FIR or First Information Report is the reporting of any incidence of crime as perceived by the victim or a witness to the police. Section 154 of the Code of Criminal Procedure, 1973 emanates that any information regarding to a cognizable offence is orally mentioned to an officer-in-charge of a police station, the same shall be reduced in writing to keep a record of the informant giving such information. For the purpose of constituting an FIR as per Section 154 Cr.PC, the following elements are necessary:
a. What is conveyed must be an information.
b. The information must be pertaining to the commission of a cognizable offence.
There have been several reported incidents wherein the police has refused to register an FIR for a cognizable offence for reasons unknown. In cases where the police refuse to file an FIR even after fulfilling the basic elements under Section 154 Cr.PC, the following remedies are available as specified below:
- Approach Senior Officials of the Police Department:
If the concerned police officer does not file an FIR even if the crime is a cognizable one, the aggrieved complainant can approach other senior police officers such as the Superintendent of Police or the Commissioner with a written complaint. After analysing the complaint the officer himself would investigate the case or else he would delegate to his subordinates.
- Written complaint to the Judicial Magistrate:
Still, if the complaint is not considered or if the complaint is regarding a non-cognizable offence, the complainant can file the complaint to the Judicial Magistrate or to the Metropolitan Magistrate under section 156(3) read with section 190 of Cr.PC, to seek directions to be issued to the concerned police station for conducting investigation of the complaint.
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