The work of any Judiciary body is providing JUSTICE, courts are expected to provide justice to the victim and punishment to the offender. There are many provisions for the welfare of the people who are aggrieved by some criminal acts. In India, there are two types of crimes that take place,
- One which is committed, and
- one which is not commiteed.
If we talk about the offences committed then we know there are many remedies provided to the aggrieved person and punishment to the wrongdoer.
Some of the provisions which relate to the aggrieved person through which he can get justice if we talk about criminal act then the aggrieved person can do the following,
- Seeking help from the Police, registering the FIR in the police station,
Seeking help from the Police, registering the FIR in the police station
As we know, where there is a crime there is a long process to get the offender behind the bars. The initial step is that by seeking help from the police and registering an FIR. Under Section 154 of the Code of Criminal Procedure, 1973 provisions are mentioned for the registration of an FIR. FIR can be registered for cognizable offences. Every informant to commission a cognizable offence to the p[olice officer shall be reduced into writing. And if oral then it is the duty of the police officer to reduce that information into writing and also read the FIR to the informant and make it signed by him.
There are some special provisions related to the crimes against women. Like if the information is given against women shall be reduced into writing by a lady police officer only. Offences under section 326A, 326B. 354, 354A, 354B, 354C, 354D, 376, 376A, 376B, AND MANY MORE OF Indian Penal Code, 1860.
Thus we can say that there are few more provisions regarding the upliftment of women and lessening the rate of crime against women. And there are some more favourable provisions for the persons,
- Who is temporarily or permanently disable,
- Physically disable
Then Police officers need to record the information, at the residence of that person seeking to report such offence or at the convenient place decided by such persons. If required they may have an interpreter or a special educator, for any case.
While the police officer records the Information that should also be video graphed, this provision is provided under section 154(1) (b)
What if a Police officer does not write your report of a cognizable offence? WHERE TO GO?
Yes, there are possibilities that the police officer does not allow or write your cognizable offence report. This happened in the case of Lalita Kumari vs Govt. Of U.P.& Ors on 12 November 2013
In which it was held by the court that it is mandatory to register an FIR if there is a cognizable offence.
Now many would say that before reducing FIR there should be a preliminary inquiry. But in this case, the court stated that there is no need to do any preliminary inquiry before writing an FIR, EXCEPT IN THE FOLLOWING CASES,
- Family Dispute,
- Commercial Offence,
- Medical Negligence case,
- Corruption case, and
- Abnormal delay in initating criminal prosecution.
In the case of Joginder Kumar vs State Of U.P on 25 April 1994 AIR 1349, 1994 SCC (4) 260
The court held that a Police officer can be punished under section 166 of the Indian Penal Code, 1860 for misusing his powers of arrest. Thus loading an FIR without preliminary inquiry does not intend to violate Article 21.
You can check the judgment of the above two mentioned cases at
Now in case there is any commission of cognizable nature and a police officer is not registering an FIR, then under section 154(3), the informant can write down the whole story of commission of the cognizable offence as referred in subsection 1 of section 154 and may send the substance of such information to the Superintendent of Police concerned by post.
Superintendent of Police have the following rights,
1. He can take an action according to the letter
2. He can also reject the information.
If he assumed that the offence described is of cognizable nature then he may direct an investigation o the concerned police officer and ask to reduce the information into writing, and start the preliminary inquiry. There is no as such foundation on the Superintendent of police to give the assent for the inquiry of the complaint mentioned under section 154(3). Thus if he deemed fit to reject the complaint then he can do that.
Power of Magistrate.
As discussed above the two procedures to registered an FIR or any cognizable offence. Now we shall talk about the third option having with the informant to registered his information of commission of a cognizable offence. The third option lies with the hand of the Magistrate. If the informant has sufficient evidence and witnesses to prove his fact of an offence of cognizable nature and the above-mentioned authorities are not giving due consideration then the informant can directly plea to the magistrate of first-class under section 200 of Criminal Procedure Code, 1973.
Section 200 of CrPC, 1973
Section 200 of CrPC, 1973 stated the provisions regarding Complaint or Examination of the complainant. this is altogether a different process. This section reads as,
Examination of the complainant. A Magistrate taking cognizance of an offence on the complaint shall examine upon oath the complainant and the witnesses present if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the Magistrate: Provided that, when the complaint is made in writing, the Magistrate need not examine the complainant and the witnesses-
a. if a public servant acting or- purporting to act in the discharge of his official duties or a Court has made the complaint; or
b. if the Magistrate makes over the case for inquiry or trial to another Magistrate under section 192: Provided further that if the Magistrate makes over the case to another Magistrate under section 192 after examining the complainant and the witnesses, the latter Magistrate need not re-examine them.
Under this section, the complainant can complain to the magistrate regarding the offence of cognizable or non-cognizable nature. Provided that he shall have all the proof to establish his case before the court. The magistrate can take cognizance of an offence on the complaint and that complaint shall be examined on oath of the complainant and the witnesses. Those complainants shall also be reduced in writing and signed by the complainant and witnesses. Here magistrate is also needed to sign the complainant.
The point is that the complainant shall have all the evidence and witnesses to prove his case before the court and if he fails to do so then the magistrate may reject the complaint before examining under section 200 and in case of court allow the complainant to proceed then the court can reject the complaint at any time under section 203 of CrPC, 1973 Qor issue of process under section 204 CrPC, 1973 if he thinks fir.
In today’s world, there is a high crime rate, and if we talk about the general people, they might be not knowing the procedure established by law regarding registering an FIR or Complainant. Thus if we talk about CrPC, 1973 there are many provisions that can help the aggrieved person to get the relief and offender behind the bars. such provisions are sections 154, 200, etc of CrPC, 1973. As I have discussed above.