Cops may face punishment for not registering FIRs
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Posted By Blogger to What they say about Indian Police at 6/11/2013 07:15:00 PM
Vishwa Mohan, TNN Dec 30, 2009, 03.28am IST
NEW DELHI: The Centre plans to build in checks and balances in its proposal to prod states to ensure the police registers all complaints as FIRs by proposing punitive action against cops who fail to register cases as well as deterrents for false cases intended to harass innocents.
Apart from amendments to the existing laws, Centre is also considering proposals like e-registration of FIRs through public kiosks to encourage transparency and better access to the police system.
Apart from amendments to the existing laws, Centre is also considering proposals like e-registration of FIRs through public kiosks to encourage transparency and better access to the police system.
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Cops who fail to register an FIR after receiving a complaint may even face imprisonment with the government mulling stringent measures. At present an official can be suspended for dereliction of duty but a measure specific to registration of FIRs might be considered. The need for such penalties has also figured in PMO discussions on police reforms.
Some experts feel changes might be needed in the IPC itself. In the case of the Scheduled Castes and Scheduled Tribes (Prevention) of Atrocities Act, a police official who "wilfully" neglects his duty in registering a case can face between six months to a year in prison.
Elaborating the Centre's proposals, a senior home ministry official said, "The idea is to ensure all complaints are treated as FIRs by cops if someone approaches them with information of a crime."
Keeping in mind the possibility of motivated complaints and score-settling, the government is planning to amend the law to punish such offenders. "Besides contemplating changes in CrPC to act against erring cops, the government is also mulling the option of making more stringent the existing provision for deliberately making false and fabricated complaints to harass somebody," the official said.
Though the existing law under Section 154 of the CrPC makes it mandatory for cops to register an FIR, the absence of "stringent punitive action" fails to ensure its implementation. The cop who fails to register an FIR currently only faces action under departmental misconduct, which may even mean dismissal but hardly ever does. However, there is no provision of putting such cops behind bars in cases of non-registration.
Former Haryana Police chief B R Lall agreed. He said: "More stringent punishment will ensure implementation of Section 154 of the CrPC. Non-registration of an FIR by a policeman is a sin. Whosoever fails to register an FIR should certainly be punished severely."
Lall, who himself presented a detailed paper on compulsory registration of FIR during the All India Police Science Congress a decade ago, said the proposed amendment would certainly act as a deterrent.
Besides the amendment in the CrPC, the government is also mulling an option of bringing changes in IPC by inserting a clause of more stringent action so that people do not file false and fabricated complaints. At present, Section 182 and 211 of the IPC deal with this aspect. While Section 182 provides for jail term of six months in case of "false information", Section 211 talks about imprisonment upto two years in case of "false charge of offence made with intent to inure".
An official said: "More stringent punishment under these two sections will deter people to lodge any false complaint. As a result, only genuine complainants will come to police."
Some experts feel changes might be needed in the IPC itself. In the case of the Scheduled Castes and Scheduled Tribes (Prevention) of Atrocities Act, a police official who "wilfully" neglects his duty in registering a case can face between six months to a year in prison.
Elaborating the Centre's proposals, a senior home ministry official said, "The idea is to ensure all complaints are treated as FIRs by cops if someone approaches them with information of a crime."
Keeping in mind the possibility of motivated complaints and score-settling, the government is planning to amend the law to punish such offenders. "Besides contemplating changes in CrPC to act against erring cops, the government is also mulling the option of making more stringent the existing provision for deliberately making false and fabricated complaints to harass somebody," the official said.
Though the existing law under Section 154 of the CrPC makes it mandatory for cops to register an FIR, the absence of "stringent punitive action" fails to ensure its implementation. The cop who fails to register an FIR currently only faces action under departmental misconduct, which may even mean dismissal but hardly ever does. However, there is no provision of putting such cops behind bars in cases of non-registration.
Former Haryana Police chief B R Lall agreed. He said: "More stringent punishment will ensure implementation of Section 154 of the CrPC. Non-registration of an FIR by a policeman is a sin. Whosoever fails to register an FIR should certainly be punished severely."
Lall, who himself presented a detailed paper on compulsory registration of FIR during the All India Police Science Congress a decade ago, said the proposed amendment would certainly act as a deterrent.
Besides the amendment in the CrPC, the government is also mulling an option of bringing changes in IPC by inserting a clause of more stringent action so that people do not file false and fabricated complaints. At present, Section 182 and 211 of the IPC deal with this aspect. While Section 182 provides for jail term of six months in case of "false information", Section 211 talks about imprisonment upto two years in case of "false charge of offence made with intent to inure".
An official said: "More stringent punishment under these two sections will deter people to lodge any false complaint. As a result, only genuine complainants will come to police."
He, however, admits that merely changes in law will not ensure that this system works effectively. "We are, therefore, also planning to introduce the system of filing e-registration of FIRs across the country taking all the states and Union Territories (UTs) on board."
Welcoming the move, retired IPS officer Kiran Bedi said: "Helping people to register crime is also important. We certainly need to finally include e-complaints as accepted FIRs".
Bedi, as the then chief of Bureau of Police Research and Development (BPR&D), had also recommended the concept of e-registration of FIRs to the home ministry three years ago.
Taking a cue from the recommendations, including one made by the second Administrative Reforms Commission (ARC), the home ministry will ask the states to explore this option. The ARC, in its fifth report, has recommended setting up outposts (kiosks) and also "call centres" to facilitate lodging of complaints.QnA: Will this case set a strong precedence in the trial of rape cases in India?
Welcoming the move, retired IPS officer Kiran Bedi said: "Helping people to register crime is also important. We certainly need to finally include e-complaints as accepted FIRs".
Bedi, as the then chief of Bureau of Police Research and Development (BPR&D), had also recommended the concept of e-registration of FIRs to the home ministry three years ago.
Taking a cue from the recommendations, including one made by the second Administrative Reforms Commission (ARC), the home ministry will ask the states to explore this option. The ARC, in its fifth report, has recommended setting up outposts (kiosks) and also "call centres" to facilitate lodging of complaints.QnA: Will this case set a strong precedence in the trial of rape cases in India?
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Posted By Blogger to What they say about Indian Police at 6/11/2013 07:15:00 PM
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