Getting your complaint registered is your legal right
New Delhi, August 2: Whenever a police officer refuses to lodge your complaint, remember that it is your right to get it registered. In such instances, you can rely on to higher ranking officer with a written complaint. If he too behaves in the same manner, a formal complaint can be registered at the nearest judicial magistrate, who will direct the police to take necessary action. Finally, you have to ensure that a receipt is received confirming the registration of your complaint.
Women, be aware of your right enforced in 2013 that, ‘a woman can lodge a FIR at any police station irrespective of the place of crime. The cops cannot refuse it’. Another right implemented by the Supreme Court in 2007 states that ‘a police officer who fails or refuses to lodge your complaint could get an imprisonment of 6 months to 2 years’. At the same time, Supreme Court has held that “A vague, indefinite or unauthorised piece of information cannot be regarded as first information merely because it was received first in point of time. Likewise, an unclear message over the phone simply stating that a person is lying dead on the road does not amount as First information report”.
Various states, as well as the National Human Rights Commission, has provided the service enabling to file e-complaints, where the complaints against the defaulter officials can be registered through a Network.
A police officer can refuse to lodge your complaint
If it is a petty issue (like cheating, fraud, forgery, bigamy, selling underweight or adulterated food or creating a public nuisance) or if it doesn’t come under his jurisdiction. At that time one can approach the magistrate to seek justice. On the other hand, if the complaint is perceptible, like murder, rape, rioting, dacoity, etc., an immediate action must be taken by the police officials as the arrest can be made even without a warrant.
Police officials will be imprisoned for one year if he refuses to file FIR in certain cognisable (serious) issues. The status of your complaint against the irresponsible police officer can be checked through the application under Right to Information (RTI).
A writ petition may be filed in respective of High Court seeking compensation for damages caused due to the inaction of police after a complaint is being raised. Such an experience could result in frustration/deprivation of – life and liberty of any person, which is guaranteed under the Article 21 of Constitution of India.
Under section 166A(c), if the public servant concerned fails to record any information given to him under sub-section (1) of section 154 of the Code of Criminal Procedure, 1973, in relation to serious offences, he is punishable with rigorous imprisonment for a term of minimum six months. The imprisonment may be extended up to two years along with a fine.