Report No. 156

52. Insertion of new section 167B.-

Complaints against Police Officers not to record the First Information Report at the police station, even though there is prima facie evidence of the commission of the cognizable offence have oftenly been made. Under the existing law, there is no provision for taking penal action against the police officers for their refusal to record information as contemplated by section 154(1) of the Cr. P.C. The Law Commission in its 84th Report on "Rape and Allied Offences", and in its 152nd Report on "Custodial Crimes" also observed that the remedy available under sub-section (3) of section 154 of the Cr. P.C. is not effective and adequate.

It, therefore, recommended for enactment of a new section 167B in the Indian Penal Code, making the failure to record the FIR by officer in-charge of a police station, punishable with imprisonment for a term which may extend to one year or with fine or with both. In order to discourage or prevent the malpractice of refusing to register information relating to commission of cognizable offences, it needs to be deliberated, besides the aforesaid measures, of insertion of a new section 167B on the aforesaid lines, what other suitable measures can be taken up for curbing the aforesaid malpractice?