What to do if your request for filing FIR gets denied?
Posted on: 04/Sep/2017 11:22:08 AM
If you seek a police officer for filing an FIR and he denies getting it done, what should you do?
In such cases when your request for filing FIR is denied for unfair reasons, you may approach a senior official. And if the senior still resists lodging the FIR complaint, you may give out a written complaint to the nearest Judicial Magistrate. Upon this, the magistrate would push the police for registering FIR. However, nowadays, it is possible to e-file your complaints.
Once the complaint registration is done, make sure that you take the complaint receipt.
There may be varied reasons for denial of complaint filing by the police officer. The two main reasons are:
- The issues is negligible
- If the police station does not encompass the necessary jurisdiction
According to law, crimes can be of 2 types: Cognizable offence and non-cognizable offence. An FIR can be filed only for cognizable offence. In case of non-cognizable offence, the magistrate would pass on its orders to the police with appropriate action.
What are cognizable offences?
Rape, rioting, dacoity, murder, etc come under cognizable offences. In such cases, the police do not require any warrant for arresting the criminal.
What are non-cognizable offences?
Forgery, public nuisance, fraudulence, cheating, etc are some of the non-cognizable offence types. In these, the police officials do not hold the right to arrest without warrant.
What if the police official refuses filing FIR in spite of the cognizable offence falling under their territorial jurisdiction?
In such cases, according to Sec 154 (3), you may prepare a written complaint and approach a senior police official or police commissioner or superintendent of police. Upon receiving your complaint, the subordinate police official shall order the senior official to file an FIR.
