WHY A POLICE OFFICER CANNOT REFUSE TO REGISTER AN FIR?
Updated: Aug 11, 2020
Briefly explaining, a First Information Report (FIR) is the underlying advance in a criminal case recorded by the police and contains the fundamental information on the wrongdoing carried out, spot of commission, time of commission, who was the person in question, and so on. The definition for the First Information Report has been given in the Code of Criminal Procedure, 1973 by the ethicalness of Section 154. The Supreme Court of India, set out certain significant focuses in regards to Section 154 of the Cr.P.C. on account of T.T. Antony v. Province of Kerala and Ors ( MANU/SC/0365/2001) that is the Information given under section 154(1) as the First Information Report, however the term isn't utilized yet as it's moniker proposes, it is the soonest and the first information of a cognizable offence recorded by an official responsible for a police station.
Now the question arises that why a police officer refuses to register and the answer to that could be legally justified and in some cases could be Illegal. It is legal in the cases where they don't have purview or isn't in their lawful ability to take perception or the offence is of non-cognizable nature as in case of a non-cognizable offence, instead of an FIR, a police complaint is filed. In any case, where police will not record the objection for conspicuous reasons, with no considerable lawful ground, it is in opposition to law. At the point when a cop will not enlist the FIR on the ground that it unveils a non-cognizable offence, he should advise the witness and direct him to document an objection to the officer. In the event that the offence submitted is past the regional purview of a police headquarter, information ought to be recorded and sent to the fitting police headquarters having ward, in any case declining to record on this ground will add up to abandonment of obligation held in State of A.P. v. Punati Ramulu (AIR 1993 SC 2644).
There are a few remedies if the Police Officer with no considerable lawful ground have refused to register which are that the witness can move towards the Superintendent of Police, if the concerned official in control won't register a first information report about commission of a cognizable offence inside his regional locale under Sec. 154(3) of Cr.P.C, the source can move towards any senior official of police or the Superintendent of Police or the Commissioner of the police with a composed grumbling. On the off chance that, in the wake of breaking down the protest it is fulfilled that the grievance unveils a cognizable offence, he may additionally explore the case himself or offer bearings to his subordinate to enrol the FIR and start examination in the issue. If significantly in the wake of presenting a protest to Senior Police authorities, no FIR is held up then the witness is lawfully qualified for record an objection to the Judicial Magistrate under section 156(3) read with Section 190 of the criminal procedure. A writ of Mandamus under Article 226 in the High Court against the defaulting Police officials can be filed, to Register the FIR and guiding the Police Officer to show causes behind him not dwelling the FIR. And lastly, under section 166A(c), if the Public worker concerned neglects to record any information given to him under sub-section (1) of section 154 of the Code of Criminal Procedure, 1973, comparable to cognizable offence culpable under section 326A, section 326B, section 354, section 354B, section 370, section 370A, section 376, section 376A, section 376B, section 376C, section376D, section 376E or section 509 of the Indian Penal Code, he is culpable with thorough detainment for a term which will not be under a half year yet which may stretch out to two years, and will likewise be obligated to fine.
There are remedies but nobody can help when an offence is in its commission and the Police Officer refuses to register. The remedies are of no use when it can’t prevent the commission of an offence and what’s the benefit of questioning the Police Officer later when the Offence has already been committed. In view of this, a concept of Zero FIR has been introduced which says that any police headquarter can enlist an FIR independent of jurisdictional region yet the investigation will be taken up by the police in which spot of event announced in FIR. The police headquarters can register the zero FIR checking it sequential no. zero and move to the skillful jurisdictional region which can complete the further investigation. The sacredness of legitimate procedure stays same in zero FIR. It is extremely useful for individuals as it encourage them by not permitting to make rounds of various police headquarters for housing the FIR. But the circumstances need the law to be changed and non-registration can be seen in a broader view by criminalizing it. There are different perspectives for this and adherence to the Law is the necessity till the date.
Author - Yashika Manchanda