Why do police hesitate to file FIR?

If the police officer refuses to lodge an FIR because: The case does not fall within their jurisdiction. Deals with an offense which is non-cognizable in nature or it is outside their legal capacity to take cognizance of such an offense, in such circumstances the refusal to lodge an FIR is legitimate and justified.

Is a police officer bound to record an FIR?

According to the sub-section (1) of Section 154 Cr. P.C., when an informant informs the officer-in-charge of a police station about the commission of a cognizable offence, it is the duty of the said officer to record the same in the book that has been prescribed to them by the State Government for this purpose.

Is delay in FIR affecting the matter?

Mere delay in lodging the FIR with the police is therefore, not necessarily, as a matter of law, fatal to prosecution. Although FIR is not substantive evidence, it cannot be denied that it has probative value. If there is unexplained delay in lodging FIR it can be fatal to the prosecution case.

In which cases zero FIR can be filed?

A zero FIR can be filed in any police station irrespective of their residence or the place of occurrence of crime.” So any police officer cannot deny the registration of such an FIR even if the offense is committed outside the police station’s jurisdiction.

What happens if a police officer refuses to file a FIR?

You have three options if the police refuse to register an FIR. The complainant can approach the SP who will investigate matter and get it registered; file a complaint in the jurisdictional court; approach the Karnataka Lokayukta and file a complaint.

Can anticipatory bail be filed before FIR?

Anticipatory bail can be sought even before the filing of FIR if you can justify your apprehension of being arrested. It is possible. You can file an application for anticipatory bail even if a FIR is not registered.

What is non FIR?

These do not have the backing of law per se. If the cases are non-FIR, they could either be non-cognizable cases (where police cannot act without the orders from magistrate) or they can be disturbances to public order and tranquillity (Chapter VIII, X and XI of the CrPC).

Can I slap an IAS officer?

So, the answer to this question is that no government official, even if he is the collector of the district, can use force with you. However, even in this situation, no government official can beat you.

What should I do if a policeman slaps me without any reason in India?

File a complaint against the police officer ( under the charges of defemation,harassment,hurt,criminal intemidation ) with his superior. 2. In case, if the complaint is refused then ask him to approach a lawyer to take up this complaint to court in the form of private complaint.

What to do if the Indian police denies to register an FIR?

The Indian Legal System provides for adequate options that one can exercise in such cases, but it is very common that people don’t have the required information to exercise the same. If you are reporting a crime and the police denies to register your FIR on unreasonable grounds, you can make a complaint to a higher ranking officer.

What happens if a police officer refuses to lodge an FIR?

Refusal to lodge an FIR on jurisdictional ground amounts to 1 year of Imprisonment for the Police officials. A Petition may be registered and submitted to the Chief Justice of the concerned High Court / Chief Justice of India, Supreme Court, asking them to take Su Moto Cognizance of the alleged contempt of the Court.

What happens if a police officer refuses to register a report?

If the concerned officer in charge refuses to register a first information report about commission of a cognizable offence within his territorial jurisdiction under Sec. 154 (3), the informant can approach any senior officer of police or the Superintendent of Police or the Commissioner of the police with a written complaint.

What happens if an informer refuses to sign the Fir?

If an informer refuses to sign the F. I. R. he is guilty of offence u / s 1 80 Indian Penal Code which is as follows..-