Filing of an FIR
A police officer cannot refuse to file a First Information Report (FIR) unless:
- The case is considered petty, or
- It is a non-cognizable offence, i.e., an offence that is bailable and does not permit the police to arrest a person without a warrant.
Cognizable and Non-Cognizable Offences
Cognizable Offences:
These are serious in nature, and the police have the authority to arrest without a warrant. Examples include:
- Murder
- Rape
- Kidnapping
- Dowry death
- Rioting with deadly weapons
- Unnatural offences
- Theft, etc.
Non-Cognizable Offences:
These are less severe and typically bailable. In such cases, the police cannot arrest a person without a warrant.
What to Do if the Police Refuses to File an FIR for a Cognizable Offence
If a police officer refuses to file an FIR for a cognizable offence, the following options are available:
- Complain to the Superintendent of Police (SP):
- Approach the SP of the concerned district with your grievance.
- Approach the Judicial Magistrate:
- File a private complaint under Section 156(3) of the Code of Criminal Procedure (CrPC) to request the magistrate to direct the police to register the FIR.
- File a Writ Petition in High Court:
- If no action is taken, you may file a Writ of Mandamus under Article 226 of the Constitution in the High Court.
- Complain to the State and National Human Rights Commission:
- If your case involves violation of fundamental rights, you can approach the human rights commission.
Section 166(A) of IPC
Under Section 166(A), sub-section (c):
Any public servant (such as a police officer) who fails to record information about a cognizable offence under the following sections of IPC, shall face punishment:
- Punishable Sections:
- 326A (Acid attacks)
- 326B (Attempt to throw acid)
- 354 (Outraging modesty of a woman)
- 354B (Assault to disrobe a woman)
- 370 (Human trafficking)
- 370A (Exploitation of a trafficked person)
- 376 to 376E (Rape and related offences)
- 509 (Word, gesture, or act intended to insult the modesty of a woman)
Punishment for Non-Compliance:
- Rigorous imprisonment: Minimum 6 months, extendable to 2 years.
- Fine: Additional liability.