.
What is General Diary (GD)?
Definition
A General Diary (GD) is an official record kept at police stations to log daily events, minor disputes, or incidents that may not immediately warrant investigation or legal action.
Purpose of GD
Primary Functions:
- Documentation – Creates official record of incident
- Precautionary measure – Documents situations that could escalate
- Evidence preservation – Provides proof incident was reported
- Timeline establishment – Records when issue began
GD functions as a preventive tool – it documents situations that could potentially develop into criminal cases but don’t currently require immediate action.
When to File a GD
Common Situations for GD:
1. Lost Documents or Property
- Lost passport or national ID card
- Lost mobile phone or wallet
- Lost important certificates (educational, birth, etc.)
- Misplaced bank documents or cheque books
Purpose: Creates record for replacement applications
2. Precautionary Reporting
- Received verbal threats (not yet acted upon)
- Potential harassment concerns
- Suspicious activities around property
- Concerns about future disputes
Purpose: Establishes timeline if situation escalates
3. Minor Disputes
- Family disagreements (not violent)
- Neighbor disputes over minor issues
- Minor financial disagreements
- Verbal altercations without physical harm
Purpose: Official record for future reference
4. Missing Persons
- Family member missing (initial report)
- Before 24-48 hours when FIR typically filed
- Elderly or vulnerable person wandered off
Purpose: Alerts police to watch for person
5. Minor Traffic Incidents
- Small accidents without injuries
- Property damage only (minor)
- Hit-and-run with minor damage
- Parking disputes
Purpose: Insurance claims, liability documentation
6. Found Property
- Found valuable items
- Report to avoid theft allegations
- Establish finder’s rights
Legal Status of GD
Key Characteristics:
Non-Cognizable Report:
- Police are NOT obligated to investigate immediately
- No automatic action required
- Officers have discretion whether to act
Official Record:
- Entered in police station diary
- Assigned GD number for reference
- Can be used as evidence later
- Retrievable for legal purposes
Potential to Convert:
- If situation escalates, GD can be converted to FIR
- Additional evidence can trigger investigation
- Serious developments may require FIR filing
Important: While GD is an official record, filing it does not automatically prompt formal inquiry unless circumstances change.
Benefits of Filing GD
Why File a GD?
Creates official timeline – Proves when you reported issue
Protects against false allegations – Shows your proactive approach
Evidence for later use – Can be presented in court if needed
Insurance requirements – Often needed for claims
Replacement documents – Required for passport, NID replacement
Establishes good faith – Shows you attempted to address issue
What is First Information Report (FIR)?
Definition
A First Information Report (FIR) is a formal complaint lodged with police to report a cognizable offense – a serious crime for which police have authority to arrest without warrant and begin investigation immediately.
Legal Basis: Governed by Code of Criminal Procedure (CrPC), 1898 – Sections 154-157
Purpose of FIR
Primary Functions:
- Initiate criminal investigation – First step in criminal justice
- Official complaint – Formal record of crime
- Basis for prosecution – Foundation of criminal case
- Trigger police action – Legally obligates investigation
Filing an FIR is the first step in initiating criminal proceedings and is crucial in the criminal justice system.
When to File an FIR
File FIR for Cognizable Offenses:
1. Crimes Against Person
- Murder or attempted murder
- Physical assault (including domestic violence)
- Grievous hurt or bodily harm
- Rape or sexual assault
- Acid attacks
2. Property Crimes
- Burglary or house-breaking
- Theft or robbery
- Vehicle theft
- Arson or property destruction
- Fraud involving significant amounts
3. Crimes Against Liberty
- Kidnapping or abduction
- Illegal detention or wrongful confinement
- Human trafficking
4. Public Order Offenses
- Possession of illegal weapons
- Drug trafficking
- Terrorism-related activities
- Rioting or violent protests
5. Financial Crimes (Serious)
- Bank fraud or embezzlement
- Forgery with criminal intent
- Extortion or blackmail
6. Women and Children Offenses
- Offenses under Women and Children Repression Prevention Act
- Dowry-related violence
- Child abuse or exploitation
Legal Status of FIR
Mandatory Police Action:
Once FIR is filed, police are legally obligated to:
1. Register the FIR (Section 154 CrPC)
- Cannot refuse to register cognizable offense
- Must provide copy to complainant (free of cost)
- Assign FIR number immediately
2. Begin Investigation (Section 156-157 CrPC)
- Collect evidence from crime scene
- Interview witnesses
- Examine documents and material evidence
- Conduct forensic analysis if needed
3. Arrest Suspects (if necessary)
- Can arrest without warrant for cognizable offenses
- Must follow constitutional safeguards (Article 33)
- Present accused before magistrate within 24 hours
4. File Charge Sheet or Final Report
- Submit investigation report to court
- Either charge sheet (if evidence found) or final report (if not)
Failure to Act:
If police fail to register FIR or investigate, complainant can:
- File complaint in magistrate court under Section 156(3)
- File writ petition in High Court
- Seek orders compelling police action
Who Can File an FIR?
Anyone can file FIR:
- Victim of the crime
- Eyewitness to the crime
- Family member of victim
- Anyone with knowledge of cognizable offense
- Anonymous informant (though less preferred)
Important: FIR can be filed orally or in writing. If oral, police must write it down and read it back to informant.
Importance of FIR
Critical Document Because:
Legal Foundation:
- First official record of crime
- Cannot be altered without court permission
- Carries significant evidentiary weight
- Tested for contradictions during trial
Timeline Establishment:
- Records time, date, place of crime
- Establishes sequence of events
- Important for alibi and defense
Rights Protection:
- Ensures police accountability
- Provides basis for victim compensation
- Enables legal recourse
Prosecution Basis:
- Investigation starts from FIR
- Charge sheet references FIR
- Trial proceedings based on FIR allegations
Key Differences: GD vs FIR
Comprehensive Comparison Table
| Feature | General Diary (GD) | First Information Report (FIR) |
|---|---|---|
| Nature of Offense | Non-cognizable (minor) | Cognizable (serious crimes) |
| Legal Basis | Administrative police procedure | Code of Criminal Procedure, 1898 (Sections 154-157) |
| Purpose | Documentation, precautionary | Initiate criminal investigation |
| Police Obligation | No mandatory investigation | Must investigate immediately |
| Arrest Power | Cannot arrest without warrant | Can arrest without warrant |
| Investigation | Optional, at police discretion | Mandatory and immediate |
| Legal Status | Non-cognizable report | Cognizable complaint |
| Court Proceedings | Does not initiate prosecution | Basis for criminal prosecution |
| Examples | Lost documents, minor disputes, threats | Murder, rape, robbery, kidnapping |
| Timeline | Can be filed anytime | Should be filed immediately after crime |
| Copy to Complainant | May or may not be provided | Must be provided free of cost |
| Amendment | Can be updated/modified easily | Cannot be altered without court order |
| Conversion | Can be converted to FIR if needed | Cannot be downgraded to GD |
| Refusal | Police can refuse to record | Police cannot refuse cognizable offense |
| Legal Remedy | Limited legal recourse | Can approach magistrate/High Court if refused |
Nature of Offense: Cognizable vs Non-Cognizable
Cognizable Offenses (FIR):
- Police can arrest without warrant
- Investigation starts immediately
- Generally serious crimes
- Listed in First Schedule of CrPC
- Examples: Murder, rape, robbery, kidnapping
Non-Cognizable Offenses (GD):
- Police cannot arrest without warrant
- Investigation requires magistrate’s permission
- Generally minor offenses
- Examples: Simple assault, defamation, minor fraud
Police Obligation
For GD:
- Police have discretion whether to investigate
- No legal compulsion for immediate action
- May take action if situation escalates
- Primarily documentary function
For FIR:
- Police are legally bound to investigate (Section 156 CrPC)
- Must act immediately upon registration
- Failure can result in disciplinary action against officers
- Complainant can seek court orders if police refuse
Legal Consequences
GD Filing:
- Creates official record only
- No automatic criminal proceedings
- Can be used as evidence in future
- Low-stakes documentation
FIR Filing:
- Initiates criminal justice process
- Accused can be arrested
- May affect accused’s reputation
- Can lead to trial and conviction
- Serious legal implications for all parties
When to File GD vs FIR: Decision Guide
Decision Framework
Ask These Questions:
1. Has a cognizable crime occurred?
- Yes → File FIR
- No → Consider GD
2. Is immediate police action needed?
- Yes → File FIR
- No → GD sufficient
3. Is this a serious criminal offense?
- Yes → File FIR
- No → File GD
4. Do you want criminal prosecution?
- Yes → File FIR
- No, just documentation → File GD
Practical Scenarios
Scenario 1: Lost Passport
- File: GD
- Reason: Documentation for replacement, no crime occurred
Scenario 2: Mobile Phone Stolen
- File: FIR
- Reason: Theft is cognizable offense, criminal prosecution needed
Scenario 3: Verbal Threats Received
- File: GD initially
- Reason: Precautionary; can convert to FIR if threats escalate to action
Scenario 4: Physical Assault
- File: FIR immediately
- Reason: Cognizable offense, medical evidence needed, arrest may be necessary
Scenario 5: Minor Car Accident (No Injuries)
- File: GD
- Reason: For insurance purposes, no serious crime
Scenario 6: Home Burglary
- File: FIR immediately
- Reason: Serious cognizable offense, investigation required
Scenario 7: Family Dispute (Verbal)
- File: GD
- Reason: Documentation, not yet criminal; prevents escalation claims
Scenario 8: Sexual Harassment
- File: FIR
- Reason: Cognizable under Women and Children Act, serious crime
How to File GD and FIR in Bangladesh
Filing a General Diary (GD)
Step-by-Step Process:
Step 1: Visit Police Station
- Go to police station in whose jurisdiction incident occurred
- Ask to speak with officer-in-charge (OC) or duty officer
Step 2: Explain the Situation
- Clearly state what you want to report
- Mention it’s for GD (not FIR)
- Provide all relevant details
Step 3: Provide Information
- Your full name and address
- National ID number
- Contact information
- Details of incident (date, time, location)
- Any supporting documents
Step 4: GD Entry
- Officer will record in General Diary
- Assigned GD number
- Note down GD number for reference
Step 5: Obtain Acknowledgment
- Request written acknowledgment with GD number
- May need to pay nominal fee for certified copy
- Keep safe for future reference
No Special Form Required – Can be done verbally
Filing a First Information Report (FIR)
Step-by-Step Process:
Step 1: Immediate Action
- Go to police station immediately after crime
- Time-sensitive for evidence preservation
- Visit station with jurisdiction over crime location
Step 2: Approach Officer-in-Charge
- Ask to file FIR
- State clearly it’s a cognizable offense
- Police cannot refuse to register FIR for cognizable offenses
Step 3: Provide Detailed Information
Essential Details:
- Your full name, address, NID
- Nature of offense (be specific)
- Date, time, place of incident
- Description of accused (if known)
- Names of witnesses
- Details of stolen/damaged property
- Sequence of events
Step 4: FIR Registration
- Written FIR: Submit written complaint
- Oral FIR: Officer will write it down based on your narration
- Officer must read it back to you
- Sign the FIR after verification
Step 5: Obtain FIR Copy
- Police must provide free copy (Section 154 CrPC)
- Note FIR number
- Keep copy safely – crucial document
Step 6: Follow Up
- Stay in contact with investigating officer
- Provide additional information if needed
- Keep track of investigation progress
What If Police Refuse to Register FIR?
Legal Options:
1. Approach Superintendent of Police (SP)
- File complaint with SP of district
- SP can direct police station to register FIR
2. File Application Under Section 156(3) CrPC
- Approach magistrate court directly
- Court can order police to register FIR and investigate
3. File Writ Petition in High Court
- Under Article 102 of Constitution
- High Court can direct police to register FIR
- Can also order investigation
4. Contact Legal Aid
- Seek help from legal aid organizations
- Contact Advocacy Legal for assistance
Important: Police cannot refuse to register FIR for cognizable offenses. Refusal is illegal and actionable.
Legal Framework in Bangladesh
Governing Laws
For FIR:
Code of Criminal Procedure (CrPC), 1898
Key Sections:
- Section 154: Information in cognizable cases (FIR registration)
- Section 155: Information in non-cognizable cases
- Section 156: Police power to investigate cognizable offenses
- Section 157: Procedure for investigation
- Section 173: Report of police officer on investigation
Constitutional Protection:
- Article 33: Safeguards against arrest and detention
- Arrested person must be produced before magistrate within 24 hours
- Right to legal representation
For GD:
Administrative Police Procedures
- Not specifically governed by CrPC
- Police regulations and standing orders
- Good practice for record-keeping
- Internal police documentation system
Legal Remedies
If FIR Not Registered:
1. Criminal Complaint (Section 190 CrPC)
- File complaint directly in magistrate court
- Skip police investigation
- Court can take cognizance and try case
2. Private Complaint (Section 200 CrPC)
- For non-cognizable offenses
- File in magistrate court
- Court examines complainant under oath
3. Writ Jurisdiction (Article 102)
- High Court can issue mandamus
- Direct police to register FIR
- Judicial review of police inaction
Rights of Accused
If FIR Filed Against You:
Constitutional Rights:
- Right to bail (in bailable offenses)
- Right to legal representation
- Right to know charges
- Protection from torture
- Fair trial
Legal Options:
- Apply for anticipatory bail (Section 498 CrPC)
- Challenge illegal arrest
- Seek quashing of FIR in High Court
- File counter-case if false FIR
Important: If FIR filed against you, immediately contactAdvocacy Legal for legal representation.
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Advocacy Legal’s Criminal Law Services
Advocacy Legal, recognized among Bangladesh’s top lawyers, provides comprehensive criminal law services:
Our Services:
FIR & Investigation Support:
- Assistance in FIR filing
- Draft proper FIR with legal precision
- Ensure police register FIR
- Legal action if police refuse
- Monitor investigation progress
Criminal Defense:
- Anticipatory bail applications
- Regular bail from custody
- Defense in criminal trials
- High Court criminal appeals
- Quashing of false FIR
GD Services:
- Advice on when to file GD
- Draft GD applications
- Ensure proper documentation
- Convert GD to FIR if needed
False Allegation Defense:
- Defense against false criminal cases
- Prove innocence
- Counter-case filing
- Compensation claims
Why Choose Advocacy Legal?
Led by Advocate Md. Noushad Parvez:
- Criminal law expert with 10+ years experience
- 100+ criminal cases successfully handled
- Regular practice in criminal courts and High Court
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Our Advantages:
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Frequently Asked Questions
1. What is the main difference between GD and FIR?
Main difference:
- GD is for non-cognizable/minor incidents, creates record only, no automatic investigation
- FIR is for cognizable/serious crimes, triggers mandatory investigation and prosecution
Simple rule: If it’s a serious crime requiring arrest/investigation → FIR. If just documentation → GD.
2. Can GD be converted to FIR?
Yes, GD can be converted to FIR if:
- Situation escalates to serious crime
- New evidence emerges
- Additional incidents occur
- Complainant provides more information
Process: File fresh application requesting conversion or file new FIR based on developments.
3. How long does it take to file an FIR?
Immediate process:
- FIR should be filed as soon as possible after crime
- Registration takes 30-60 minutes typically
- Receive FIR copy immediately
- No time limit specified in law, but earlier is better for evidence preservation
Delayed FIR: Can be filed later but may raise questions about credibility.
4. Can police refuse to register FIR?
No, police cannot legally refuse to register FIR for cognizable offenses.
If they refuse:
- Approach Superintendent of Police (SP)
- File application under Section 156(3) in magistrate court
- File writ petition in High Court
- Contact Advocacy Legal for legal assistance
Police refusal is illegal and actionable.
5. Is FIR copy free of cost?
Yes, police must provide FIR copy free of charge (Section 154 CrPC).
Important: If police demand payment, this is illegal. You can refuse and complain to higher authorities.
6. Can I file FIR online in Bangladesh?
Currently, no comprehensive online FIR system exists in Bangladesh.
You must:
- Visit police station physically
- File in-person
- Receive physical copy
Exception: Some pilot programs may exist in specific areas. Check with local police.
7. What happens after FIR is filed?
Investigation Process:
1. Investigation Begins (immediately)
- Police visit crime scene
- Collect evidence
- Interview witnesses
2. Arrest (if necessary)
- Police can arrest accused
- Must present before magistrate within 24 hours
- Bail application can be filed
3. Charge Sheet Filed (within reasonable time)
- If evidence found → Charge sheet filed in court
- If no evidence → Final report (case closure)
4. Trial (if charge sheet filed)
- Court proceedings begin
- Evidence presented
- Judgment rendered
8. Can FIR be cancelled or withdrawn?
Generally no, but:
FIR cannot be withdrawn by complainant unilaterally once registered.
Options:
- Compromise: Parties can settle, inform court, request case closure
- Quashing: File petition in High Court under Section 561A CrPC or Article 102
- Final Report: Police may file if no evidence found
Important: Withdrawal not automatic – requires legal process.
Conclusion
Understanding the difference between GD and FIR is essential for effectively navigating Bangladesh’s criminal justice system.
Key Takeaways:
GD = Documentation tool for minor/non-cognizable incidents
FIR = Formal complaint for serious/cognizable crimes
GD = No automatic police action
FIR = Mandatory investigation and prosecution
When in Doubt:
- Serious crime? → File FIR immediately
- Just documentation? → File GD
- Need legal advice? → Contact Advocacy Legal
Both GD and FIR play integral roles in maintaining law and order in Bangladesh. Knowing when and how to use each ensures justice is served and your legal rights are protected.
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