What to do when police does not take your FIR?
What to Do When FIR is Not Taken by the Police
A First Information Report (FIR) is the first legal document that initiates criminal proceedings. It records the first information received by a police officer about the commission of a cognizable offense, as per Section 154 of the Criminal Procedure Code (CrPC).
Cognizable and Non-Cognizable Offences
Cognizable offences allow police to arrest the accused without a warrant and begin an investigation without court permission. In contrast, Non-Cognizable offences require police to seek court approval for arrest and investigation. Schedule I of the Criminal Procedure Code specifies which offenses are cognizable and which are not.
According to Section 154(1) of the CrPC, an FIR can only be filed for cognizable offenses. Schedule I of the CrPC distinguishes cognizable and non-cognizable offenses.
Who Can Register an FIR?
Anyone with knowledge of a cognizable offense can request the police to register an FIR. The police must document the informant’s information accurately and prepare the First Information Report. Information can be given orally or in written form, as specified under Section 154(2) of the CrPC.
What to Do If the Police Officer Refuses to Register an FIR?
The police have discretionary power in registering an FIR, but this is not absolute and must be based on reasonable grounds. If a police officer unreasonably refuses to register an FIR, the following steps can be taken:
- Complaint to the Superintendent (SP) or DCP of the Police Officer:
Under Section 154(3) of the CrPC, if a police officer refuses to register an FIR, a written or mailed complaint can be sent to the Superintendent or DCP. If satisfied that the refusal is unreasonable, the Superintendent or DCP may investigate the case or assign it to a subordinate officer.
- Complaint to Judicial Magistrate:
If the police fail to register an FIR, a complaint can be filed directly with the Judicial Magistrate. Sections 156(3) and 190 of the CrPC allow a request to be made to the Judicial Magistrate (JMFC) or Metropolitan Magistrate (MM) for an order directing the police to register an FIR.
Key Essentials of a Complaint to the Hon’ble Court of Magistrate under Section 156(3) CrPC
When filing a complaint under Section 156(3) of the CrPC, consider including the following elements:
- Compliance with Section 154(1) CrPC
- Procedure when police refuse to take a complaint
- Complaint under Section 154(3) CrPC
- Memo of Parties in the Complaint
- Complaint to Magistrate under Section 156(3) CrPC
- Jurisdiction of the Magistrate
- Prayer Clause
- Action Taken Report
- Application of Section 156(2) CrPC
- Compliance with the Priyanka Srivastava ratio
- Compliance with the Lalit Kumari ratio
- Cases that require preliminary inquiry
- Annexures to the Complaint
- Certificate of Compliance with Section 65B of the Indian Evidence Act, 1872
This provides a comprehensive overview of how to file a complaint under Section 156(3) of the Code of Criminal Procedure, 1973, with the Hon’ble Court of Magistrate.
Case Laws
