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judgementday (Other)     11 January 2024

Compensation from police

I am aware that if the police refuse to lodge an FIR, the complainant has the right to approach the Session Court’s Judicial Magistrate for a directive instructing the police to register the FIR under 156(3) section.

However, this process often burdens the complainant with legal expenses, damages, and mental anguish.

in light of this , I have two questions

(1)Is there a provision in the law that allows for compensation from the Police Department or the Investigating Officer (IO) for the hardships endured due to their initial refusal to register the FIR.

(2) If such a provision exists, does it necessitate a separate filing, or can it be claimed in the same Section 156(3) application?


Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     11 January 2024

1. The answer is that there's no provision in law for that. 

2. The above answer suits this question too. 

judgementday (Other)     12 January 2024

If Section 156(3) does not possess the required authority and privileges, Can the complainant consider filing a writ petition in the High Court  with the aim of seeking  two remedies i.e  both a directive for the registration of an FIR and compensation

 


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