Can a police officer refuse to file an F.I.R?

A police officer can refuse to file F.I.R depending on the nature of the complaint. F.I.Rs are lodged only for cognizable offences and for non- cognizable offences a complaint is submitted to the Magistrate who in return ask the police for action.

Cognizable offences – In these offences a police officer has authority to arrest a person without a warrant under any law for the time being in force. They are usually offences which are serious in nature. For e.g. – murder, rape, dowry death, kidnapping etc.

Non cognizable offences – In these offences, a police officer has no authority to arrest without warrant. Such offences are not much serious in nature and the injury done to society is comparatively less. For e.g. – assault, cheating, forgery.

Who can file an F.I.R?

(a) Victim of the offence or,

(b) A family member/ relative or friend or even an acquaintance of the victim who has the knowledge of the offence, or

(c) A witness to the offence, or

(d) A police officer, or

(e) Any other person who has the knowledge about a crime that has taken place or about to take place.

If police officer refuses to file F.I.R in cognizable offences –

(a) You can file a complaint in written to the concerned higher officials i.e. SP or DCP. He shall either investigate himself or instruct other officers to investigate the matter.

(b) If the SP or DCP also fails to register your F.I.R, you can file the petition under section 156(3) of Cr.P.C. for the direction to register F.I.R before the metropolitan magistrate.

(c) In case the magistrate also refuses to pass the direction for registration of F.I.R, you can move directly to the High Court. (d) You can also make a complaint to the State Human Right Commission or National Human Right Commissioner if police do nothing in respect of filing the F.I.R or do in a biased or corrupt manner.

Leave a Reply