What to do If Police Refuse to Register FIR?

Nowadays it has been seen common phenomenon that police is not lodging FIR against people complaint.
If you are reporting a discernible crime and the police refuse to register your FIR, you can make a complaint to higher authorities such as the Superintendent of Police (SP), the Deputy Inspector General (DIG) or the Inspector General of Police (IGP) etc.

Who can lodge FIR?
Anyone who knows about the commission of a discernible offence can file an FIR. It is not always necessary that only the victim of the crime should file an FIR. A police officer who comes to know about a cognizable offence can file an FIR himself/herself.

Under following circumstance you can lodge a FIR
  • If you are the victim of crime
  • If you know yourself about an cognizable offence which has been committed
  • If you have seen the offence being committed

Important steps to do if police refuse to file FIR against a complaint
In case if police refuse to file FIR then you can meet the Superintendent of Police or other higher authorities like Deputy Inspector General of Police & Inspector General of Police and make them aware about your complaint.

You can either send your complaint in writing and by post to the Superintendent of Police. If the SP is satisfied with your complaint then he/she shall either investigate the case himself/herself or order an investigation to be made.

You can file a private complaint before the court having jurisdiction in your locality.

You can also make a complaint to the State Human Rights Commission or NHRC.

For what crimes FIR can be lodged?
The police can register FIRs only for those cognizable offences where the police have the right to arrest without a warrant. For example murder, theft, rape, attacks, etc. The complaint is then sent to the Judicial Magistrate for action.

When FIR should be lodged?
The FIR has to be registered as soon as possible after the incident. Any delay in registration has to be sufficiently explained. Delay in registration may cause a suspicion as to whether it was an afterthought or a concocted version.

Where it can be registered?
Usually, the FIR should be registered in the police station within where the crime took place. But in case of an emergency, there is no bar on any other police station registering the FIR and then transferring the investigation to the incharged station. And it is not always necessary to go in person to register the FIR. Email or phone call is also enough to register an FIR in case of emergency.

Source: www.pathlegal.in