FIR stands for first information report, which is a written document prepared by police when there is a commission of any cognizable offence. The victim or anyone on behalf of that victim can lodge the complaint either orally or in writing. The FIR is considered an important document because it sets the process of the criminal justice system in motion. This document is considered as a base to start an investigation related to any case and becomes the first impression of the prosecution case.
Cognizable offences are those where a police officer can arrest a person without a warrant, as per the first schedule of the Criminal Procedure Code, 1973 (“CrPC”). After arrest, the accused is to be produced before the Magistrate who may require the police officer to investigate the matter further.
According to sub-Section (c) of Section166(A) of CrPC, if any public servant fails to record any information given to him (regarding cognizable offence) under Section 154 (1) of CrPC, he will be liable to be punished with rigorous imprisonment for a term which shall not be less than six months and can be extended to two years. The officer in question can be fined too.
Sometimes the police are unwilling to register an FIR whenever someone complains about the commission of an offence. This may happen when the police do not possess the requisite jurisdiction or legal capacity to take cognizance or the crime is non-cognizable. However, where the police refuse to file the complaint without any substantial legal ground, it is contrary to law.
A vague, indefinite or unauthorized piece of information cannot be regarded as first information merely because it was received first in point of time. Likewise, an unclear message over the phone simply stating that a person is lying dead on the road does not amount as First information report.
Remedies when the police refuse to register “FIR”
The police officer can only refuse to file FIR when he thinks that registration of FIR is not required to proceed or when he thinks it is a non-cognizable offence, but he cannot do so in case of a cognizable offence. The aggrieved person can take the following measures-
1.File a complaint to the Superintendent of Police
2. Approach a Judicial Magistrate
3. File a writ petition
4. Can go to State and National Human Rights Commission.
Complaint before Superintendent of Police
If the concerned officer in charge refuses to register an FIR on the commission of a cognizable offence within his territorial jurisdiction, the informant can approach any senior officer of police or the Superintendent or Commissioner of Police with a written complaint. If, after analyzing the complaint he is satisfied that the complaint discloses a cognizable offence, he may investigate the case himself or give directions to his subordinate to register the FIR and initiate an investigation in the matter.
Complaint before a Judicial Magistrate.
After submitting a complaint to Senior Police officials if no FIR is lodged then the informant is legally entitled to file a complaint to the Judicial Magistrate/ Metropolitan Magistrate u/s 156(3) read with Section 190 of the CrPC, thereby requesting the FIR to be registered by the police and commencing investigation into the matter.
A Complaint Petition can be filed before the judicial magistrate under Section – 190 of CrPC.
File a Writ Petition
Any person to whom an Officer in Charge of the police station refuses to file FIR for any cognizable offence within his territorial jurisdiction can file a writ petition in the Hon’ble High Court for the-
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Issuance of writ of mandamus against the defaulting police officer. To give the reason for non-registration of FIR, and why he should not be suspended for interfering in the administration of justice and disturbing the accused person.
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And ask for damages/compensation for the frustration and for the deprivation of life and liberty under article 21 of the Constitution of India.
Complaint before State and National Human Rights Commission
Any person to whom an Officer in Charge of the police station refuses to file an FIR for any cognizable offence within his territorial jurisdiction can file a complaint before
State Human Rights Commission of that State or
National Human rights Commission.
The said complaint must make out why a particular police officer is not doing his duty of enforcing the law which is made to be enforced for public welfare, and that they are so negligent, biased and wholly corrupt, that they ignore the injustice, mental trauma and frustration faced by the victim.
The above stated recourse can be taken by a complainant in case a police officer refuses to file a complaint thus, ensuring that complete justice is given and no person should be left unheard.
Disclaimer– This is not a substitute for legal advice. Readers are encouraged to obtain appropriate legal advice before acting in pursuance of this article. Views are personal.
