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AMIT BAJAJ ADVOCATE (ADVOCATE)     16 April 2010

FIRs should be made compulsory

Should FIRs be made compulsory? Recently there was a news that the central govt is considering that the FIRs be made compulsory. I think the FIRs should be made compulsory.

 

FIR means First Information Report i.e report about the happening of a crime. Whenever anyone meet with a crime or see the crime happening and he informs the police, it should constitute an FIR and police should not refuse to register it.

 

But the reality is that the whenever a common man goes for registering a FIR its never easy for him. It is generaly seen that the Police always first start enquiring about the crime whether it has happened or not instead of registering FIR. But actualy what should happen is that the after registering the FIR the enquiry should be started because the basis of Police enquiry should be FIR.

 

Registering of FIR will not result in esteblishing the fact that crime has happened it is just an information about the crime which should be reduced to writting by the police whenever informed about it. But the police always makes excuses at the first instance to put off registering FIR especialy in smaller towns.

 

Even sometimes it is seen that the police tries to make the complainant and defendant in a particular crime come to some compromise. But the fact is that the Police is and should not be authorised to do this. If any compromise is to happen that should happen before court in compoundable offences.

 

I think the police should be made more responsible and if any officer refuses to register any case he should not refuse without reasons.

plz post  your comments



 1 Replies

Guest (Guest)     17 April 2010

Yes, Sir, you are completely right.  What I want to add is that the police not only in simple matters like mobile snatching, pick-pocketing but also serious crimes, such as rape etc. refuse to receive the complaint to register it FIR.  Nithari case is before us.  Scores of poor children vanished.  FIRs were not registered.  The chowki incharge, there is an allegation, went to the accused and took bribe and sat on complaint, when these innocent poort children were butchered in the Kothi.

Even the hon'ble Supreme Court is not consistent about compulsory lodging of FIR in each and every case.  I am informed that a constitutional bench  is considering this matter to give appropriate direction in this regard.  We also heard in January, 2010 that the Home Ministry is bringing necessary amendments in Cr.P.C. for compulsory registration of FIRs. 

If the complaint is sent by regd, post or by e-mail, then also FIR has to be registered.


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