Your right is to register an FIR, know what is the difference between FIR and NCR
Your right is to register an FIR, know what is the difference between FIR and NCR
It is often heard that ‘Police is not registering First Information Report (FIR)’. In such a situation, many times the victim has to go to the police station, then many times have to give up and decide not to file an FIR. This is all because people do not know about their rights to register an FIR.
Under the law, the police cannot refuse to register an FIR. It is also mentioned in section 154 of CRPC. Crimes in India are divided into two categories. The first is cognizable offence and the second is non cognizable offence.
Serious crime
The police do not require a warrant for arrest in a cognizable offense. These are serious crimes in which the police have to take immediate action. These do not require the magistrate to order the police to initiate an investigation. These include cases such as rape, murder, illegal confinement, damage to public property and taking bribe by public servants. Cognizable offenses are registered directly in the FIR.
Non-cognizable offense
Crimes committed without harming anyone fall into the category of indiscriminate. In these cases the police do not register a case without investigation. Also, the complainant also cannot force the police for this. If the police does not file a case, then in such a situation, the reason for not taking action has to be recorded in the log book, which also has to be given to the person in front. In such cases a magistrate’s order has to be obtained for investigation. In such cases, there is a non cognizable report file instead of an FIR, after which the police investigate.
What to do if FIR is not registered
Now what to do if the police refuse to register an FIR or evade it? First of all, you can file a complaint in writing with senior officials. If the FIR is not filed even after the senior officer has said, then you can apply to the Metropolitan Magistrate’s Court under Section 156 (3) of the Code of Criminal Procedure. The magistrate has the right to ask the police to file an FIR.
Action can be taken if refusal to register an FIR
At the same time, if a policeman refuses to register an FIR, then action can also be taken on him. Also, he may have to face departmental action. In such a situation, it becomes the responsibility of the police to file an FIR in cognizable offenses and complain in non-cognizable offense and if they do not file a case, then explain the reason to the complainant.
Yogesh and Ram Bajad & Associates with law firm. A law firm is normally an organization between legal counselors who have met up to offer their skill to customers under one name. We provide you this service like — Cyber Law, criminal law, corporate law, and Tenant lawyer advice.
Contact us : 098275 25296
