What to do when police does not take your FIR?

What to do when FIR is not taken by the Police ?

A First Information Report is the first legal document that initiates criminal proceedings. The first information received about the commission of a cognizable offense has to be noted down by a Police Officer. It is called as First Information Report under Section 154 of CRPC.

Cognizable and Non-Cognizable Offences:

Cognizable offences are offences where the police can arrest the accused without any warrant. In such offences, the police can Suo-moto take cognizance of the offence and it does not require any sanction from the court in order to begin the investigation. On the other hand, 

Non-Cognizable offences are those in which police cannot make an arrest without taking prior assent from the court. Schedule I of the Criminal Procedure Code clearly distinguishes which offenses are cognizable and which are not.

According to section 154(1) of the Criminal Procedural Code, an FIR can be filed only in cognizable offenses. Schedule 1 of the Criminal Procedural Code clearly distinguishes Cognizable and Non-Cognizable Offences.

Who can register an FIR?

Anyone who has knowledge of the commission of cognizable offence can request the Police to register an FIR. The Police is under obligation to take down the information narrated by the informant as it is and prepare the First Information Report. The information can be given orally or in written format. Section 154(2) of the Cr.P.C lays down the procedure to be followed while registering an FIR.

What to do if Police Officer refuses to register an FIR?

The police has discretionary power regarding the registration of an FIR. However, this power is not absolute; it is subject to reasonable justifications. Following are steps to be followed if a Police Officer unreasonably denies registering an FIR:

1.   Complaint to Superintendent (SP) or DCP of that Police Officer:

According to section 154(3) of the Cr.P.C if a police officer refuses to register an FIR then a complaint in writing and by post can be sent to the Superintendent or DCP of Police concerned. If the Superintendent or DCP is satisfied that the subordinate police officer is unreasonably denying to register an FIR then the superintendent or DCP shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him.

2. Complaint to Judicial Magistrate:

If Police machinery doesn’t register FIR then a direct complaint can be given to the Judicial Magistrate. Section 156(3) read with section 190 of the Cr.P.C. provides that an application may be sent to the Judicial Magistrate Jmfc or Metropolitan Magistrate mm seeking a direction to the police to register an FIR.  

Key Essentials of the Complaint to the Hon’ble Court of Magistrate under Section 156(3) of the Code of Criminal Procedure, 1973 covering the topics:- 

1.   Compliance of Section 154(1) CrPC

2.   When Police refuses to take complaint

3.   Complaint under Section 154(3) CrPC

4.   Memo of Parties to the Complaint to the Magistrate

5.   Complaint to the Magistrate under Section 156(3) CrPC

6.   Jurisdiction of the Magistrate

7.   Prayer Clause

8.   Action Taken Report

9.   Application Of Section 156(2) CrPC

10. Compliance of the Ratio of Priyanka Srivastava

11.  Compliance of the Ratio Of Lalit Kumari

12. Cases requiring Preliminary Enquiry 

13. Annexure's of the Complaint

14.  Certificate of Compliance of Section 65B of the Indian Evidence Act, 1872

This would give you fair idea about the Complaint to the Hon’ble Court of Magistrate under Section 156(3) of the Code of Criminal Procedure, 1973.

Case Laws

1. Lalita Kumari v. Govt. of U.P., (2014) 2 SCC 1

2. Priyanka Srivastava v. State of U.P., (2015) 6 SCC 287