16/05/2020
POINTS FOR EASE OF REGISTRATION OF FIR
An FIR, as we call it, is a contraction of a word First Information Report, is the first piece of information in respect of an offence took place at a place, by anyone who has credible information about the same. It is noteworthy to mention here, the word ‘anyone’, because anyone can set the criminal law into motion, under section 154 of Criminal Procedure Code, but the same is obscure to many till now. A complaint getting lodged by anyone with necessary information must take the form of an FIR, at any police station at once. The complaint may be in oral written form. If it is oral, it should be reduced into writing by the officer concerned in the given police station. A complaint cannot be given in all cases except cognizable offences such as murder, r**e, etc. The complaint cannot be given as such in non-cognizable offences like defamation for which the jurisdictional magistrate is the competent person.
It is a herculean task to get even your complaint received by the police, let alone registering an FIR. However, the true import of section 154 of Cr.P.C, is that whatever the content of the complaint, FIR should be registered. It is not like the police will investigate the complaint first and checking the validity of the contents and register the FIR later. The other way round is right and legal. The rejection of the investigation at the threshold itself is not permitted based on the trivial and civil nature of the complaint without registration of an FIR, is contrary to law. There are police standing orders regarding this, which are always flouted as part of their duty and subjected the people to enormous hardship, though it is not obscure. It, lead to multiplication of litigation before the Hon’ble High Courts and the Hon’ble Apex Court.
Law enforcement agencies’ untrustworthiness at the lower level forced the people to lodge their complaint straightaway to the higher officials, such as Commissioner of police or the Superintendent of police, is against the letter and spirit of section 154 of Cr.p.c, which was kept on received by them and forwarded to the people at the lower rung of their hierarchy for action to be taken on the complaints which were mostly met with inaction and dissatisfaction. The ignorance of the law enforcement agencies has been a great obstacle for all these years till Lalith kumari case, came to be decided by the Supreme Court. The Hon’ble Supreme Court came down heavily in the said case and reiterated that section 154 should be followed strictly regarding registration of FIR. However the following four steps should be followed by the general public as well, namely, 1) while giving complaint, like approaching the local police first to lodge their complaint, avoiding the commissioner pf Police or equal cadre officer, 2) if there is no action, approach the higher officer, 3) approaching the jurisdictional magistrate to prefer a complaint under section 156(3) of Cr.P.C., for registering an FIR and investigation, based on such complaint, and then,4) approach the Hon’ble High court or Supreme Court as last resort under section 482 of Cr.P.C.
We see in all the police stations across the country, the rights of the arrested are seen displayed as per D.K.Basus’ case and so the procedures as laid down by Lalit kumari’s case for lodging a complaint should be depicted. It would help the public to understand their legal rights, the steps to lodge a complaint and to legal steps to be taken against the police officer who fails to take action on their complaint. The higher officers like the commissioner of police and superintendent of police should avoid receiving complaint as a first resort, which is violating the rule laid down in Lalitkumari’ case. The courts are empowered to levy fine or imprison the police officers who refuse to register FIR at the instance of the party who had complained. It is not out of place here to mention that the person who lodges a complaint with false charges can also be prosecuted.
Last but not the least, An FIR can be registered at any police station, irrespective of jurisdiction to avoid delay and the law-enforcing authorities should be made aware of this concept, which is called Zero FIR. The classic case which could have been avoided, had the zero FIR concept was understood and followed, was the r**e and murder of a veterinarian in Hyderabad. In this case, the concerned police failed to initiate action on a missing complaint citing jurisdictional issues. So far, unfortunately, the concept of Zero FIR is considered outlandish by all and sundry, concerned with the enforcement of the law, .p.c
