No police officer can refuse to lodge a FIR, if an offence is reported. A First Information Report (FIR) is the very first step in a criminal matter (cognizable offence) , in which the facts of the crime are reported to the police by the victim or a person who is a witness to the case or a person who has a knowledge of the same act done by the accused. It is a legal document that sets the process of investigation in motion. Police often refuse to register an FIR mostly, as it would help them artificially reduce the crime rate in their station and achieve their targets.
Refusing to File an FIR can now Land the Policemen in Jail!
If the informant is a woman who is the victim of acid attack or some crime of sexual nature, then such information has to be recorded by a woman officer. Further, if such crime has left the woman temporarily or permanently physically or mentally disabled then such information has to be recorded at her house or any other place convenient to her. Wherever required, the information should be recorded in the presence of an interpreter or special educator and law also makes it mandatory to video graph the recording of information in such cases.
Know about the IPC Section 166A!
#Section 166A in The Indian Penal Code.
This specifies that
(a) any public servant knowingly disobeys laws which empowers him to take attendance of any person for the purpose of investigation.
(b) any public servant intentionally cause harm, injury to a person for the purpose of investigation even in the presence of a prescribed procedure or manner
(c) fails to record any information given to him under sub-section (1) of section 154 of the Code of Criminal Procedure, 1973 (2 of 1974), in relation of cognizable offence punishable under Section 326A, 326B, 354, 354B, 370, 370A, 376, 376A, 376B, 376C, 376D, 376E 509.
The said public servant shall be punished with rigorous imprisonment for a term which shall not be less than 6 months and may extend upto 2 years and shall be liable to fine.
