I. Registration of FIRs
One of the most serious, frequent and common grievances against the
police in India is the non-registration of the First Information Report.
The infamous Nithari incident, in 2007, once again brought forward the
fundamental issue of the police’s tendency not to register an offence. Nithari
was definitely not the sole incident; across the country it has been a common
experience that police is reluctant to register complaints. It is with the
registration of the FIRs that the entire process of the criminal justice system
comes into motion. However, the police is neither inclined nor willing to
do its job in most of the cases.
A. Reasons for Non-Registration
There are certain reasons why the police react in a certain manner and
why they are not agreeable to register complaints. The most significant
reason is the political angle of the issue. The anxiety of the political
executives in the State Government to keep the recorded crime figures low
so as to claim before the State Legislature, the public and the press that
crime is well controlled and is even going down as a result of ‘efficient’
police administration under their charge, percolates down. The police is
naturally then, obsessed by the fact that increase in crime figures would be
held against them and that they could be penalized for that. This attitude
permeates the entire hierarchy down the line and is reflected at the police
stations in their reluctance and refusal to register cases as and when crimes
are brought to their notice.
Power and money corrupt the entire process and that is the second most
important reason for the prevailing attitude of the policemen. There is
significant political interference and many a times when influential people
are involved in a particular case, the police personnel tend to take a way
out by not registering the case. They may go to the other extreme however,
when they make victims the accused and their aggressors are treated as
aggrieved wherever politicians and power brokers back the law breakers.
In many police stations registration of FIR is considered to be a favour
rather than a legal obligation. Consequently, there have been reported cases
of police charging payment for registering FIRs. Follow-up actions also,
many a times, entails an expenditure which a victim cannot afford;
especially in rural areas where the awareness is still less.
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Manual on Human Rights for Police Officers