Refusing to File FIR May Land Police in Jail for a Year

Home Ministry Mandates FIR Registration for Cognizable Offenses: Non-compliance May Lead to Prosecution

The Ministry of Home Affairs has issued a significant advisory to all States and Union Territories regarding the mandatory registration of First Information Reports (FIR) for cognizable offenses. According to the advisory, police officers who fail to file an FIR after receiving information about a cognizable offense may face prosecution under Section 166A of the Indian Penal Code (IPC) and now Section 198 under the Bharatiya Nyaya Sanhita (BNS), as well as departmental action or both.

FIR Registration: A Legal Obligation

Citing various Supreme Court judgments, the Ministry emphasized that police officers are legally required to register an FIR as soon as they receive information about a cognizable offense. Failure to do so will result in legal consequences for the officer in question. If, during the investigation, it becomes apparent that the case falls under the jurisdiction of another police station, the FIR should be transferred accordingly. Additionally, if it is clear that the crime was committed outside the jurisdiction of the police station where the FIR was filed, a 'Zero' FIR should be registered, which is then transferred to the appropriate police station under Section 154 of the Criminal Procedure Code (Cr.P.C) and now Section 173 under the Bharatiya Nagarik Suraksha Sanhita (BNSS).

Zero FIR: A Solution to Jurisdictional Issues

The Zero FIR system ensures that the registration of the FIR is not delayed due to jurisdictional issues. Once the FIR is filed, the police are responsible for ensuring that it is transferred to the correct police station without any undue delay. This system helps prevent the wastage of time, which can harm the victim’s case and provide an opportunity for offenders to escape justice. This provision is also supported by Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). Section 173 of BNSS requires police stations to register an FIR (First Information Report) when they receive information about a cognizable offense, even if the crime didn't happen within their jurisdiction. Under Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), a "Zero FIR" can be registered at any police station, regardless of jurisdiction. The police station then forwards the Zero FIR to the police station with jurisdiction over the incident, which re-registers it as a regular FIR. This process ensures that victims can report crimes immediately, regardless of location.

Legal Provisions and Accountability

The advisory emphasizes that under Section 166A of the IPC, police officers who willfully neglect or fail to register a cognizable offense after receiving the necessary information can be prosecuted. This provision also serves as a reminder that neglecting such duties will not only harm the victim but may also allow offenders to escape justice.

In parallel, Section 198 of the BNS, 2023 comes into play, which is equivalent to Section 166A of the IPC. It holds public servants, including police officers, accountable for not registering a cognizable offense when information is received. This section aims to ensure that victims' rights are protected and criminals are not allowed to evade justice due to procedural delays or negligence.

Prosecution of Police Officers for Non-compliance

The Ministry made it clear that failure to comply with the mandatory registration of an FIR will lead to severe consequences for the officer involved. As per Section 166A of the IPC and now Section 198 under the Bharatiya Nyaya Sanhita (BNS), the police officer can be prosecuted for neglecting their duty or subjected to departmental action. This is aimed at preventing any delay in justice and ensuring that police officers uphold their responsibilities. The corresponding provision under the Bharatiya Nyaya Sanhita (BNS) and BNNS further strengthens these guidelines.

Impact on Victims and Legal Implications

The advisory emphasizes that delays in registering FIRs can severely impact the victim’s case, often providing criminals with an opportunity to evade the law. The Ministry has instructed that clear guidelines be issued by state governments to prevent such delays, which can result in avoidable wastage of time. The Ministry’s advisory serves as a crucial reminder to law enforcement agencies across India that failing to register an FIR promptly will lead to legal consequences for police officers. By ensuring timely action, the criminal justice system can function more effectively, protecting the rights of victims and maintaining public trust.

Key Takeaways:

Police officers must register an FIR on receiving information about a cognizable offense under Section 166A of the IPC and Section 115 of the BNS.

Failure to register an FIR can result in prosecution under Section 166A of the IPC, now Section 198 of the BNS, or departmental action.

Under Section 173 of the BNNS, Previously Section 154 of the Criminal Procedure Code (CrPC), Zero FIR should be used in case of jurisdictional issues to avoid delays in the investigation.

Delays in FIR registration can harm the victim's case and provide criminals with an opportunity to escape justice.

The advisory emphasizes the need for clear guidelines from state governments to prevent delays and ensure swift legal action.

The Advisory is available here.

Dr. Karnav Shah, Executive Director of Jivanamasteya Trust, is a committed child & human rights advocate leading initiatives in legal aid, livelihoods, & healthcare education in India & Australia. With a doctorate & degrees in law, business, & Mgt., he empowers communities through education, writing, & social action—igniting change & inspiring transformation through purposeful leadership.