RAHUL AGRAWAL 23 January 2022
Anaita Vas 25 January 2022
There are several consequences if a police officer refuses to file an FIR.
Police personnel who fail to register a FIR in cognizable cases may suffer a variety of punishments as a result of their negligence. If the concerned authorities do not take any action after the offended has exhausted all of the above-mentioned administrative and legal remedies, the complainant can pursue the following options.
You may file a writ petition in the appropriate High Court seeking the issuance of a Writ of Mandamus against the negligent police officers, after which the Court will order them to explain why they failed to file the report.
Another option for you is to file a Writ Petition in the appropriate High Court to seek damages, if the failure to file the report resulted in the denial of your right to life and personal liberty as protected by Article 21 of our Constitution.
Furthermore, our country's criminal law addresses this heinous act, which is all too common these days. A public servant who refuses to collect information is punished under Section 166A of the Indian Penal Code. Sub-section (3) of the section states that refusal on the part of a public official to record any information u/s 154(1) of the Cr.P.C. in connection to the crimes u/s 326A, 326B, 354, 354B, 370, 370A, 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB, 376E, or 509 of the IPC will be punished.