FIR and remedies against Police in India

Remedies against Police 

Powers of the police in India are laid down in the Chapter XI from Sec. 149 to 153 of Code of Criminal Procedure, 1973 (CRPC). Police officials are also given powers u/s 41, 42 and 151 of CrPC, 1973, to make arrest without a warrant taking into consideration the circumstances. Sometimes they either exceed there power or abuse the same causing injustice to citizens.

Usually, the FIR should be registered in the police station within where the crime took place. But there are situations where police refuse to file FIR. According to new amendment in the law, if police refuse to file FIR there will be two-year imprisonment as punishment. A police officer who comes to know about a cognizable offence can file an FIR himself/herself. It is possible to send a 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. 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. There are certain sections in the Indian penal code that authorizes to register FIR by the police and also constitutes stringent punishments against refusal in registering FIR.

Section 166 in The Indian Penal Code states about Public servant disobeying law, with intent to cause injury to any person. Whoever, being a public servant, knowingly diso­beys any direction of the law as to the way in which he is to conduct himself as such public servant, intending to cause, or knowing it to be likely that he will, by such disobedience, cause injury to any person, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.

Also by Section 166A Public Servant disobeying direction under Law, Whoever, being a public servant knowingly disobeys any direction of the law which prohibits him from requiring the attendance at any place of any person for the purpose of investigation into an offence or any other, or knowingly disobeys, to the prejudice of any person, any other direction of the law regulating the manner in which he shall conduct such investigation, or fails to record any information given to him under sub-section (1) of section 154 of the Code of Criminal Procedure, 1973, in relation to cognizable offence punishable under section 326A, section 326B, section 354, section 354B, section 370, section 370A, section 376, section 376A, section 376B, section 376C, section 376D, section 376E or section 509, shall be punished with rigorous imprisonment for a term which shall not be less than six months but which may extend to two years, and shall also be liable to fine.

Punishment for non treatment of victim is given in the Section 166B that mentions that Whoever, being in charge of a hospital, public or private, whether run by the Central Government, the State Government, local bodies or any other person, contravenes the provisions of section 357C of the Code of Criminal Procedure, 1973, shall be punished with imprisonment for a term which may extend to one year or with fine or with both.

Public servant framing an incorrect document with intent to cause injury is provided in the Section 167 Whoever, being a public servant, and being, as such public servant, charged with the preparation or translation of any document or electronic record, frames or translates that document or electronic record in a manner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely that he may thereby cause injury to any person, shall be punished with imprisonment of either des c r i p tion for a term which may extend to three years, or with fine, or with both.

FIR against police under the IT Act under Section 72 – Breach of confidentiality and privacy Any person who, in pursuant of any of the powers conferred under this Act, rules or regulations made there under, has secured access to any electronic record, book, register, correspondence, information, document or other material without the consent of the person concerned discloses such electronic record, book, register, correspondence, information, document or other material to any other person shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to one lakh rupees, or with both.

Police Complaints Authority

In order to keep a check and to curtail the severe problem of police violence or abuse, the Supreme Court of India in Prakash Singh v/s Union of India, [2006 (8) SCC 1], inter alia, instructed the government at state and district level to set up Independent Police Complaints Authority. The main function of these Police Complaint Authorities is to look into the complaints against the police officers. But hardly any actions were taken on the part of State Governments till date due to disinterest on this particular issue. The State Governments must constitute a Police Complaint Authority which should be free from any influence and vested with such legal powers and fruitful resources as are necessary and serve as deterrent to the crooked police official’s misconduct.