What to do if Police do not register FIR? What is a Zero FIR?
Автор: Bhargavi Rao Law simplified
Загружено: 2022-06-04
Просмотров: 109
Описание:
For long, citizens have complained that some time police harass them and do not file their FIR.
So, if the police refuse to file FIR, the aggrieved party has several rights to pursue criminal or any other complaint.
People can approach the local magistrate or the local court to file a complaint.
What are your rights?
1.If you can't get an FIR registered at a police station, then you can approach the local magistrate under CRPC 156 (3) 1973. Under this section, a magistrate is empowered to order the investigation.
2.A magistrate can take cognizance of the complaint and ask the police to investigate the case and file a report. If a case is found, then the magistrate can order the police station in-charge to file FIR and probe the case thoroughly.
3. If the magisterial court refused to take cognisance of your complaint, then you have the right to approach the Session Judge for the exercise of powers under section 22-(A)(6), Cr.P.C. The Sessions Judge acting as Ex-officio justice of the peace can issue appropriate direction to police authorities on a complaint regarding non-registration of criminal case or negligence on the part of police authorities.
What is Zero FIR?
Zero FIR is much relatable to the FIR which is filed physically in the Police Station. The only difference between the FIR and the Zero FIR is that FIR is lodged as a complaint by the informant where the incident has occurred in the area in which the police station has the jurisdiction to conduct an investigation whereas a Zero FIR can be lodged in any police station irrespective of the incident happening anywhere.
Section 154 of the Code of Criminal Procedure, 1973 says that whenever an informant comes to the police station and submits his complaint, the information is converted into writing by the police officer and therefore keeps the record registered in the book as per the direction of the State Government. The informant is also given a copy of the FIR which is free of cost. FIR is registered when the offence committed is cognizable in nature.
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