India is a country with a very high crime rate, the country witnesses thousands of crimes every single day, after the commission of a crime the first thought that comes to our mind is, to visit the nearest police station and register an FIR. FIR is known as the first information report; however, the term is not defined in the Indian Penal Code (IPC), Code of Criminal Procedure (Cr.p.c), or any other law of the country, but the information recorded under Section 154 of the Cr.p.c is referred to as “first information report” in police regulations.
It is the very initial document formulated in a criminal case, the information on the commission of an offence that is provided to the police is contained in it. On the basis of the FIR, filed for a specific offence, the police begin their investigation.
CASES IN WHICH AN FIR CAN BE REGISTERED
As per section 154(1) of the Cr.p.c, 1973 the police are authorised to register an FIR, only for the cognizable offences, these are those offences for which the police have the authority to arrest without a warrant. Rape, theft, murder are some of the examples of cognizable offences.
In the case of non-cognizable offences, an FIR under Section 155 Cr.p.c, sometimes known as the “NCR,” is filed, and the complainant is directed to seek an order from a magistrate. Only after the permission is granted police can conduct the investigation.
WHO IS ELIGIBLE?
An FIR can be filed by anybody who has information concerning the commission of a cognizable offence. It is not necessary to file an FIR only if you are the victim of a crime.[1] When a police officer learns of a cognizable offence, he or she can file an FIR on his or her own.
IF OFFICER INCHARGE DENIED TO REGISTER YOUR FIR?
The most important point here is, whether the officer-in-charge of the police station has the authority to refuse to lodge the FIR under any circumstances? Yes, the refusal of a police officer to file an FIR is considered acceptable in two situations: first, if the complaint is about a trivial issue, and second if the police station does not have territorial jurisdiction over the offence.
So, there is a very minute chance for a cognizable offence to be an insignificant matter and the rejection to file an FIR on the second reason, is rather common, and the answer to it is the “Zero FIR.” The concept of a Zero FIR is that if an individual is unable to file an FIR in the police station with proper territorial jurisdiction for a specific offence for any reason, he or she may file it in any other police station within his or her reach, and that police station will then forward the report to the police station that has original jurisdiction for that offence. A police official is “duty-bound” to register an FIR if the offence is cognizable.
The Latika Kumari v. Govt. of UP & Ors.[2] the case is a watershed moment in the history of FIR registration. In this judgment, the Supreme Court established eight criteria that police must observe. “Is it binding for the police to lodge an FIR when it is informed about the commission of an offence that is cognizable in nature?” was the central question in the case of Latika Kumari. The Supreme Court replied positively to this question, ruling that when the police get information indicating the occurrence of a cognizable offence, they must file an FIR.
In the event that the empowered party fails to comply with Section 154(3) of the Code of Criminal Procedure, 1974, on unreasonable grounds, the law allows us to file a complaint with a higher-ranking police officer, such as a Superintendent of Police, Deputy Inspector General, or Inspector General of Police.
If the remedy provided under Section 154(3) Cr.P.C. fails to work, the informant should submit a private complaint with the concerned Judicial Magistrate under Section 156(3) read with Section 190 of the Criminal Procedure Code. On receiving such a complaint, the Magistrate is entitled to take notice of the case and order the police to investigate it.
CONSEQUENCES
Police personnel who fail to register an FIR in cognizable offences may suffer a variety of repercussions as a result of their negligence. If the responsible authorities do not take action, and after the aggrieved has exhausted all of the above-mentioned statutory and judicial remedies, then he may pursue the following options.
Under article 226 of the constitution of India, an aggrieved party may file a writ petition in the appropriate High Court seeking the issuance of a Writ of Mandamus against the delinquent police officers, after which the Court would order them to explain why they failed to file the report.
Another option for the aggrieved individual is to file a Writ Petition in the High Court to seek compensation if the failure to file the report resulted in the denial of his or her right to life and personal liberty as protected by Article 21 of the Indian Constitution.
A public official who fails to record information is punished under Section 166A of the Indian Penal Code.
The habit of police personnel refusing to record an FIR, no matter how heinous it appears, is quite common in the country. There might be a variety of causes, such as supporting the accused who are influential and have high links, harassing the impoverished victims, or public workers’ reckless behaviour etc. Whatever is the reason, the victim is the one who suffers. When a criminal offense is perpetrated, the filing of a FIR is the first step in initiating criminal proceedings, and hence the initial step in pursuing justice. When an aggrieved individual is denied the right to file a complaint, he is effectively denied justice, the law provides various remedies for the same.
REFERENCES
[1] Ravi kumar v State of Punjab, SC, Appeal (Cr.) 377/2005 (India).
[2] Lalita Kumari v. Govt. of U.P [W.P.(Crl) No; 68/2008]
