What will you do if your case is not registered at Police Station

A. Introduction 1.When a cognizable crime occurs, it has to be registered at the nearest Police Station. This is called the First Information Report. FIR is to put law into motion. It is the starting point of investigation. The informant will have to narrate the incident. How the incident happened. Who were the culprits? If they are unknown, their descriptive rolls have to be explained. 2.If the crime is committed against women like throwing of acid under section 326 A(voluntarily causing grievous hurt by the use of acid, punishment not less than ten years but may extend to life imprisonment and with fine. The fine shall be paid to the victim.) or 326 B (Voluntarily throwing or attempting to throw acid, punishment not less than five years but it can extend to seven years with fine), outraging the modesty of the woman under section 354 (To assault or criminal force to women with intent to outrage her modesty, punishment not less than 1 year or which may extend to five years and shall also be liable to fine. In Andhra Pradesh, the punishment was to be not less than five years but it can extend to seven years with fine.),354 A(sexual harassment by physical contacts and advances involving unwelcome and explicit sexual overtures, a demand or request for sexual favours, showing pornography against the will of a woman or making sexually coloured remarks. Punishment three years with fine or both. The punishment for making sexually coloured remarks is one year or fine or with both. In Madhya Pradesh, the punishment for disrobing a woman in a public place is not less than one year which can extend to ten years. The crime under 354A is cognizable, bailable and is triable by any magistrate),354B (criminal force to woman with intent to disrobe, the punishment is not less than three years which may extend to seven years and shall also be liable to fine. The offence is cognizable, non bailable and triable by any magistrate.),354C (Voyeurism (to capture a image of a woman), punishment shall not be less than one year which may extend to three years and shall also be liable to fine or on subsequent conviction, the punishment would not be less than three years but which may extend to seven years and shall also be liable to fine. The first crime in this section is bailable and cognizable but the subsequent crime is not bailable.),354D (Stalking), the punishment is for three years and liable to fine for the first crime, for the subsequent crime the punishment may extend to five years and shall also be liable to fine. The first crime is cognizable and bailable while the subsequent crime is not bailable.) or rape of woman under section 376A (punishment for causing death or resulting in persistent vegetative state of victim, the punishment shall not be less than 20 years and which may extent to imprisonment for life or with death.), 376B(sexual intercourse by husband upon his wife during separation, punishment not less than two years which may extend to seven years and shall also be liable to fine.),376C (sexual intercourse by a person in authority like public servant or superintendent of jail or head of the management of a hospital, punishment is not less than five years which may extend to ten years and shall also be liable to fine),376D(Gang rape, punishment is not less than 20 years which may extend to life and shall also be liable to fine. The fine shall be paid to the victim),376E(punishment for repeat offenders, punishment is for life imprisonment or with death) or word, gesture or the act intended to insult the modesty of woman under section 509 IPC (the punishment with simple imprisonment for a term which may extend to three years or also liable with fine, the crime cognizable and bailable). The information with regard to the above crimes shall be recorded by a police woman officer or any woman officer. 3.If the above incident happens against the woman under the above section, the police officer will have to record the statement of the woman at her residence or at a convenient place of such person’s choice in the presence of an interpreter or a special educator. 4.The recording of such information shall be video graphed and the police officer shall have to get the statement of the person recorded by the judicial magistrate under section 164. Watch Full Video In Hindi On Youtube By Clicking On The Icon 🔻 B. Remedy from senior police officer 1.If the case is not registered by the concerned police station, the aggrieved party can approach the Superintendent of Police. He may send the substance of his information to the S.P. of the district or he may personally meet him and may submit the written petition before him. If S.P. is satisfied that the information submitted by the informant discloses cognizable offence, he shall either investigate the case himself or to direct the investigation to be made by any officers subordinate to him and such investigating officer shall have all powers of an officer in charge in relation to that offence. 2.If the offence has been committed upon woman u/s 326 A, 326B, 354, 354A, 354B, 354C, 354D, 370,370A,376,376A,376B,376C,376D,376E or 509 IPC and if the police officer failed to register the offence, the informant can register a case u/s 166A of IPC against the erring police officer. The punishment for the concerned police officer u/s 166A is not less than six months which may extend to two years and he shall also be liable to fine. C. When a police officer cannot register an FIR? 1.If the crime occurred beyond the jurisdiction of the police station where the informant has lodged information, the police officer will have to register zero FIR and then he will have to transfer that FIR to the Police Station under whose jurisdiction the crime occurred. If the concerned police officer does not write zero FIR, his action is illegal. In the case of Latika Kumari vs Government of U.P., the Supreme Court directed that it is mandatory to register FIR if the information furnished by the informant discloses cognizable offence. 2.If the information is cryptic or the information received on telephone by a police officer without any details as to the identity of the accused or the nature of injuries caused to the victims or the name of the culprit is not known. (Ravishwar Manjhi vs State of Jharkhand,2009), the police officer can refuse to register the FIR. 3.If there is inordinate delay in furnishing the information to the police station by the informant without cogent reason, the police officer can refuse to register the case and may start an inquiry. If upon the inquiry, the cognizable offence is disclosed, the police officer will have to register the offence. In the case of Latika Kumari vs Government of U.P., the Supreme Court held that in case of inordinate delay the police officer will have to start the preliminary inquiry within seven days of receiving the information of offence. D. Judicial Remedy 1.If the SP does not take any action and does not order the lodging of FIR under section 154(3) , the informant can approach the judicial magistrate u/s 156(3) read with u/s 190 of the Crpc. The said magistrate is empowered to take cognizance of the case on receiving such a complaint and he may direct the police officer to investigate the case. 2.However, if the magistrate, after the perusal of the complaint, arrives at the conclusion that the facts disclosed do not warrant registration of an FIR, the magistrate may himself take cognizance of the offence and examine the complainant u/s 200 of the Crpc. If the complaint is not made in writing, the magistrate would examine the complainant and other witness present upon oath and the substance of such examination shall be reduced in writing by the magistrate and shall be signed by the complainant, witnesses and the magistrate. The magistrate conducts an inquiry or trial or may forward the case to another magistrate for conducting inquiry or trial. In case the magistrate has no jurisdiction to conduct an inquiry or trial, he may return the complaint to the complainant u/s 201 Crpc to be presented to a magistrate who has jurisdiction. 3.In case the judicial magistrate does not take cognizance of the information furnished by the informant or does not order the police to register an FIR, the informant can file revision petition u/s 397 of Crpc before a session court. It is pertinent to note that in case a revision petition is preferred, the proposed accused must be heard by the court before deciding such revision application. E. To file writ petition in the High Court/ Supreme Court 1.The aggrieved party or informant failed to get his case registered by senior police officer or subordinate judiciary, he can file a writ petition in the High Court of the State where the offence occurred or the informant can directly file the petition u/s 32 of our constitution for issuing Mandamus to the erring police officer. 2.The aggrieved party can file a writ petition in the High Court to seek compensation if such non registration has caused damage or deprivation of his right to life and personal liberty guaranteed under article 21 of our constitution. F. Filing of petition before State human right commission or national human right commission. 1.The aggrieved party can approach the State human right commission or the national human right commission for the redressal of his grievances. He should enclose all the documents, he had submitted before the police officer or judicial magistrate. G. Conclusion 1.The ministry of home affairs, Government of India issued advisory on dated 12 October 2015. It was made clear that as per section 154(1) of the Crpc, a police officer is duty bound to register a case on the basis of such information disclosing a cognizable offence and FIR has to be registered irrespective of the territorial jurisdiction. 2.Thus, it is mandatory to register the case if the substance furnished by the informant discloses cognizable offence, failing which the erring police officer will have to face the music from judiciary, human right commissions and senior police officers.