Tuesday, January 22, 2019

If Police Refuse To Register Your FIR,What To Do?


What is FIR?


The First Information Report (FIR) is a written document prepared by the police when they receive information about the commission of a cognizable offence.This is a report of the information that first comes to the police and therefore it is called the first information report. This is usually a complaint lodged by victim to police of a cognizable offence or by someone on his/her behalf.

Who can lodge FIR?


An FIR can be lodged by the victim or the witness of the incident or any person is aware of the incident. This information can be given on written or oral or telephone.

What You Should Do If Police Officer Refuse To File FIR?


If you are report a crime and the police refuses to register your FIR on unreasonable grounds, you can complain to a high ranking officer.

If the concerned officer in charge refuses to file a first information report about commission of cognizable offence within his territorial jurisdiction under S.154 (3) of Crpc, the informant may make a written complaint to any senior police officer or police superintendent or police commissioner(in Metropolitan areas).If, after analyzing the complaint, it is satisfied that the complaint discloses a cognizable offence, then it can conduct the investigation itself or direct the subordinate to register the case and start investigating in the matter.

Complaint to Judicial Magistrate


If no action has been taken by the high ranking officer, then an application can be made under section 156 (3) read with Section 190 of the Code of Criminal Procedure to a Judicial Magistrate / Metropolitan Magistrate thereby requesting the FIR to be registered by the police and commencing investigation into the matter.

What kind of action can be taken against such police officers?


  • A writ of Mandamus may be filed in the respective High Court against the defaulting Police officers, inter alia, to Register the FIR and directing him to show cause the reasons for him not lodging a FIR.
  • Refusing to register an FIR on a jurisdictional ground, a policeman can now be jailed for one year. Taking a strong stand on the increasing incidents of such acts by the police in various states, the Union Home Ministry has issued strict instructions to all the states that they should not only initiate departmental inquiry against such policemen but also prosecute them under the Indian Penal Code.

Hon’ble Supreme Court, In Lalita Kumari case, has held that the Police must register FIR where the complaint make known a cognizable offence.

Note


Under section 166A(c) of the IPC, if the Public servant fails to record any information given to him under sub-section (1) of section 154 of the Code of Criminal Procedure, 1973, in relation to cognizable offence punishable under sections (326A, 326B, 354, 354B, 370, 370A, 376, 376A, 376B, 376C, 376D, 376E or 509) of the Indian Penal Code, he is punishable imprisonment 
  • For a term which shall not be less than six months but may be extend to two years.  
  • Shall also be liable to fine.

FIR is your legal right, especially in cognizable cases.

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