Reasons:- The refusal of writing FIR is a very frequent practice with the intention to show less crime record in the jurisdiction and to minimize the workload of a particular police station.
Generally, police try to settle the matter without logging the FIR which creates the win-win situations for both the parties’ i.e. complainant and defendant. But in many cases police tries to escape from its duty to lodge FIR to eliminate the burden of work. Current practice leads to an environment where a victim suffers at the end of police and victim struggles for justice.
Excuses: Small / Dispute -The degree of some offenses is considered by police so little that police do not consider lodging an FIR and refuse for the same.(It is right of every citizen and obligation of the police authority to lodge an FIR for any type of dispute).
Example: – disputes in neighbors due to excess use of water or parking issues, littering garbage around the neighborhood etc.
Remedies:- Any person aggrieved by the refusal of police in charge to lodge the FIR, one may send the substance of such information, in writing by a post to the superintendent of Police under section 154(3) CrPC. Even if SP declines to take action, a victim can go to DIG then IGP and then lastly to DGP. Besides this while making a complaint, remember to take the receiving of the complaint in form of seal and signature of concern officer on the copy of such complaint. Zero FIR can be filed in any police station irrespective of place of incident or jurisdiction and the same can be later transferred to the appropriate Police Station. If any Police authority declines from writing a FIR, one can also directly approach the magistrate in written for lodging his complaint; under section 156(3) magistrates will empower an order to police to investigate on such complaint. It is the duty of an officer to write the FIR in exact words and to read it to the complainant and give the copy of FIR for free of cost as mentioned under section 154 of CrPC.
You can also…
• Send your complaint in writing to the Superintendent of Police (SP)/SHO of the Local Police Station by Registered Post Acknowledgement Due (Regd. Post AD).
• Make a written complaint to the concerned State Human Rights Commission or the National Human Rights Commission that the police are not doing their duty of enforcing the law or that they are being negligent, biased or corrupt
Recommendations:- Always file a written complaint in such cases and take a duly sealed & signed acknowledgment from the police authority. This may further be used as an FIR or to file a private complaint in the court. While lodging an F.I.R you must ensure the following:
• There should be four copies being recorded simultaneously, with carbon sheets in place. • Language is important. It must be recorded in the first person.
• Try not to overwrite or score out.
• Try to use simple words.
• Ensure that the arrival/departure time is mentioned in the FIR and in the Daily Diary Register at the Police Station
• Carefully read the document before signing.
Things you must not do:
• Never file a false complaint or give wrong information to the police. You can be prosecuted under the law for giving wrong information or for misleading the police.—[Section 203, Indian Penal Code 1860]
• Never exaggerate or distort facts.
• Never make vague or unclear statements