HOW TO GET FIR REGISTERED ?
The procedure of FIR registration starts with filing of complaint at the police station. If the complaint involves cognizable offence, officer-in-charge can register FIR under Section 173 of Bhartiaya Nagarik Suraksha Sanhita (BNSS). Cognizable offences are such offences details of which are given in First Schedule of the BNSS. Complaint can be filed by the victim of an offence or anybody who has information about the occurrence of cognizable offence.
The concept of Zero FIR
In several cases there used to be delay in registration of FIR on account uncertainty about territorial jurisdiction. The concept of zero FIR has been also introduced in BNSS to avoid this uncertainty. Even if complaint discloses that cognizable offence has been committed beyond the territorial jurisdiction of a police station, FIR has to be registered and transferred to police station having jurisdiction.
E-FIR
The concept of e-FIR has also been introduced in the BNSS. Now a complaint can be sent to police station through e-mail. But the complaint has to visit the police station and sign complaint for FIR to get formally registered.
Preliminary Inquiry
If the complaint discloses offences for which punishment prescribed is more than three years but less than seven years, the officer in charge, with permission from Deputy Superintendent of Police, can conduct preliminary inquiry within fourteen days and if there is a prima facie case, proceed with investigation.
What to do if police refuse to register a case ?
There may be cases where police may refuse to register FIR on the ground that the case is civil case or that the case does not disclose cognizable offence. In such scenario, the complainant can approach Deputy Superintendent of Police for registration of FIR. Even if at this stage, FIR is not registered, the Complainant can approach the Magistrate under Section 175 (3), who can issue direction for registration of FIR.
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Mukesh Kumar Suman is an advocate and legal author based at Delhi. He regularly appears before various Judicial Forums including NCLT, NCLAT, High Courts and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.