Kiran Kumar (Lawyer) 29 December 2009

All complaints to be treated as FIR

i read this news in The Tribune 28th December 2009.

so what u people think of this move by Central Govt.

All police complaints to be treated as FIRs

New Delhi, December 28
Faced with repeated public complaints about non-registration of cases by the police, the Home Ministry has decided to issue a circular to all states asking them to ensure that all complaints received at the police stations should be treated as FIRs.

The circular, to be issued next week, would direct state governments and Union Territories to ensure free and total registration of all complaints as FIRs, sources in the ministry said.

The move comes following repeated public complaints that police personnel often adopts dilly-dallying tactics and show reluctance to register an FIR immediately on receiving a complaint.

The objective of the circular is that even if a complaint is false, the police has to investigate into it after registering an FIR. “If the complaint is found to be false, the police can always drop the FIR. But that should not be a deterrent in registering genuine complaints as FIRs,” an official said.

The move comes following allegations from the family of Ruchika Girhotra that when they lodged a complaint against former Haryana DGP SPS Rathore in the molestation case, the police initially refused to register an FIR.

The police also refused to register a case when Ruchika’s brother was harassed by the police on false charges, they had alleged.

The government, in the proposed amendment to the CrPC, wants to make it mandatory for a station house officer to give reasons for the registration as well as non-registration of a case after receiving a complaint. — PTI

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12 Replies

Daksh (Student) 29 December 2009

Dear Kiran,

This is nothing but an eye wash. On the contrary what Government ought to have done was to made these demons in khakhi to have least expected decoram and decency towards fellow citizens by making them accountable for their act. No body is touching the real issue.

Best regards

Daksh

Suchitra. S (Advocate) 29 December 2009

I think it is a good move ,Kiiran ji. Even though it results in increased number of investigations by the police in false complaints, common man is going to get benefitted by this. Now , there is no way to make police investigate without FIR. I think it is better if they hv punishment option in case of false complaints. It is time for Govt to take such measures so as to increase the levels of faith in the system.

1 Like

Suchitra. S (Advocate) 29 December 2009

And when they are made to give reasons for non registration, it also gives scope for accountability.

1 Like

Anish goyal (Advocate) 29 December 2009

What purpose it will serve? There are already guidelines by supreme court on recording of FIR, which are being violated daily.

Smita_L01042008 (student) 29 December 2009

why it is not bringing transperancy in the dealing of police. like our regulators are doing now a days.

it should be made obligatory to police to pubish records and details of all complaints and status of inevstigation,reason for not registration of complaint on their website or other mode.

in case matter is pending for many days they should he asked to give reasons for the same.

Feroz M Shafeeque (Police Officer) 29 December 2009

I wonder whether there is any thing new in this circular. The police is bound to register FIR if the complaint is of cognizable nature. Only Anti Corruption wing has power for pre registration enquiry based on SC rulings. As rightly pointed out by other members, this act is only an eye wash to cool down public fury against Rathode's insufficient punishment.

1 Like

Rajan Salvi (Lawyer) 29 December 2009

Police complaints will be used as a tool to get even with enemies. Simultaneous orders should be issued to increase the strenght of the police and to bifurcate investigation work from bandobast , VIP security work and other misc work. Complaint should be in the form of affidavit , [ spelling out what a person believes on his own/ from infor and source of info etc] and persons making false statements on oath should be severly punished.

N.K.Assumi (Advocate) 30 December 2009

This is nothing new. Government will alwyas issued such guidelines, directions etc and will be highly publicised through various media available to them, as if it is actively serving the public by such directions, only to be ignored one way or the other.

Gaurav Arora (Advocate) 30 December 2009

i think the government has to take certain steps to make all this possible......any communincation send through Electronic means like through E-Mail, SMS about the occurance of any offence should also be treated as Complaint....by this police officer has to take the congizance of the information received because the information will always be available on the servers for any future reference.....and this will ensure the effective/ transparent working of the police officer....

Shree. ( Advocate.) 30 December 2009

Unless there is punishment for not registering FIR, police will not respect the circular given by home department. It is time to make effective laws are set to punish erring officers severely.The new rule no doubt will be good for the people who have genuinely suffered, what about registeration of false cases to settle scores by chiding with the police officers for harassment with ulterior motives, and what about wrongful arrest,and installing hidden cameras in the police station to know what is actually going on there.

Aftab4u (PVT EMPLOYEE) 31 December 2009

Dear Experts ,

And if some one files a false FIR he is eligible for 10 years of life behind bars.

How much time it will take to prove weather the FIR is true or false ? till the order received from court the person cant apply for the passport nor he can go abroad will the above decision useful for the common people.

Once the FIR files on one person..his life will be made horrible and specially for the people those who are working in govt sectors the above decison will be a big hurdle for them.

Pls advice.

Aftab

Ziaur Rahman ( Practice) 01 January 2010

The propaganda of MHA is an eye wash. Section 154 CrPC makes it mandatory for the Officer in Charge of the Police station to record the FIR in a cognizable case. If he does not Section 156 CrPC guides the aggrieved person. on the other hand scetion 157 CrPC gives vast power to OC of the P.S regarding the investigation or for closing the case without investigation. All these provisions are there in the CrPC. What is the new in the propaganda of MHA?