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What To Do If Police Refuse To Enter Your FIR?

Sometimes police refuses to enter your complaint in FIR and you have to face any problems for this. This article will tell you that what should be done if police refuse to enter your FIR and what are your rights to enter FIR.

Police officers are trained to behave politely with the public. But if the police refuse to enter your FIR, misbehaves, ask for bribe or make you tensed without any reason, then you must complaint against this.

What is FIR?

FIR stands for First Information Report. When any police officer is informed about any crime, then it is called FIR. It should be in written or converted into written form. FIR runs consistently to Indian Criminal Procedure Code 1973. FIR is done in case of cognizable crimes. If the crime is not cognizable, then FIR is not written.

Your rights to enter FIR

• If the crime is cognizable, police officer should enter FIR immediately. It is the right of complainer to take a copy of FIR.
• Police officer can neither write any comment from his side while entering FIR nor can he highlight any part of the complaint.
• After entering FIR in case of cognizable crime, police officer should dictate that information to the concerned person and take his signature on the written statement.
• There should be stamp of police station and signature of police officer on the copy of FIR. Also, the police will record in his register that you are provided the copy of FIR.
• If you have provided the information of cognizable crime to police in written, then police must attach such copy of complaint with FIR.
• It is not necessary to enter FIR that he should have personal information of such crime or he has seen crime with his eyes.
• If due to any reason, you are not able to provide immediate information of the crime to the police, then don't worry. In such a case, you just have to explain the reason of such delay.
• In some cases, police start investigation of the case before entering FIR. But the procedure should be enter FIR first and then start investigation.
• In case, you can't take the copy of FIR because of entering FIR at the crime scene, it is the duty of police to send you the FIR by post.
• Police will inform you by post that what actions are taken against your FIR.
• If the police officer refuse to enter your FIR, then the complainer can send the complaint to Regional Police Deputy Commissioner by meting him personally or by registered post, on which he can take appropriate action.
• In case of non entering of FIR, you can file a complaint petition for giving directions to the police in front of your area magistrate that you are provided a copy of FIR by entering case within 24 hours.
• If the police officer don't enter your FIR or provide you a copy of FIR within the time limit provided by court or doesn't follow other instructions of court, then that police officer could be imprisoned followed by an action against him.
• If the complainer could not tell properly that what was the crime scene, then police officer can ask questions for this information and then reach at a conclusion. Then he will enter the FIR immediately and send it to the concerned police station.
• If the complainer have no information about the crime scene and police is also unable to trace the crime scene even after investigation, even then he will start investigation immediately after entering FIR. If the crime scene is determined during investigation, then the case would be transferred to that police station of that area.
• If the complainer dies during the investigation of the case, then this FIR can be presented in the court as Dying Declaration.

Article by Nidhi
Nidhi is a freelance content writer with 7+ years experience. She has great passion to write on valuable topics so as to provide accurate information to her readers. She is also keen to provide employment to all Indians and so posts various job openings too in this website.

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