Before we discuss about lodging of FIR, we must know what is FIR?
Full form of the FIR is First Information Report. i.e., the first official intimation to the police officials of any incident or crime by anybody. Here the term ‘anybody’ means any common person, the victim, anyone who witnessed any such incident or crime or police himself.
It is observed that generally police officials try to ignore the registration of FIR for many reasons like pre-engagement with the accused, political pressure, ignorance to his duty etc.etc. So what step should we take to register an incident or crime officially in the form of FIR?
Description of FIR in Law
The word FIR has not been defined in Law. The word FIR is a common term which derived from the practice. The sense of the word FIR is derived from the Section 154 of the Criminal Procedure Code. First we have to understand that FIR is an official intimation of any offence.
Cognizable and non- Cognizable offences
Under Indian Law there are two types of offences. Cognizable and non- Cognizable offences. Cognizable offence is defined under Section 2 of the Criminal Procedure Code, it is the offences where a police officer can arrest the accused/alleged accused without warrant.
Again we can say generally, punishment for the offences are prescribed more than two years are Cognizable offence and punishment for the offences which are less than two years are known as non-Cognizable offence.Non-Cognizable offences are to be filed in writing in specific format before the local magistrate Court under whose jurisdiction offence occured. The said provision is described under Section 200 of the Criminal Procedure Code.
Action of police in Cognizable offence
Whereas, the report of a Cognizable offence has to mandatorily be recorded by the police officer in form of a FIR. The police officer can’t refuse to register the same. You may give it in writing or may even describe it orally.
If the police officer denies to register/lodge a FIR of a Cognizable offence, the remedy is to first to approach, the SP of Police Commissioner of the area and then approach the local magistrate Court under whose jurisdiction offence occurred under the provisions of Section 156 of the Criminal Procedure Code.
Supreme Court on lodging of FIR
Some Advocate also suggests approaching the High Court or Supreme Court under the Writ Jurisdiction. But that probably is not the correct way to approach, as because you have alternative remedy under Section 156 of the Criminal Procedure Code and specially after the judgement pronounced by the Hon’ble Supreme court in Aleque Padamsee and ors. –vs- Union of India and ors. in the year 2007.
Wherein it was specified that “If any person is aggrieved by the inaction of the police officials in lodging/registering the FIR, the modalities contained in Section 190 read with Section 200 of the Code are to be adopted and observed”.
Correct position in law to lodging of FIR
Presently, the correct position in law, therefore, is that the police officials ought to register the FIR whenever facts brought to its notice show that cognizable offence has been made out. In case the police officials fail to do so, it is open to any person aggrieved by the inaction of the police officials to adopt the remedy in terms of the Sections 190 read with Section 200 of the Code.
Procedure to file complaint under Section 200
But here is a twist, before filling a complaint under Section 200 of the Criminal Procedure Code, as discussed above, you need to file a written complain to the local police station and to be delivered the same by way of speed post (please maintain a file for all the postal receipt, delivery report along with the copy of the complaint). When the police officials do not take any action, report the same to the DC, Police of the State as per the law laid down by the Hon’ble Supreme Court of India in ‘Mrs. Priyanka Srivastava and anr. Versus State of U.P. and ors.’ in the year 2015 and after non action on the same by the police department, you can file a complaint under Section 200 of the Criminal Procedure Code in a definite format in the local Magistrate Court. At the time of filling the complaint both the abovementioned aspects should be clearly spelt out in the complaint and all the necessary documents (postal receipt, delivery report along with the copy of the complaints) to that effect shall be attached.
So now onwards, don’t crib on the aspect of non registration of a FIR, but know about your rights and enforce the same according to Law. Law is always with the common people. You only require to know how to take steps under it.