Police declines to file FIR

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Partha Basu

HUMAN RESOURCES

发布日期: 2017年9月5日
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What can be done if Police Officer declines your request to File an FIR

What can be done in case when Police Officer refuses to File an FIR? If a crime needs to be reported by you, and the police officer, on an unreasonable ground, refuses to register your FIR then Senior Officer can be approached. If still the FIR is not lodged, then a written complaint can be made to the nearest Judicial Magistrate. Then the Magistrate will order the police to register the FIR. These days there is E-filing of the complaint.

After the complaint has been registered, do not forget to take the receipt of the complaint.

The denial on filing the FIR by the police officer can be due to various reasons, one being – the issue is a pity one or if necessary territorial jurisdiction is not there in that police station. Crimes are classified into two categories as per law – ‘Cognizable’ and ‘Non- Cognizable’ offences. Only the FIR is registered in the cognizable offences whereas in the Non-Cognizable offences the Police is directed by the Magistrate to take the action. Crimes coming under the category of Cognizable Offences are Rape, Rioting, Dacoity, Murder etc. wherein the police can arrest without a warrant and Non- cognizable Offences includes Forgery, Public Nuisance, Cheating, Fraud, etc. where the police is not allowed to arrest without a warrant.

Remedying the Law – If you are refused by the police officer to file a FIR relating to a cognizable offence within its territorial Jurisdiction Under Sec 154(3), then senior Police officer or Commissioner of Police or Superintendent of Police can be approached with a written complaint. After being satisfied, the subordinate police officer will be directed by the senior officer to register the FIR.


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