What If The Police Refuses To File An FIR?

Introduction

The First Information Report (FIR) is the first legal step in India’s criminal justice process. It officially records a cognizable offence and triggers police investigation. The FIR holds legal weight and ensures timely action.

What is an FIR?

1. An FIR is a written complaint lodged with the police for a cognizable offence.
2. It includes the nature of the offence, time, place, names of the complainant, accused, and witnesses.
3. It initiates investigation and paves the way for trial.
4. Under Section 173 BNSS, police must record and investigate a cognizable offence without delay.

What Are The Rights Related to FIR in India?

1. Right to File an FIR
   Any person can file an FIR, victim or witness. Police are legally bound under Section 173 BNSS to file the FIR if the offence is cognizable.
2. Right to Free Copy of FIR
   Under Section 173(2) BNSS, the complainant must receive a free copy of the FIR. This ensures transparency.
3. Right to Assistance While Filing FIR
   If the complainant is illiterate or unable to write, the police must write the FIR based on dictation. They must read it back and ensure accuracy before taking the signature.
4. Right to File FIR at Any Police Station (Zero FIR)
   You can file a Zero FIR at any police station. The station will then forward it to the correct jurisdiction.
5. Right to Legal Counsel
   During FIR filing and investigation, the complainant or accused has the right to engage a legal professional for legal support.
6. Right to Know Investigation Progress
   The complainant has the right to receive updates about the investigation and case developments.
7. Right to Approach Authorities if FIR is Refused
   If police refuse to register an FIR, the complainant can approach:
   The District Superintendent of Police (SP) and the Judicial Magistrate under Section 175(4) BNSS.

These authorities can direct the police to register and investigate.

What Are The Steps to Take if Police Refuse to Register FIR?

1. Speak to the Officer
   Remain calm. Politely request registration. Keep records of the time, date, and officer’s name.
2. Submit a Written Complaint to SP
   Send a complaint by post or hand it over in person to the SP. Include full incident details.
3. Approach a Magistrate
   File a complaint before the Judicial Magistrate under Section 175(4) BNSS. The court may order the police to register the FIR.
4. File a Zero FIR
   Visit another police station and lodge a Zero FIR, especially when jurisdiction is unclear.
5. Contact Other Authorities
   You can also approach:
   State/National Human Rights Commission

Women’s Commission

Police Complaints Authority

6. File a Writ in High Court
   File a writ petition in the High Court if authorities ignore your complaint. Courts can direct police to register the FIR.
7. Raise Public Awareness
   Media or social media can bring attention and push police action in some cases.
8. File Informal Complaint
   A friend, legal professional, or relative can assist in filing a complaint on your behalf.
   

What Are The Legal Penalties for Police Refusal under BNS?

Section 121 BNS
Police officers who willfully refuse to register FIRs face punishment under Section 121 of the Bharatiya Nyaya Sanhita (BNS).
This includes jail from six months to two years, plus a fine.

This applies broadly to all cognizable offences, not just crimes against women.

Court Observations

Courts have criticized police inaction, stating it violates victims’ rights and delays justice. Such refusal breaches Article 21 of the Constitution, ensuring the right to life and personal liberty.

Additional Legal Remedies

1. Section 175(4) BNSS: Magistrate can order police to register FIR.
2. Section 177 BNSS: Allows magistrate to monitor investigation.
3. Section 220 BNSS: Enables private complaint if FIR isn’t filed.

Victims may seek compensation for violation of their fundamental rights.

Conclusion

Filing an FIR is a legal right protected under BNSS and BNS. The law mandates police to act on cognizable offences. If the police fail, legal remedies are available through courts and authorities. Staying informed and taking prompt action ensures justice is not denied.