Shubham Bhardwaj (Practice) 15 October 2021
Dear Mr Singh,
In case the police fails to register FIR, there are multiple options available such as:-
1. File Application uner Section 154(3) Cr PC to Superintendent of Police in case the SHO is not registering FIR.
2. If no action is taken by the SP, Police then file an Application u/s 156(3) Cr PC to Judicial Magistrate First Class. The JMIC will order the police to register FIR and investigate. Basically 156(3) is filed where investigation by police would be necessary.
3. File Private Complaint u/s 200 Cr PC. These complaints are filed where the nature of offence can be proved by the complainant himsef such as cheating etc and where detailed investigtion is not required.
Shubham Bhardwaj (Advocate)
District & Session Court, Chandigarh
Punjab & Haryana High Court, at Chandigarh
Disclaimer:- Opinion is only for guidance.
Pradipta Nath (Advocate) 15 October 2021
What is the context and facts of this matter? As a matter of fact, not every complaint amounts to cognizable offence! Anyhow seems, the query is more or less a academic one!
Dr J C Vashista (Lawyer) 16 October 2021
Giving such examination should be discouraged by Admin of this site.
Ananya Gosain 16 October 2021
PROCEDURE OF REGISTRATION
It is absolutely mandatory for the Police to record the information provided. You can send a written complaint to the Superintendent of Police. A complaint can also be made to the Judicial Magistrate with the help of a lawyer who should direct the Police to investigate the case.
Hope this helps
minakshi bindhani 21 October 2021
Anusha Singh 21 October 2021
As per your query it is understood that you need information regarding the registration of FIR.
Once you approach the police station, you will be directed to the duty officer/ officer-in-charge of the police station for your FIR to be registered. You will be required to provide information regarding the alleged offence. You can either verbally tell the officer about what happened or write down the information/details yourself. If you are telling verbally, the police ought to write it down.
The Police Officer will make an entry in the Daily Diary / General Diary. If you have a complaint in writing with you, you should take 2 copies of it and give them to the officer. He/she will stamp both and return one to you. The stamp would bear a Daily Diary Number or DD No. This number is proof that your complaint has been received. You have a right to acquire a copy of the FIR without any charge. It is advisable to note down the FIR number, the date of FIR and the name of the police station. If you lose a copy, you can use the aforementioned details to access the FIR online.
The Police would read out the details of the FIR to you and once you confirm that the details are correct, you can sign the FIR. You must ensure that the FIR mentions the date and time of the incident along with the identity of the accused (if possible) in a precise manner. It is not important that you have all the information about the crime so as to register an FIR, but it is crucial that you give all the information that you have to the police.
The Police will investigate the case after the FIR is registered. This would include recording of statements by witnesses and thereafter make a final report. If there is enough evidence, and the Police finds ground in the complaint, they would frame charges and prepare a charge-sheet for submission before the Court. The trial procedure begins. However, if the Police is of the opinion that the complaint does not have any basis or that it lacks evidence, any further action will be dropped.
After the FIR is registered, the contents therein cannot be changed. However, any additional information that you may get pertaining to the case should be given to the police later on at any point.
In some states and cities in India, some kinds of FIRs and complaints can also be filed online. For example in Delhi, an online complaint can be filed for stolen or missing articles (phones, vehicles, etc.), missing persons, unidentified children, persons or dead bodies, etc.
As already mentioned, it is absolutely mandatory for the Police to record the information provided. When you approach the Police station to get your FIR registered and are refused, you can send a written complaint to the Superintendent of Police. A complaint can also be made to the Judicial Magistrate with the help of a criminal lawyer who should direct the Police to investigate the case.
Lalita Kumari vs. Govt of UP & Ors” laid down directions for the police officials qua registration of FIR. Further, in the case, the court stated that the police is bound to register an FIR when the information supplied to the police discloses the commission of cognizable offence(s).
Whereas in the case of non cognizable offences, the police has the same powers except the police can’t investigate the matter and arrest the accused persons without the leave of a magistrate.
Hope it helps!