FIR means First Information Report. It is the first information received after the commission of the cognizable offence. FIR is registered for cognizable offences under section 154(1) of crpc 1973. Cognizable crimes are those crimes in which police can arrest an accused without a warrant. It is not always illegal when the officer in charge refuses to lodge an FIR. As it all depends upon the reason because of which the police officer refuses to lodge an FIR.
What can be the reasonable grounds of Police official who denied to lodge FIR?
The police officer can refuse to lodge an FIR for the following reasons:
1. The case does not fall within their jurisdiction,
2. The subject matters deal with an offense which is non-cognizable in nature or it is outside their legal capacity to take cognizance of such an offense, in such circumstances the refusal to lodge an FIR is legitimate and justified.
On the above provided grounds Police can say that an FIR cannot be registered. Although, if an FIR is refused on the ground of jurisdiction, it is mandatory for the police officer to record information about the commission of a cognizable offense and forward the same to the police station having proper jurisdiction. Otherwise, it would amount to dereliction of duty.
What if an FIR is denied, are the Remedies available for an individual?
Following the remedies available under the Indian legal system if one is refused to get his/her FIR lodged:
1. Under section 154(3) CrPC: When an informant's right to register an FIR is refused, he/she can approach the Superintendent of Police and submit the substance of such information in writing by post. If the Superintendent of Police is satisfied that such information discloses the commission of a cognizable offense then, he might investigate the case himself or direct an investigation to be made by any police officer subordinate to him.
2. Under section 156(3), read with section 190 CrPC: If an informant remains unsatisfied even after pursuing the remedy under section 154(3), he/she can further pursue the remedy mentioned under section 156(3) read with section 190 CrPC. This is a different channel to get the FIR registered. This remedy is similar to the process of registering a complaint for non-cognizable offenses. As through this channel, a magistrate first takes cognizance of an offense under section 190 and then order for consequential investigations under section 156(3).
3. Under section 200 CrPC: A complaint can be submitted to the magistrate orally or in writing under section 200 of the CrPC. After the submission of a complaint, the magistrate will conduct a hearing, deciding upon the issue of cognizance. In this channel, the complainant and the witnesses thereof are examined on oath in front of the magistrate.
4. Judicial remedy: A writ of mandamus can be filed under Article 226 or Article 32 of the Constitution of India, directing the police officials to perform their duty and register an FIR.