FIR- FIRST INFORMATION REPORT (2022)

  • Lex Maven
  • April 2, 2022

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FIR- FIRST INFORMATION REPORT (2)

By Shipra Gupta, Lex Maven –many a time we are surprised police officer refuses to act on complaint –WHAT TO DO WHEN POLICE REFUSES TO REGISTER AN FIR?

1,INTRODUCTION

In today’s world we witness many crimes such as fraud, cheating, blackmailing, kidnapping, threatening, grievous hurt, domestic violence etc and in all these situations the only solution that comes to our mind is to go to a police station and file a complaint regarding the wrong.

But many a time we are surprised when we go to police station to file a complain and police officer refuses to file the complaint, in such situation we feel helpless, but law suggests remedies for the situation when police officer refuses to file a complaint and the said complain is called FIR.

This article throws light on the concept of FIR, Remedies when police refuse to register FIR, etc. The article uses different facts, landmark judgments, data to interpret the concept more appropriately.

(Video) First Information Report [FIR] - Understanding Our Criminal Justice System | Class 8 Civics

2. WHAT IS FIR & IN WHICH CASES IT CAN BE LODGED?

FIR is known as First Information Report as it suggests by its name, it is the first report or complain file by a complainant in respect of the offence committed against him or with any other person. FIR is the most important document in every case as it is the fundamental for initiating the proceedings and investigation in respect of the lodged FIR.

The detailed procedure to file an FIR is mentioned under Section 154 of Cr.P.C. the FIR contains detailed information such as particulars of the complainant and the opposite party with entire details and particulars of the incidence happened. The FIR can be in written or oral and if it is oral then police officer who is filing the FIR can record it.

The FIR is filed under cognizable offences (bailable or non- bailable) and after lodging the FIR police officers can commence the investigation based on the facts of the FIR. But in the case of non-cognizable offences the FIR is not registered instead of that the complaint is registered and police can start the investigation only after the order of Magistrate. In non-cognizable offense if police start the investigation without order of the magistrate then it shall be considered as illegal.

But many a times it is observed that the police refused to lodge the FIR even in respect of cognizable offence, let’s discuss the remedies and situations when police refuse to file a FIR:

3. CAN POLICE REFUSE TO REGISTER AN FIR

According to law, police cannot refuses to file FIR in the case of cognizable offences, but there is some exceptional case where police can refuse to file an FIR such as:

  • When the offense falls under the category of non-cognizable offense or the complain is about the incidence which does not fall into the ambit of legal dimensions.
  • Before the introduction of ZERO FIR the police have the authority to refuses to lodge the FIR if it does not fall into the jurisdiction.

ZERO FIR: Any person whose rights are aggrieved can lodge the FIR at any police station irrespective of the jurisdiction and police cannot refuse to lodge the FIR stating the reason that it is beyond the jurisdiction. Any police station can lodge the FIR and can start primary investigations in cognizable case and can transfer the case to the complainant’s jurisdictional police station.

REMEDIES WHEN POLICE REFUSES TO REGISTER FIR

  1. CONSTITUTIONAL REMEDY

Lodging an FIR is a most important right of every citizen and when it is infringed the aggrieved person can file a Writ of Mandamus to urge the court to direct the police to perform their duty, the writ shall be filed under Article 226 & Article 32 of Indian Constitution to file writ before respected High Court and Supreme Court.

2. STATUTORY REMEDY

REMEDY UNDER SECTION 154(3) OF CrPC

When police refuses to lodge an FIR the aggrieved person under the Section 154(3) of CrPC can write an application to the Superintendent of Police stating the complaint and when superintendent of police deems fit they start investigation by himself or order to any police to investigate the said matter.

  • REMEDY UNDER SECTION 156(3) OF CrPC

Aggrieved person can give a written complaint to the magistrate and if it deems fit magistrate shall direct the police to conduct investigation u/s. 156(3) of CRPC.

4. RULINGS

In the case of Lallan Chaudhary v. State of Bihar[1], the Supreme Court in this case held that it is mandatory duty of officer in charge of police station to register FIR for the offense falls under the category of cognizable offense and officer in charge of police station cannot refuse to register FIR on the ground of unreasonableness and credibility of information.

In the case of Lalita Kumari v Govt. of U.P. & Ors[2]. in this case the Supreme court held that the officer in charge of police station is bound to register the FIR for the offense falls under the category of cognizable offence and no preliminary inquiry is required for the said complaint.

5. CONCLUSION

Lodging of FIR is one of the most important right of every citizen and citizens have remedies to exercise them when their rights are infringed. As FIR is the first step towards all the proceedings and investigations in respect of the said complaint and it cannot be refused at any cost as aggrieved person goes to police station for lodging the FIR with a hope that they will get justice. This paper contains the remedies which an aggrieved person can exercise and keep a step forward to get justice.

[1] AIR 2006 SC 3376

[2] AIR 2014 SC 187

By Shipra Gupta, Lex Maven -WHAT TO DO WHEN POLICE REFUSES TO REGISTER AN FIR?

1,INTRODUCTION

In today’s world we witness many crimes such as fraud, cheating, blackmailing, kidnapping, threatening, grievous hurt, domestic violence etc and in all these situations the only solution that comes to our mind is to go to a police station and file a complaint regarding the wrong.

But many a time we are surprised when we go to police station to file a complain and police officer refuses to file the complaint, in such situation we feel helpless, but law suggests remedies for the situation when police officer refuses to file a complaint and the said complain is called FIR.

This article throws light on the concept of FIR, Remedies when police refuse to register FIR, etc. The article uses different facts, landmark judgments, data to interpret the concept more appropriately.

(Video) FIR | First Information Report | Section 154 | CrPC

2. WHAT IS FIR & IN WHICH CASES IT CAN BE LODGED?

FIR is known as First Information Report as it suggests by its name, it is the first report or complain file by a complainant in respect of the offence committed against him or with any other person. FIR is the most important document in every case as it is the fundamental for initiating the proceedings and investigation in respect of the lodged FIR.

The detailed procedure to file an FIR is mentioned under Section 154 of Cr.P.C. the FIR contains detailed information such as particulars of the complainant and the opposite party with entire details and particulars of the incidence happened. The FIR can be in written or oral and if it is oral then police officer who is filing the FIR can record it.

The FIR is filed under cognizable offences (bailable or non- bailable) and after lodging the FIR police officers can commence the investigation based on the facts of the FIR. But in the case of non-cognizable offences the FIR is not registered instead of that the complaint is registered and police can start the investigation only after the order of Magistrate. In non-cognizable offense if police start the investigation without order of the magistrate then it shall be considered as illegal.

But many a times it is observed that the police refused to lodge the FIR even in respect of cognizable offence, let’s discuss the remedies and situations when police refuse to file a FIR:

3. CAN POLICE REFUSE TO REGISTER AN FIR

According to law, police cannot refuses to file FIR in the case of cognizable offences, but there is some exceptional case where police can refuse to file an FIR such as:

  • When the offense falls under the category of non-cognizable offense or the complain is about the incidence which does not fall into the ambit of legal dimensions.
  • Before the introduction of ZERO FIR the police have the authority to refuses to lodge the FIR if it does not fall into the jurisdiction.

ZERO FIR: Any person whose rights are aggrieved can lodge the FIR at any police station irrespective of the jurisdiction and police cannot refuse to lodge the FIR stating the reason that it is beyond the jurisdiction. Any police station can lodge the FIR and can start primary investigations in cognizable case and can transfer the case to the complainant’s jurisdictional police station.

REMEDIES WHEN POLICE REFUSES TO REGISTER FIR

  1. CONSTITUTIONAL REMEDY

Lodging an FIR is a most important right of every citizen and when it is infringed the aggrieved person can file a Writ of Mandamus to urge the court to direct the police to perform their duty, the writ shall be filed under Article 226 & Article 32 of Indian Constitution to file writ before respected High Court and Supreme Court.

2. STATUTORY REMEDY

REMEDY UNDER SECTION 154(3) OF CrPC

When police refuses to lodge an FIR the aggrieved person under the Section 154(3) of CrPC can write an application to the Superintendent of Police stating the complaint and when superintendent of police deems fit they start investigation by himself or order to any police to investigate the said matter.

  • REMEDY UNDER SECTION 156(3) OF CrPC

Aggrieved person can give a written complaint to the magistrate and if it deems fit magistrate shall direct the police to conduct investigation u/s. 156(3) of CRPC.

4. RULINGS

In the case of Lallan Chaudhary v. State of Bihar[1], the Supreme Court in this case held that it is mandatory duty of officer in charge of police station to register FIR for the offense falls under the category of cognizable offense and officer in charge of police station cannot refuse to register FIR on the ground of unreasonableness and credibility of information.

In the case of Lalita Kumari v Govt. of U.P. & Ors[2]. in this case the Supreme court held that the officer in charge of police station is bound to register the FIR for the offense falls under the category of cognizable offence and no preliminary inquiry is required for the said complaint.

5. CONCLUSION

Lodging of FIR is one of the most important right of every citizen and citizens have remedies to exercise them when their rights are infringed. As FIR is the first step towards all the proceedings and investigations in respect of the said complaint and it cannot be refused at any cost as aggrieved person goes to police station for lodging the FIR with a hope that they will get justice. This paper contains the remedies which an aggrieved person can exercise and keep a step forward to get justice.

[1] AIR 2006 SC 3376

[2] AIR 2014 SC 187

FIR- FIRST INFORMATION REPORT (3)

Lex Maven

Leading Law Firm in Central India

(Video) FIR / Section 154 CrPC

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