Report No. 152

Non-Recording of FIR

A first information report against a police officer is generally not recorded. Ordinarily, the police officer responsible for recording of FIR relating to commission of a crime would turn away the complainant if the complaint is against the police.

Therefore, in cases of custodial torture, violence and injury, even if the victim or the kith and kin of the victim take steps to lodge FIR, they are generally unsuccessful in their attempt. On refusal on the part of the officer in-charge of police station to record the information, the complainant is entitled to approach the higher police officers namely the Superintendent of Police, Deputy Inspector General of Police and even the Inspector General of Police.

But generally the higher authorities of the police department do not take these complaints seriously on account of their soft corner for their subordinate officers. It is true that in some cases the Superintendent of Police or higher officers have taken steps to record the FIR and investigate the case but, by and large, FIR is not recorded against the police at the instance of the victim or his kith and kin. In a number of cases the aggrieved party has approached the court and on its direction FIR has been recorded and case has been investigated and the prosecution has been launched.

But, it is not possible for every aggrieved person to obtain the circuitous relief. In the circumstances, it is necessary to meet the situation by amending the law. If the police refuses to record the FIR, the aggrieved person should have the right to file a petition before the Chief Judicial Magistrate in the case of injury or torture and the District Sessions Judge in the case of death in custody and the petition so made should be treated as the FIR for the purpose of investigation and enquiry under the Cr. P.C.