Police FIR Registration Rights | Mohammad Afzal Supreme Court Case

❓ Question:

WHAT CAN YOU DO WHEN THE POLICE REFUSE TO REGISTER YOUR CRIMINAL COMPLAINT (FIR) DESPITE CLEAR EVIDENCE OF A CRIME?

✅ Answer:

Police MUST register an FIR immediately when they receive information about a cognizable offense. If they refuse, you can complain to higher police officials or approach the court.

The Supreme Court has ruled that police inaction in such cases amounts to dereliction of duty and violates your fundamental rights.

🧩 Understanding the Legal Principles

1 Mandatory FIR Registration for Cognizable Offenses

Police MUST register FIR when they receive information about any cognizable offense (serious crimes where police can arrest without warrant)
No preliminary inquiry allowed in clear cases of cognizable offenses
Medical legal cases (MLC) automatically indicate a cognizable offense occurred
Police cannot avoid this duty under any circumstances

2 Your Rights as a Victim/Witness

If you're injured in a crime, police must record your statement when medically fit
Age doesn't matter - even minors have equal rights to police protection
You don't need to "chase" police to do their duty - it's their responsibility
Religious/communal background should NEVER affect police action

3 Police Accountability

Police must shed personal biases while performing duty
Superior officers are equally responsible if juniors don't perform duties
Departmental action must be taken against officers who neglect their duty

🧭 Your Action Plan: Ensuring Police Action

🚨 If You Are a Victim of Crime:

✅ Immediate Steps to Take

Go to nearest police station and give written complaint
Get acknowledgement of your complaint
Seek medical help immediately if injured - medical records serve as evidence
Note down details of the incident, accused persons, witnesses

📞 If Police Refuse to Register FIR

Meet the Senior Police Officer (SP/CP) of your district with written complaint
Send complaint by registered post to maintain proof of submission
Approach the Court under Section 156(3) CrPC for direction to police
File a Writ Petition in High Court for violation of fundamental rights

⚖️ If Police Still Don't Act:

✅ Legal Remedies Available

Approach Judicial Magistrate with all evidence and medical records
File complaint with State Human Rights Commission
Write to District Legal Services Authority for free legal aid
Approach High Court/Supreme Court for direct intervention

⚖️ Key Legal Provisions Explained

📜 Criminal Procedure Code (CrPC), 1973

Section 154: Mandatory FIR registration for cognizable offenses
Section 154(3): Complaint to Superintendent of Police if local police refuse
Section 156(3): Magistrate's power to direct police investigation
Section 190: Magistrate can take cognizance directly if police fail

⚖️ Constitutional Provisions

Article 21: Right to life includes right to protection and access to justice
Article 14: Equal protection regardless of religion, caste, or community
Article 226: High Court power to issue writs for enforcement of rights

📘 Checklist for Victims/Witnesses

✅ If Police Don't Register FIR

Get written acknowledgement of your complaint
Collect all medical records if injured
Preserve all evidence (photos, videos, documents)
Note down police station details and officers' names
Keep records of all dates and communications

✅ When Approaching Higher Authorities

Prepare detailed written complaint with all facts
Attach all supporting documents
Send by registered post for proof
Follow up regularly but patiently
Seek legal aid if needed

🚩 Warning Signs of Police Inaction

⚠️ Red Flags in Police Response

Police saying "come back later" without valid reason
Refusing to give written acknowledgement of complaint
Asking to "compromise" instead of registering FIR
Showing bias based on religion, community, or background
Delaying medical examination of injured victims
Not taking action despite clear evidence

🛡️ Protective Measures

Always get written acknowledgement of complaints
Note down police officers' names and badge numbers
Use registered post for official communications
Seek medical attention immediately if injured
Contact legal aid services for guidance
Don't hesitate to approach higher authorities

📞 Helplines and Resources

District Legal Services Authority

Free Legal Aid

Contact your local DLSA office

Women Helpline

181

For women victims

Child Helpline

1098

For minor victims

State Human Rights Commission

Police Accountability

Contact your state commission

🚨 When to Seek Legal Help

👨‍⚖️ Lawyer Essential For:

Drafting formal complaints to higher authorities
Filing applications before Magistrate under Section 156(3) CrPC
Preparing and filing writ petitions in High Court
Representing in disciplinary proceedings against police officers
Complex cases involving communal issues or serious injuries

📝 You Can Handle With Support:

Initial police complaint and follow-up
Basic documentation and evidence collection
Approaching free legal aid services
Writing to human rights commissions
Basic follow-up with police officials

"Police must register FIR when they receive information about cognizable offenses - this is not discretionary but mandatory. Your right to police protection doesn't depend on your age, religion, or social status. Medical legal cases automatically indicate cognizable offenses - police must act immediately. Don't let police inaction discourage you - higher authorities and courts are there to help. Keep records of everything - complaints, medical reports, communications with police. When in doubt, seek legal assistance - many free services are available."

⚠️ DISCLAIMER

This content is for informational purposes only and does not constitute legal advice. Consult a qualified legal professional for specific legal guidance. The information provided is based on judicial interpretation and may be subject to changes in law.

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What to Do When Police Refuse to Register Your Criminal Complaint (FIR)?