mehnatRejection / Possible rejection / Guaranteed rejection of complaint
Top of PageCriminal complaints get rejected by the police fairly often. The circumstances of rejection vary from case to case. Sometimes the police refuses to register an FIR for unsatisfactory reasons or for reasons which they refuse to explain. At other times the complaint itself is without merit. At still other times the complainant is a habitual complainant and is trying to abuse legal procedure. Four such situations are elaborated hereinunder.
What can complainant do if police at the Police Station refuses to register FIR?
Top of PageAs has been explained in this article the procedure for registration of an FIR is simple in the simplest case. It has also been been stated that the procedure is longer at other times. What are these "other times"?
The "other times" are those occasions when the police refuses to register an FIR upon receipt of a complaint. In such situations the complainant has got the legal right to approach the office of the SP (Superintendent of Police) / of the DCP (Deputy Commissioner of Police) of the district where the concerned police station is located. He is required to submit a written copy of his complaint in such an event. The SP or the DCP, as the case may be, is empowered under Section 173(4) of the BNSS (similar to Section 154 (3) of CrPC) to issue an order for registration of an FIR. In addition he / she is also empowered to decide who the IO (Investigating Officer) of the said FIR shall be.
What can complainant do if the SP / DCP also refuses to order registration of FIR?
Top of PageIt may happen that the SP / DCP also refuses to order registration of an FIR after receiving a copy of the complaint submitted in the manner described above. The complainant in such situations has got the right to approach the area judicial magistrate with a complaint under Section 175(3) of the BNSS (similar to Section 156(3) of CrPC). Such a magistrate is empowered to order registration of FIR and investigation of the allegations contained in the submitted complaint.
Hearsay as a basis for an FIR
Top of PageDifferent writers have different views about hearsay becoming a basis for an FIR. Most writers say that if somebody provides vague or unreliable information, it cannot be considered to be a permissible basis for an FIR even if it is in written form. Janak Raj Jai however, holds that hearsay is a perfectly valid basis for an FIR. (Jai, J.R., Bail Law and Procedures, Universal Law Publishing Company, Delhi, 2012) [10]
Subsequent complaints / Second Information Report (sic)
Top of PageIf any subsequent claims in the form of complaints are made by the complainant, the police is not bound to accept them, or to take them seriously. Such claims are a fairly common occurrence in dowry cases, since disgruntled wives start to feel the need to embellish, embroider, and exaggerate their original version as soon as they realise that the government machinery is extremely receptive to their lies. This can and does go against them eventually, because a large number of discrepancies arise and keep arising between the various versions that keep coming up during the legal process. Remember that in law there is no concept of S.I.R. or Second Information Report, although this ("Sir") is the preferred form of address used by the police when they talk to your 'father-in-law'.
References:
Top of Page10)Jai, J.R.; Bail Law and Procedures; Universal Law Publishing Company; Delhi; 2016