FIR PROVISIONS IN COGNIZABLE OFFENCES

Why in News?

On allegations of sexual harassment, the Supreme Court has issued a notice to Delhi Police on a petition filed by wrestlers seeking an FIR against the President of Wrestling Federation of India (WFI). Since the complainants include a minor, the FIR provisions under Protection of Children from Sexual Offences (POCSO) Act 2012 are applicable.

Key Points about FIR

• First Information Report (FIR) is a written document prepared by law enforcement agencies when they received information about a cognizable offence (an offense for which the police can make an arrest without a warrant). FIR is the first step towards the probe.
• Section 154(1) CrPC: Police to register an FIR after information is received about a cognizable offence.
• Zero FIR: It can be lodged in in any police station, irrespective of the jurisdiction where the crime was committed or where the incident was reported, and the police station that first receives the complaint is obligated to register it as an FIR. After registering the Zero FIR, the case is then transferred to the concerned police station, and the investigation proceeds accordingly.
• Section 166A IPC: It refers to the offense of “Public Servant disobeying direction under law’’. If a public servant fails to record any information given to them under any law, or deliberately records false information, or refuses to register a case or information as required under any law, then they can be punished with imprisonment for a term which may extend up to two years, along with a fine.
• Section 166A was inserted to IPC based on Justice JS Verma committee.

 FIR Provisions under POCSO Act 2012

• Section 19: Makes it compulsory for anyone, including authorities such as hospitals, to inform the police in case they come across any incident of alleged sexual assault on a minor, or those below 18 years, irrespective of consent.
• Section 21: Any person, who fails to report the commission of an offence shall be punished with imprisonment of either description which may extend to six months or with fine or with both.
• Lalita Kumari vs Government of Uttar Pradesh and ors (2013): The Supreme Court held that if a person approaches a police officer with information about a cognizable offense, then the police officer must register an FIR and begin an investigation. The Court also held that a preliminary inquiry may be conducted only in exceptional circumstances, where there is credible information and material that requires verification before an FIR can be registered.

Remedies if Police Refuse to File an FIR

• Section 154 (3) CrPC: If a person approaches a police station to report a cognizable offense but the police officer refuses to register the FIR, then the person may send the information in writing to the Superintendent of police concerned.
• Section 156 CrPC: if a person is aggrieved by the police’s refusal to file an FIR, a complaint can be made before a magistrate. The magistrate can then order registration of a case at the police station.
• SC’s View: supreme court has said that the complaint before the magistrate would be treated as an FIR and the police can initiate its investigation. This also permits the police to investigate a criminal offence without any formal FIR

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