- For ordinary citizens, one of the most common interactions with the criminal justice system is the filing of a First Information Report (FIR). An FIR sets the criminal law in motion and ensures that the police investigate a cognizable offence. However, many people face difficulties when police officers refuse to register an FIR, either due to negligence, corruption, or pressure. It is therefore essential to understand the process of filing an FIR and the remedies available if the police refuse.
- An FIR can be filed by the victim of a crime, a witness, or even any person who has knowledge of the offence. It must contain the essential facts of the incident For example what happened, when, where, and who was involved. It is important to note that an FIR is not expected to be a detailed account or supported by evidence at the initial stage. Its purpose is simply to bring the alleged offence to the notice of the police.
- Under Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the police are duty-bound to register an FIR whenever information about a cognizable offence is received. The complainant is entitled to receive a copy of the FIR free of cost. The registration of an FIR is the first step in ensuring accountability and beginning an investigation.
- If the police refuse to register the FIR, the complainant has remedies. They may approach the Superintendent of Police with a written complaint. If the matter is still not resolved, the individual can approach the Magistrate, who has the authority to direct the police to register the FIR and conduct investigation. Courts have repeatedly held that refusal to register an FIR in a cognizable case is a violation of law and dereliction of duty by the police.
- For practical purposes, individuals should always note down the details of the officer on duty, preserve any evidence such as photographs or recordings, and if necessary, send the complaint by post or email to higher authorities. Today, many states also have online FIR registration systems, making it easier to record complaints without visiting the police station.
- In conclusion, filing an FIR is a right of every citizen and a duty of the police. Knowledge of the process and remedies empowers people to demand action when crimes occur. It also ensures that the criminal justice system remains accountable to the public.
