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 after registering the FIR the enquiry should be started because the basis of Police enquiry should be FIR.
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.
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.
on the one hand it has been provided u/s 154(1)Cr.P.C that the FIR shall be registered i.e it makes the registering of FIR as compulsory.
But on the other hand sub section 3 of section 154 provides that if any person is agrieved by refusal to register FIR on the part of Police officer he can go to Superintendent of Police.
That shows even the law makers had the apprehension that section 154(1) may be violated by the Police
I think if any police officer refuses to register an information about the crime which he obviously cant U/S 154(1) Cr.P.C. then he should not be allowed to do this without a written reasoned order.
The officer should be made accountable to give a seperate written reasoned order to the complainant if he refuses to register FIR. I think that way the police will think twice before refusing to register any FIR.
I think the police should be made more responsible and if any officer refuses to register any case he should not refuse without reasons.
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Tags :Criminal Law
Sir providing a solution for refusal of FIR does not mean FIR is not compulsory. FIR is compulsory, but just like our constitution which provides for duties to citizen which need not be followed, DPS which can not be asked why not enforced, no accountability no responsibility, things are not getting done. I think, the topic you must have titled as non-registering of FIR to be punished we as a country did not agree to Human Rights clause of compensation for wrongful arrests, because we won't arrest people in power or with money, but we will violate in bunches rights of poor and they are many here was known to our politicians while drafting constitution