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  • Category: Foreign Law

    What can be done if Police Officer declines your request to file an FIR?


    Want to know the rules for filing FIR? Searching for detailed procedure and whether one can refuse to file the FIR? Resolve your concerns by reading the responses from experts here.

    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:
    What must be done to get FIR registered.
    What are the 'Cognizable' and 'Non- Cognizable' offences ?
  • #145347
    A police officer can't refuge to raise an FIR if a genuine complaint is given. But sometimes what happens people immediately after the incident will give a complaint and after sometime they come and want to withdraw their complaint. But generally once the FIR is raised they can't withdraw. Keeping in mind these problems, they will not book the FIR immediately. After receiving the complaint, the will call the other party and take their view and basing on the outcome they decide to go for FIR.
    If anybody is not willing to FIR without any reason, you can go to his next immediate bass and give the complaint there stating that the lower officer is not willing to book a FIR.
    Second way is make a complaint and give it in the police station and get an acknowledgement for you complaint. Then they are bound to raise FIR.
    Another method is to send the complaint by registered post acknowledgement due if the police attention is not required immediately. While sending the registered post in the letter you should clearly mention that the officer is refused to book an FIR and because of this you are sending the complaint by registered post. The first option is the best one. If SI is refusing go to CI.If CI is refusing go to DSP.

    drrao
    always confident

  • #145356
    First Information Report (FIR) is lodged at Police Stations. The crime rate is determined by the total number of FIRs lodged. It has been seen that many a time policemen don't want to lodge FIR in case of minor offense, because in such case (where FIR is lodged), the police is duty-bound to investigate and file formal report. A person can now lodge FIR online. Furthermore, if an Inspector declines to lodge FIR, the complainant can move to one level higher and insist the Officer to lodge FIR.

    Cognizable offenses are those offenses which are serious in nature. Example- murder, rape, dowry death, kidnapping, theft, criminal breach of trust, etc. In case of cognizable offence, a Police Officer can investigate without the Magistrate's permission..

    Non-cognizable offenses are those offenses which are not very serious in nature. Example- assault, cheating, forgery, defamation, etc. In case of non-cognizable offenses, it is important for the Police Officer to obtain the permission from the Magistrate.

    Caution: Explosive. Handle with care.

  • #145358
    TThis response is marked as DELETED by the admin.


    If a crime needs to be reported by you,and the police officer refuses the FIR to register on an unreasonable ground refuses 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. The Magistrate will order the police to register the FIR. These days You can also register FIR by 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.

    A Writ Petition can be filed in respective High Court in order to seek Damages/compensation happened during the course of not registering the FIR that led to frustration/deprivation of Life and Liberty of any Person under Article 21 of Constitution of India.

  • #145396
    In earlier times it was a common thing for police officials to refuse FIR filing on one pretext or other. Now a days there are many checks and controls at various levels and it is not so easy to refuse it.

    Today if they refuse filing of FIR one can go to the next senior officer or even approach the magistrate. Due to this generally the officials at police station will file it.

    If the report is for a serious matter like murder, rape etc it is called cognizable and police will file the report. In case of more common nature offences like theft, fighting etc they may seek permission of the magistrate before filing it on the complaint.

    With the facility of filing FIR online the things are further improving in this aspect.

    Knowledge is power.

  • #145414
    If the police station officials do not file the FIR then the immediate thing to be done is to go to higher ups for filing it. In case of problem with the higher ups one can go to the magistrate also.
    FIR is the basic document for initiating the investigations in the case. Without this nothing can be done by the authorities so one should lodge it as soon as possible.
    Cognizable cases are those where police authorities can directly take action. These are of serious nature. On the other hand non cognizable crimes are those for which Magistrate directs the police for action.

    Thoughts exchanged is knowledge gained.


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