25 February 2009
Kindly advise on all aspects of FIR viz
a. is FIR filed only in criminal cases or in all kinds of disputes?
b. Why police is always hesitent in recording FIR?
c. what should an agrieved person do if police adopts noncooperative attitude in recording FIR.Can another FIR be lodged with the higher police office or a court against the defaulting police person? Has an offence been committed by the defaulting police person in not acceeding to the request of the agrieved person?
d. is an agrieved person permitted to give a written 'first information repot'and insist that the same be recorded verbatim as the police is notorious in distorting the facts of the reporteither intentionally or due to lack of knowledge of law and language?
e. Is there a comprehensive act or official document which can explain all aspects of an FIR?If so can it be downloaded from the internet?
col A P Khanna(Retd)
26 February 2009
26 February 2009
Sir, your questions are exhaustive and the law is elastic. We cannot give pinpoint replies to your pointed questions. Even the hon'ble Supreme Court changed its stand on several occasions regarding FIR. Any how, I try to answer your questions and I expect the legal experts in this forum may give their valuable advice, which may differ with my answers due to fluitdity of the subject. (a) FIR is filed only in criminal cases. Section 154 of Cr.P.C. talks about the FIR. (b)Because after recording the FIR, the copy has to be sent to the Magistrate and the Magistrate has the superentending power to find out the action taken in the FIR. Secondly, by registering FIR, the offence comes in the criminal statistics, which may spoil the image of police particularly and the party in power generally. (C) Answer is in Section 154 (3). If SHO/Duty officer at police station refuses to register FIR, send the copy by regd. post saying the fact that the FIR registration has been refused to the Supdt. of Police (Police Commissioner). Even then action has not been taken, then file a complaint case under Section 156(3) read with Section 200 of Cr.P.C. before the concerned magistrate to direct the police to investigate and file the report in respect of the offence. Yes, there is negligence and indirct connivance with the accused can be attributable to the police personnel for refusing the registration of FIR. But, they say that first they investigate and if there is cognizable offence is there, then only register the FIR (hon'ble Supreme Court accepted such proposition) (d) That is correct. Written complaint is always preferable. If the verbatim differs with the written complaint and tallies with the deposition in the court, then your case will be stronger. IT IS IMPORTANT TO LODGE THE FIR WITHOUT ANY DELAY. OTHERWISE ITS GENUINENESS WOULD BE QUESTIONED. (e) I do not know.