sirs,
when a cognizable offence is committed, but the victim does not wish to prosecute the offender, an FIR can be registered suo moto, on the information u/s 173 BNSS ?
Salil Kumar p
advocate
advocatesalil@gmail.com
Section 173 of the Bhartiya Nagrik Suraksha Sahita (BNSS) outlines the procedures for reporting and handling information related to the commission of cognizable offences.
BNSS provides for in-absentia trial of proclaimed offenders. i. Registration of FIR irrespective of jurisdiction [Sec. 173 (1) BNSS] FIR can be registered at any Police station irrespective of the area, where the offence is committed.
The major concern in this regard arises with the introduction of Section 173(3) of BNSS. The police on being intimated that a cognizable offence has taken place will now be allowed a period of 14 days to conduct a preliminary enquiry before registering the FIR.
If a police station officer refuses to record information, the aggrieved person can send the information in writing to the Superintendent of Police. The Superintendent can then investigate the case or direct an investigation by a subordinate police officer. If the Superintendent is not satisfied, the aggrieved person can apply to a Magistrate.
