Refusing to file FIR may land cop in jail for a year

Refusing to register an FIR on jurisdictional ground could now cost a policeman a year in jail. Taking strong view of increasing instances of such acts by police in various states, the Union home ministry has issued strict instructions to all states to not only initiate departmental enquiry against such cops but also prosecute them under Indian Penal Code (IPC).

The home ministry told the states and Union Territories to clearly instruct all police stations that failure to register FIR on receipt of information about any cognisable offence will invite prosecution of the duty police officer under IPC Section 166A (government official disobeying law) which will invite imprisonment up to one year.

In its latest directive, the MHA told the states and UTs that policemen should be sensitized to respond to complaints with alacrity, whether it is from man or woman, and must apprehend the accused immediately after the complaint, as it adversely impacts the victim and there is tendency of persons committing crimes to slip away when there is delay on extraneous grounds like jurisdiction.

There have been allegations that police was dithering in registering FIR in the December 16, 2012, Delhi gang-rape case over jurisdictional issue. There were also allegations that when a five-year-old was raped in East Delhi in March, police initially refused to register the complaint.

Citing Supreme Court judgments, the home ministry advisory said there was no legal argument to justify refusal to register FIR on jurisdictional issues.

Further, if after registration of FIR, upon investigation, it is found that the subject matter relates to jurisdiction of some other police station, the FIR may be appropriately transferred to the police station under which the case falls.

"Moreover, if at the time of registration of FIR, it becomes apparent that the crime was committed outside the jurisdiction of the police station, the police should be appropriately instructed to register a 'zero' FIR, ensure that the FIR is transferred to the concerned police station," it said.

The home ministry said there should be clear instruction by the state governments that the delay over the determination of the jurisdiction leads to avoidable wastage of time which impacts the victim and also leads to offenders getting an opportunity to slip from the clutches of law and that should be stopped.