Refusing to register an FIR on jurisdictional ground could now cost a policeman a year in jail. Taking strong view of increasing instances of such acts by police in various states, the Union home ministry has issued strict instructions to all states to not only initiate departmental enquiry against such cops but also prosecute them under Indian Penal Code (IPC).
The home ministry told the states and Union Territories to clearly instruct all police stations that failure to register FIR on receipt of information about any cognisable offence will invite prosecution of the duty police officer under IPC Section 166A (government official disobeying law) which will invite imprisonment up to one year.
In its latest directive, the MHA told the states and UTs that policemen should be sensitized to respond to complaints with alacrity, whether it is from man or woman, and must apprehend the accused immediately after the complaint, as it adversely impacts the victim and there is tendency of persons committing crimes to slip away when there is delay on extraneous grounds like jurisdiction.
Further, if after registration of FIR, upon investigation, it is found that the subject matter relates to jurisdiction of some other police station, the FIR may be appropriately transferred to the police station under which the case falls.
The home ministry said there should be clear instruction by the state governments that the delay over the determination of the jurisdiction leads to avoidable wastage of time which impacts the victim and also leads to offenders getting an opportunity to slip from the clutches of law and that should be stopped.
Prashant Uikey <firstname.lastname@example.org>
Enclosing the copy of the circular. We at FEAT encourage citizens to take action against Police officers for delay / non-filing of FIR. In case you need any assitance please contact us.
Milind Kotak <email@example.com>