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Report No. 156

20. Insertion of new section 167A.-

Complaints against Police Officer 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 has 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 167A 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 167A on the aforesaid lines, what other suitable measures can be taken up for curbing the aforesaid malpractice.

I would, therefore, request you to kindly spare some of your precious time in giving your valued opinion to the issues raised hereinabove at your earliest convenience.

Looking forward to your co-operation.

With regards,

Yours sincerely,
Sd/-
(S.C. Srivastava)



The Indian Penal Code Back




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