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What to do as per Bharatiya Nagarik Suraksha Sanhita (BNSS) when police refuses to Lodge an FIR? | New criminal laws

Updated: Feb 20

Introduction:


The First Information Report (FIR) is the gateway to a criminal proceedings, marking the initiation of the legal process. But there are situations where people might encounter difficulties in persuading the police to record an FIR, despite a legitimate complaint. It is crucial to be acquainted with legal remedies and statutes empowering citizens to uphold justice in such situations.


Relevant Legal Provisions:


1. Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS):


This section mandates that every police officer must document information related to a cognizable offense and register an FIR. In cases of refusal, individuals can assert their right to have their complaint officially recorded.



3. Article 21 of the Constitution of India:


The right to life and personal liberty, a fundamental constitutional right, may be perceived as violated if an FIR is not registered. Citizens can approach the courts to address this violation.


Steps to Take:


1. Submitting Complaint:


As per Section 175(1) Proviso of BNSS, submit a complaint to the Superintendent of Police (SP) outlining the incident and justifying the necessity of an FIR. This record can serve as evidence of the effort made to seek legal recourse.


2. Approach the Judicial Magistrate:


In cases of continued non-cooperation, individuals can approach the Judicial Magistrate with jurisdiction under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The Magistrate can then direct the police to register the FIR and initiate an investigation.


3. Writ Petition in High Court:


In situations of persistent resistance, individuals can file a writ petition in the respective High Court under Article 226 of the Constitution, seeking a directive for the police to register the FIR.


4. Human Rights Commission Complaint: If the matter involves human rights violations, individuals can approach the State Human Rights Commission or the National Human Rights Commission, requesting intervention.


Conclusion:


While the police bear the responsibility of maintaining law and order, citizens possess the right to pursue justice through established legal channels. By knowing the relevant legal provisions, individuals can uphold their rights if FIR is not recorded in their case.


What to do as per Bharatiya Nagarik Suraksha Sanhita (BNSS) when police refuses to Lodge an FIR? | New criminal laws

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