Hurdles in Registration of F.I.R and Public Perception of Police

Introduction

It would be no surprise if you come across a crime in today’s world. Assume that theft has taken at the house or you witnessed two persons kidnapping a child in all these situations the first thought that would come to your mind would be to go to the police station and file a complaint.

An FIR is a very important document as it sets the process of criminal justice in motion. It is only after the FIR is registered in the police station that the police take up an investigation of the case.

F.I.R is not defined anywhere neither under the criminal procedure code (Cr.P.C) nor other Indian Legislature rather the term has not been used except in section 207 which requires the magistrate to furnish to the accused a copy of the F.I.R recorded under section 154(1) of the code.  

F.I.R is the primary information to the nearest police station about the cognizable either by the aggrieved party or his/her parents, relatives or friends or by any other person who has knowledge that the cognizable offense happened. Such information can also be given via telephone, letter or email. If the information is so desired, he can also file an e-F.I.R should make it as soon as possible because delay creates doubt about the creditability of F.I.R and complaint.

According to section 154(1) of Cr.P.C generally called First Information Report-

(1) Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction and be read over to the informant and every such information, whether given in writing or reduced to writing as aforesaid shall be signed by the person giving it and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf.

[1][Provided that if the information is given by the women against whom an offence under section 326A, section 326B, section 354, section 354A, section 354B, section354C, section354D, section 376, section 376A, section 376B, section 376C, section 376D, Section 376E or section 509 of the

Indian Penal Code (45 of 1860) is alleged to have committed or attempted, then such information shall be recorded, by a women police officer or any women officer-

(a) in the event that the person against whom an offence under section 354, section 354A, section 354B, section 354C, section 354D, section 376, section 376A, section 376B, section 376C, section 376D, Section 376E or section 509 of the Indian Penal Code (45 of 1860) is alleged to have committed or attempted is temporarily or permanently mentally or physically disabled then such information shall be recorded by a police officer at the residence of the person seeking to report the such offence or at a convenient place of such person choice in the presence of an interpreter or a special educator as the case may be,

(b) the recording of such information shall be video graphed.

(c) the police officer shall get the statement of the person recorded by a Judical Magistrate under clause (a) of sub-section (5A) of section 164 as soon as possible.]

(2) A copy of the information as recorded under sub-section (1) shall be given forthwith free of cost to the informant.

(3) Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in sub-section (I) may send the substance of such information, in writing and by post to the Superintendent of Police concerned who if satisfied that such information discloses the commission of a cognizable offence shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him in the manner provided by this Code and such officer shall have all the powers of an officer in charge of the police station in relation to that offence.

A First Information Report, as the name suggests, is the first document that is formulated in a criminal proceeding. The contents of an FIR consist of information regarding the commission of an offence, which is provided to the police. The police begin the investigation of a specific crime on the basis of the FIR registered for the same. Therefore, an FIR plays a crucial role in regard to the procedure of criminal law.[2]

In Lalita Kumari vs. Govt. of UP & Ors.[3] The most crucial landmark judgment when it comes to matters relating to the registration of FIR. The Supreme Court in this judgment laid down eight guidelines that are to be followed by the police to date. The essential question that arose in the case of Lalita Kumari was, “whether it is binding for the police to lodge an FIR when it is informed about the occurrence of an offence which is cognizable in nature.

The Apex Court affirmatively answered this question and ruled that it is obligatory for the police to lodge an FIR on receiving information that discloses the commission of a cognizable offence.  The Court further held that if it is clear that a cognizable offence has been committed, the police are not required to do any kind of preliminary inquiry.

It means that the preliminary inquiry is valid merely to the extent of determining whether the offence committed is cognizable or not. Furthermore, the Apex Court clearly mentioned the kind of cases in which the preliminary inquiry could be conducted by the police, which are family disputes, commercial offences, medical negligence cases, corruption cases and cases with abnormal delay. Also, the Court ordered that the preliminary inquiry must be started within 7 days of receiving the information of offence.

In State of Haryana v. Bhajan Lal[4] the Hon’ble Supreme Court considered in detail the provisions of section 482 and the power of the High Court to quash the criminal proceedings or F.I.R and also mentioned in cognizable cases police officer has bound to register such information.

In Bathula Nagamalleswara Rao & Ors. vs. state Rep. by Public Prosecutor[5], the apex court held that delay or any hurdle in lodging of FIR if justifiably explained, will not be fatal. An undue delay in lodging a First Information Report is always looked with a certain amount of suspicion and should as far as possible be avoided.

Refusal/Hurdle to register of F.I.R by a Police Officer

The main question that arises here is, whether the officer-in-charge of the police station can deny registering the F.I.R in any circumstance. The answer to this is affirmative. The denial by the police officer to file an F.I.R is considered legal typically in two scenarios, the case does not fall within their jurisdiction. It deals with an offense that is non-cognizable in nature or it is outside their legal capacity to take cognizance of such offense.

In such circumstances, the refusal to lodge an F.I.R is legitimate and justified but sometimes we see the police officer not register the F.I.R  some unexplainable ground like by coming under political pressure or taking money from the party against it and you know that it is a crime because it is the duty of station house officer (SHO) or authorized police officer to registered F.I.R.and if such officer denies or refuse to do so would liable under section 166A of the Indian Penal Code, 1860 and shall be punished with rigorous imprisonment for a term which shall not be less than six months but which may extend to two years and shall also be liable to fine.[6]

When a police officer refuses to register your F.I.R then you have a statutory and judicial remedy. If the concerned officer in charge refuses to register a first information report about the commission of a cognizable offence within his territorial jurisdiction under sec.154(3) the informant can approach the superintendent of police or the commissioner of the police with a written complaint.

If upon analysis of the complaint, the S.P of the Commissioner is satisfied that it discloses a cognizable offence he may either investigate the case himself or direct his subordinate to register the FIR and initiate an investigation into the matter and if the above-listed remedies go in vain the informant is legally entitled to file a complaint to Judicial Magistrate/ metropolitan magistrate u/s 156(3) read with sec 190 of the Cr.P.C there by praying FIR to be registered by the police and investigation into the matter.

A writ petition in the respective high court may be filed for the issuance of a writ of mandamus against the defaulting police officers inter alia to register the FIR.

A writ petition may be filed in the respective high court for seeking damages/compensation if the inaction of the police on the complaint/deprivation of life and liberty of any person is guaranteed under article 21 of the constitution of India.[7]

Public perception towards the Police

The public may have a positive, negative and mixed perception of police and the public always wants to maintain law and order, prevent crime in society by the police officer, police officer done their duty properly and investigate offence, catch criminals etc. but the public has negative perception also towards the police as police officers behave very rudely and some police officer demanding bribes and doing other illegal things.

Conclusion

Hurdles arise when a victim party goes registration for F.I.R and a police officer can refuse to register an F.I.R- the case does not fall within their jurisdiction. It deals with an offense that is non-cognizable in nature or it is outside their legal capacity to take cognizance of such offense. In such circumstances, the refusal to lodge an F.I.R is legitimate and justified but if the police office refuses registration an F.I.R under the pressure of a political party and his personal interest then it is a criminal offence according to the Indian Penal Code, 1860.

The police officer should that whenever any complaint comes to him with his application he should first investigate his application properly and take necessary action but don’t refuse his application at the moment for any political pressure or on your personal interest. Police are one of the most ubiquitous organizations in society.

The policemen, therefore, happen to be the most visible representatives of the government. In an hour of need, danger, crisis and difficulty, when a citizen does not know, what to do and whom to approach, the police station and a policeman happen to be the most appropriate and approachable unit and person for him.

But few bad officers are spoiling the name of the Indian police and they are not his work according to their duty. That’s why we can’t make our perception negative of those bad officers and is said that everywhere you find both negative and positive people and we can see only a few bad officers are there if the government makes some policy then the police department will run very smoothly.

References

• Dr. Raj Kumar Yadav, First Information Report and Delay in Registration of a case: A study of Judicial Trends, 2012.
• Qureshi, H (2018), Whether India is Ready for online FIRs, Indian Police Journal, 2018, Vol 65(4). pp 73-80.
• Sharma Laxmi (2015), Police Reforms: Initiatives and Impediments (Accountability for the Indian Police) International Journal of Applied social Science, (2015) Vol 2 (11&12), Nov & Dec (2015).
• Lee Alexander (2021), Policing in India: The politics of Justice in a poor Democracy, Feb, 2021.
• V Thakur , RK Sharma (2013), Myths and Realities of Police Reforms in India.

End Notes

[1] Ins. By Act 13 of 2013, s.13 (3.2.2013)

[2] ipleaders, https://blog.ipleaders.in/refusing-register-fir-cognizable-offences/ (last visited on August 23, 2022)

[3] Lalita Kumari vs. Govt of UP & Ors. (2014) 2 SCC 1.

[4] State of Haryana v Bhajan Lal, 1992 Supp(1) SCC 335.

[5] A.I.R 2008 Crimes 188 (SC) at page 189.

[6] INDIAN KANOON, https://indiankanoon.org/search/?formInput=registration%20of%20fir (last visit on August 27, 2022).

[7] Non registration of F.

I.R by police and its consequences, https://tripakshalitigation.com/non-registration-of-fir-by-police-and-its-consequences/ (last visit on August 26, 2022).

The article has been contributed by Mr. Aabil Husain, Assistant Professor, Department of Law, Prestige Institute of Management & Research, Gwalior.