FIR Registration made MANDATORY

Section 154 (1) of the Cr.P.C. mandates the officer incharge of a police station to register the FIR on receipt of any information relating to the commission of a cognizable offence. If the police officer refuses to register the FIR the victim/ complainant/ informant need to inform the substance of the crime to the DCP concerned in writing sent through registered letter and in that case the DCP either himsel would investigate the matter or should direct any of his subordiante to investigate the same. However, even if the DCP too does not take any action on the information, the complainant/victim/informant may file the Criminal Complaint under section 156 (3) of Cr.P.C. before the concerned Metropolitan Magistrate and the MM would pass an order to register the FIR and take the action thereon.

Every coin has two sides. If the commission of any congnizable offence is either reported to police or the police comes to know the commission of a congnizable offence, it is under legal obligation to register the FIR. The investigating machinery shall come into motion only after the registration of an FIR. Whether the reported offence is true or false can only be ascertained when the matter is investigated. However, the fear of misuse of any law is always there but then there is remedial law meant to deal with such designed reports. If after investigation or even after the completion of trial either the police or the trial court comes to the conclusion that the FIR./ complaint was designed and concocted, the informer or complainant can be prosecuted under the provisions of indian penal code.

Normally police refuses to register the FIR with two reasons. First, it would reduce the crime graph of the concerned area under the specific police officer responsible to check on the crimes. Secondly, the moment FIR is registered, the Investigating Officer under the supervision of SHO concerned and other higher police officials would be compelled to take the lawful action and would be required to maintain the different kinds of records/diaries/ registers etc. He would also be answerable before the court and would be subjected to severe cross examination by the advocates during the recording of evidences before the trial courts.

Now, imagine, if a refusal to register an FIR is held to be lawful on the ground of apprehension of misuse of the same by persons with vested interest, how can the same be justified to the victime? If we support to the notion that the police should have the power to decide whether to register the FIR or not, then how can v expect that even a single FIR would be registered keeping in view the working style of Indian Police? A victim has right to have the justice and for that it is necessary that the information of a cognizable offence is registered as FIR then only any action thereon can be taken and the crime perpetrators can be brought to books.
There is a legal maxim, "justice should not only be done but it should also seen to be done."

I take this opportunity to inform the learned members of this forum that any genuine victime of a crime may anytime call me up if his/her FIR is not registered in the Police Station. I on behalf of Dwarka Forum would make sure that the FIR is registered. Be it known to every one that an FIR can be registered only in cases of cognizable offences and NOT in case of non-cognizable offences.

With best regards,

Ashok ChaitanyaAdvocate, Supreme Court of India,
Cell No. 9811638615 / 9868512176