In this article, Saloni Sharma discusses what is to be done when the police do not take any action based on the complaint.

Introduction

Article 246 of the Indian Constitution designates police forces as state-subject, i.e. the state governments have the authority to make rules and regulations for the police force under their jurisdiction, contained in their respective state manuals.

The police force is mainly entrusted with the duty of maintenance of law and order, carrying reasonable investigation, prevention, and detection of crimes. Besides civil police states also maintain their own intelligence and crime branches. All senior police posts in various states are occupied by the Indian Police Services (IPS) cadres, recruited on an all-India basis.

The Central Government maintains Central Police forces, Intelligence Bureau (IB), Central Bureau of Investigation (CBI), institutions for training of police officers and forensic science institutions to assist the state in gathering intelligence, in maintaining law and order, in investigating special crime cases and in providing training to the senior police officers of the state governments.

In case of any injury to a person’s rights, whether civil or criminal, the basic procedure starts with the filing of a complaint or First Information Report (FIR) which is explained below:

Complaint

Clause (d), Section 2 of The Code Of Criminal Procedure, 1973 defines a complaint as ‘any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, but does not include a police report’. On receiving a complaint about a non-cognizable offence within the jurisdiction of a police station by an informant, the office in charge mentions the same in the station diary and refers the informant to the concerned magistrate. The magistrate can then order the police to start its investigation for the case. The complaint registered can be a cognizable or a non-cognizable offence.

First Information Report (FIR)

Section 154 elaborates on the concept of ‘information in cognizable cases’ which covers the provision for an FIR as under:

‘Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read Over to the informant’. The information in writing should be signed by the informant and entered in a book by the officer.

A copy of the information provided is given to the informant free of cost.

If an officer in charge of a police station refuses to record the information of the informant then the person (informant) can send the substance of such information, in writing by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, in the manner provided by

The Code Of Criminal Procedure, 1973 and such officer shall have all the powers of an officer in charge of the police station in relation to that offence. More information on FIR can be obtained on this link.

What happens after an FIR/Complaint is filed?

After an FIR or complaint is filed, the next step is an arrest (in case of a cognizable offence) and investigation. According to clause h, Section 2 of the Criminal Procedure Code 1973, investigation ‘includes all the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorized by a Magistrate in this behalf’.

The police in order to take action regarding the case, records the statements of the witnesses, examines the evidence, collects forensic proofs and records the same in a charge sheet under Section 173 of the Criminal Procedure Code,1973. If while investigating police doesn’t find enough evidence to prove that the crime has taken place, the case can be closed after justifying the reasons for the same in the court.

How to know the status of your complaint or FIR?

The complainant can receive information about his/her complaint by entering his/her complaint/FIR number, name, district, and the police station. There are also provisions to view the registered FIR and filing a complaint online on the website. These new developments ensure easy access and transparency of the working of various organizations. To access the FIR or check the progress of the complaint the complainant can log on to the official state police website.

For example, for a complaint filed in Delhi, the complainant can log on to the Delhi police official website, click on the option for ‘citizen services’ and choose among various options like ‘view complaint status’, ‘view FIR’, ‘theft e FIR’ etc.

However, if the complainant is not able to access the progress of his complaint he can contact the senior official of the police station or file a Right to Information applies to the Station House Officer (SHO) of the police station to seek knowledge about the progress of his/her complaint. The application should contain the name and address of the complainant, Daily Diary number/FIR number, description of the information required if the information is required by post or in person etc. A sample of the RTI application can be found here.

Click here for more information on RTI application for the progress of police complaint.

No satisfactory action taken by the police yet?

If on receiving the status of the complaint after the complaint has been filed for a reasonable time, a person discovers that no action has been taken by the police on the complaint, the person can follow any of the following procedures:

Superintendent of Police or senior officer

Write an application to the Superintendent of Police concerned, by post under clause 3, Section 154 and Section 36 of the Criminal Procedure Code who in case of a cognizable offence, can either investigate the case himself or direct any police officer subordinate to him to investigate the case. The said officer herein will have the same powers as an officer in charge of the police station in relation to that case.

Magistrate

Approach the corresponding magistrate, who under the provision of clause 3, Section 156 of the Criminal Procedure Code, 1973 or any second-class magistrate empowered by the chief judicial magistrate under clause 2, Section 190 of the Criminal Procedure Code, 1973 can check on the duties and actions performed by the police. The magistrate can take cognizance of an offense as are within his competence to inquire into or try when:

• They receive a complaint of facts which constitute such offense;
• Upon a police report of such facts;
• Upon information received from any person other than a police officer
• Upon his own knowledge, that such offence has been committed.

In case the Magistrate finds that the police has not performed its duty at all, or has not done it satisfactorily, he can issue a direction to the police to take necessary action and can monitor the same. After the completion of the investigation, the police officer has to submit the charge sheet without an unnecessary delay. No action or investigation by such police officer can be questioned on the ground that he was not empowered to do so in this regard.

A magistrate can even ask to re-open the case after the submission of the final report by the police.

Criminal complaint

A criminal complaint can also be filed under Section 200 of the Criminal Procedure Code,1973 which provides for an examination of the complainant and the witness upon oath. It is written and is signed by the complainant, witnesses, and by the Magistrate.

Human Rights Commission

A complaint can be filed with the State Human Rights Commission or the National Human Rights Commission (NHRC) about the inaction of the police for the complaint filed. The National Human Rights Commission provides a facility to register and monitor the progress of the complaint online to the injured. The complaint can be filed by filling your details, victim’s details, and incident’s details, violation of human rights or negligence in the prevention of such violations, by a public servant in the complaint registration form of the National Human Rights Commission. Complaints can be made anytime by calling on the mobile number of the Commission: +91 9810298900. To know more about the National Human Rights Commission click on this link provided.

Writ petition

If none of this is of help, a person can file a writ petition in high court under the provision of Section 482 of the Criminal Procedure Code, 1973.

Conclusion

Though the above-mentioned remedies are available to a person at all times if he discovers that no satisfactory action has been taken by the police in relation to his complaint, it was observed by the honorable Supreme Court of India in case of Sakiri Vasu vs State Of U.P. And Others, 2007 that the complainant should seek and exhaust the provisions for seeking remedy under Section 36 and Clause 3 of Section 154 of the Criminal Procedure Code, 1973 before the concerned police officers, and if that is of no avail, under clause 3 of Section 156 of the code before the magistrate or by filing a criminal complaint under Section 200 Criminal Procedure Code,1973 before filing a petition in the respective high court.

The Supreme Court discouraged the practice of filing a writ petition or a petition under Section 482 of the Criminal Procedure Code, 1973 directly in the high court for a complaint of failure to register an FIR or proper investigation of the case by the police.

References

1. https://indiankanoon.org/doc/445276/
2. https://blog.ipleaders.in/fir-police-complaint/
3. http://www.delhipolice.nic.in/citizen_services.html
4. https://archive.india.gov.in/citizen/lawnorder.php?id=2
5. https://indiankanoon.org/doc/171146908/
6. http://getup4change.org/rti/4425/information-on-progress-of-police-complaint/
7. http://59.180.234.21:8080/citizen/cmpSearch.htm?stov=551N-ZPV0-PPD8-Z0NM-FORN-5DHY-O1GO-XATH