What to do if the police refuse to register FIR?

If the police refuse to register a First Information Report (FIR), there are several legal remedies available in India. The process of filing an FIR and the steps to take if the police refuse to register it are crucial aspects of the criminal justice system. Below is a comprehensive guide on what to do in such situations, along with a detailed explanation of FIRs.

Understanding an FIR

First Information Report (FIR) is a document prepared by the police when they receive information about the commission of a cognizable offense. A cognizable offense is one where the police have the authority to arrest without a warrant and start an investigation without the permission of a magistrate, such as in cases of murder, rape, theft, etc.

Key Features of an FIR:

  1. Initiation of Legal Proceedings: Filing an FIR is the first step in setting the criminal justice process in motion.
  2. Written Document: It is a written document, although it can also be given orally to the police officer, who will then write it down.
  3. Mandatory Registration: As per Section 154 of the Code of Criminal Procedure, 1973 (CrPC), it is mandatory for the police to register an FIR if the information discloses the commission of a cognizable offense.
  4. No Time Limit: There is no specified time limit for filing an FIR, though it should ideally be done as soon as possible after the occurrence of the crime.
  5. Who Can File: Any person can file an FIR, including the victim, a witness, or any person who knows about the commission of the offense.

Steps to Take if Police Refuse to Register an FIR

If the police refuse to register an FIR, the aggrieved party has several options, Below is an expanded version of each point related to what one should do if the police refuse to register an FIR, along with additional details about FIRs and their importance.

1. Approach the Superintendent of Police (SP) or Commissioner of Police

If a police officer refuses to register an FIR, the first course of action is to approach a higher authority within the police department. This could be the Superintendent of Police (SP) or the Commissioner of Police, depending on the jurisdiction.

  • How to Approach: You can submit a written complaint to the SP or Commissioner. The complaint should include all the relevant details of the incident that you wanted to report in the FIR, including the date, time, location of the incident, the nature of the offense, and any specific details about the accused. Attach any supporting documents or evidence that can substantiate your claim.
  • Legal Provision: As per Section 154(3) of the Code of Criminal Procedure (CrPC), 1973, it is the duty of the SP or Commissioner to take note of complaints where the SHO (Station House Officer) or any subordinate officer has refused to file an FIR. The SP or Commissioner has the authority to:
  • Investigate Personally: The SP or Commissioner can choose to investigate the matter themselves if the complaint is of a serious nature.
  • Delegate Investigation: They may also direct a subordinate police officer to investigate the matter, ensuring that the investigation is conducted fairly and impartially.
  • Outcome: Upon receiving your complaint, the SP or Commissioner should ensure that an FIR is registered and an investigation is initiated. They can also take disciplinary action against the police officer who refused to file the FIR, depending on the circumstances.

2. File a Complaint to the Judicial Magistrate

If approaching the SP or Commissioner does not yield results, or if you prefer to escalate the matter directly, you can file a complaint with the Judicial Magistrate or Metropolitan Magistrate.

  • Filing the Complaint: The complaint can be submitted under Section 156(3) of the CrPC, which empowers the Magistrate to direct the police to register an FIR and initiate an investigation. Your complaint should be thorough, providing a detailed account of the incident, the refusal by the police, and any other relevant information.
  • Magistrate’s Powers:
  • Direct Police Investigation: If the Magistrate is satisfied with the information provided, they can order the police to register the FIR and begin the investigation immediately.
  • Taking Cognizance: Under Section 190 of the CrPC, the Magistrate may take cognizance of the offense and proceed with the case as a complaint case. This means the Magistrate can begin a judicial inquiry, summoning witnesses, and gathering evidence independently of the police.
  • Court Procedures: The process involves the Magistrate examining your complaint and possibly conducting an initial hearing where you may be required to provide further details or evidence. The Magistrate can summon the police officers involved to explain why the FIR was not registered.
  • Outcome: If the Magistrate orders the police to register the FIR, the investigation will proceed as it would have if the FIR had been initially registered by the police. This legal route also serves as a check on police inaction or misuse of power.

3. File a Writ Petition

In cases where both the police authorities and the Magistrate fail to take action, or if there is an urgent need for intervention, filing a writ petition in the High Court is a viable option.

  • Legal Grounds: You can file a writ petition under Article 226 of the Constitution of India. The writ petition should highlight the police’s refusal to register the FIR, the subsequent inaction by higher authorities, and the need for judicial intervention.
  • Types of Writs:
  • Mandamus: This is the most common writ used in such situations. It is a command issued by the court to a public official (in this case, the police) to perform their duty, which includes the registration of an FIR.
  • Habeas Corpus, Prohibition, Certiorari, Quo Warranto: While these writs have different purposes, they may also be used in specific circumstances related to the refusal to register an FIR, particularly if it involves illegal detention, abuse of power, or other constitutional rights violations.
  • Court’s Powers: The High Court has extensive powers under Article 226 to ensure that justice is served. The court can:
  • Direct the Police: Order the police to register the FIR and conduct an investigation.
  • Order an Independent Investigation: In cases where there is a significant mistrust of the local police, the court may direct an independent investigation by a specialized agency like the Central Bureau of Investigation (CBI).
  • Compensation: The court can also order compensation for the complainant if there has been a gross violation of their rights due to the refusal to register the FIR.
  • Outcome: A writ petition, when successful, can result in immediate judicial intervention, compelling the police to act. This route also helps in cases where there is systemic corruption or negligence within the police force.

4. Approach the Human Rights Commission

If the refusal to register an FIR involves a violation of human rights, or if the complainant is a member of a marginalized or vulnerable group, approaching the National Human Rights Commission (NHRC) or the State Human Rights Commission (SHRC) is another option.

  • Filing a Complaint: Complaints to the NHRC or SHRC can be filed online, by post, or in person. The complaint should clearly describe the human rights violation and how the refusal to register an FIR exacerbates the situation. Attach any supporting evidence that can help the Commission understand the severity of the issue.
  • Commission’s Role:
  • Investigative Powers: The NHRC or SHRC can conduct an independent investigation or direct the police to register the FIR and proceed with the investigation.
  • Recommendations: The Commission can recommend disciplinary action against the police officers involved, suggest changes to police procedures, and even recommend compensation for the victim.
  • Public Interest Litigation (PIL): In certain cases, the NHRC or SHRC may file a PIL in the High Court or Supreme Court to address broader issues related to the refusal to register FIRs, especially if it indicates a pattern of human rights violations.
  • Outcome: While the recommendations of the NHRC or SHRC are not binding, they carry significant weight, and the government typically takes them seriously. The Commission’s involvement can also draw public and media attention to the case, putting additional pressure on the police to act.

Importance of Registering an FIR

Understanding the importance of registering an FIR is crucial as it is the foundation of the criminal justice process.

  • Legal Evidence: An FIR serves as the first official record of an alleged crime. It is crucial for the complainant as it provides legal evidence that a crime was reported to the authorities. This document is often referenced throughout the investigation and trial process.
  • Investigation Initiation: Once an FIR is registered, the police are legally obligated to investigate the matter. This involves gathering evidence, interviewing witnesses, conducting searches, and, if necessary, making arrests. Without an FIR, the police cannot take any legal steps to investigate the crime.
  • Protection of Rights: Registering an FIR ensures that the complainant’s rights are protected. It acts as a safeguard against any potential harassment, threats, or coercion that the complainant might face from the accused or other parties.
  • Judicial Process: An FIR is often the first document that the court will examine in criminal proceedings. It lays the groundwork for the prosecution’s case and helps the judiciary understand the sequence of events leading up to the crime.
  • Public Awareness and Accountability: Registering an FIR also serves a public interest by holding law enforcement accountable. It ensures that the police cannot ignore or dismiss serious allegations of criminal activity, thereby maintaining the integrity of the legal system.

Practical Tips When Filing an FIR

Filing an FIR can be a daunting process, especially for those unfamiliar with legal procedures. Here are some practical tips to ensure that the process goes smoothly:

  1. Be Clear and Concise:
    • When reporting the crime, make sure that the information you provide is clear and concise. Include details such as the exact date, time, and location of the incident. Describe what happened, how it happened, and who was involved. Avoid exaggeration or providing irrelevant details, as this can complicate the investigation.
  2. Provide Evidence:
    • If you have any evidence that can support your complaint, such as photographs, videos, documents, or witness statements, present them to the police when filing the FIR. This evidence can strengthen your case and help the police in their investigation.
  3. Request a Copy of the FIR:
    • After the FIR is registered, always request a copy from the police. According to Section 154(2) of the CrPC, the police are required to provide a free copy of the FIR to the complainant. This copy is crucial for future legal proceedings and for following up on the investigation.
  4. Follow Up:
    • Regularly follow up with the police regarding the progress of the investigation. This can involve visiting the police station, calling the investigating officer, or sending written reminders. Following up ensures that the case is not neglected and that the police are actively pursuing the investigation.

Conclusion

Registering an FIR is a fundamental right in India, and it is the cornerstone of the criminal justice system. If the police refuse to register an FIR, there are several legal avenues available to ensure that justice is served. From approaching higher

police authorities and the judiciary to filing writ petitions and involving human rights commissions, the law provides robust mechanisms to protect the rights of individuals and ensure that crimes are investigated thoroughly. Understanding these processes and knowing your rights can empower you to take the necessary steps to seek justice when faced with police inaction.

Important: Kindly Refer New Corresponding Sections of Bharatiya Nyaya Sanhita 2023, (BNS); Bharatiya Nagarik Suraksha Sanhita 2023, (BNSS); & Bharatiya Sakshya Adhiniyam 2023, (BSA) for IPC; CrPC & IEA used in the article.

Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation

Advocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)

Contact: 88271 22304

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