Police Not Filing FIR
Police officer cannot refuse to file an FIR unless he/she considers it to be a petty case or if it is a non-cognizable offence, which means an offence that is bailable and the police officer cannot arrest a person without a warrant.
Cognizable offences are those that are serious in nature (such as murder, rape, kidnapping, dowry death, theft, rioting with deadly weapons, unnatural offences, theft, and others). The police can arrest a person without a warrant.
If the police officer refuses to file an FIR in case of cognizable offence, then you have the following options:
- Complain to the Superintendent of Police.
- Complain to the Judicial Magistrate.
- File a Writ Petition in High Court.
- Complain to state and national human rights commission.
As per Section 166(A), sub-section (c): “Whoever, being a public servant 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.”
Benefits to choose service
Summons and warrants are two legal terminologies that people may have often heard of, but not everybody knows the difference between the two. Also, you must know the right thing to do when you or anybody you know receives a summon or a warrant from the court. Sometimes, a single mistake in matters of the court can put you in a legal mess. So, it is important to choose a legal service so that you make the right move and let justice prevail.
Frequently Asked Questions (FAQs)
If it’s a cognizable offence and the police officer refuses to file an FIR, you can contact a lawyer who will help you file a complaint against the officer and also let you know about remedies in law that you can use in this case and how to proceed with them.
Yes. In case of emergency, please dial 100 or the number of your local police station. However, if you wish to file an FIR, you must have sound information and not vague one.
To avoid misuse of the remedies in law, the Supreme Court of India states that, “A vague, indefinite or unauthorised piece of information cannot be regarded as first information merely because it was received first in point of time. Likewise an unclear message over the phone simply stating that a person is lying dead on the road does not amount as First information report”.
If other remedies fail, you can file a Writ Petition at your respective High Court to issue Writ of Mandamus against the defaulting officer. An experienced criminal lawyer can help you file this petition.
Instead of arguing, it is better to follow remedies in law and follow a legal procedure. A qualified lawyer can help you in this.
No. An FIR, once filed, cannot be changed or taken back. You can add details to it later. FIR cannot be taken back, but can be quashed, which is in the power of the High Court.