Police’s duty to register FIR if cognizable offence brought to its notice, says Bombay High Court

The HC said this while hearing a petition challenging a circular issued by former Mumbai Police commissioner Sanjay Pandey on June 6 that said that approval of the DCP was needed before registering FIRs under the Protection of Children from Sexual Offences (POCSO) Act and in cases of molestation.

The Bombay High Court on 21/07/2022 said that it was the duty of the police to register an FIR when a cognizable offence is brought to its notice and an appropriate report can be filed later if no evidence is found in the case.
The HC said this while hearing a petition challenging a circular issued by former Mumbai Police commissioner Sanjay Pandey on June 6 that said that approval of the DCP was needed before registering FIRs under the Protection of Children from Sexual Offences (POCSO) Act and in cases of molestation.

The June 6 order was withdrawn and a revised circular was issued on June 17, which directed police officers to immediately register FIRs in cases of molestation or crimes under POCSO in case they do not suspect any foul play. The HC was informed that the revised circular was also withdrawn on July 12 by new police commissioner Vivek Phansalkar.

A division bench of Justice Revati Mohite-Dere and Justice Sharmila Deshmukh was hearing a plea filed by the mother of a victim, who alleged that she had approached a police station in Mumbai last September after she and her minor daughter were sexually assaulted by a constable and another person.

she claimed the police declined to register an FIR and instead recommended that a preliminary probe be conducted to check the
veracity of the allegations. The petitioner then moved a special POCSO Act court, which is yet to hear the plea.

On Thursday, the petitioner’s advocate Arjun Kadam told HC that while the June 6 circular has been withdrawn, the special court judge was deferring the decision citing the circular.

The HC clarified that it would not direct the subordinate court to pass any order, but urged the police officers to do their duty. “Right or wrong, once it is brought to notice that a cognizable offence is committed, it is the duty of the police officer to register an FIR. Thereafter, if there is no evidence then an appropriate report can be filed.”