The Chapters 2 and 3 of the Manual have discussed the topic further in
terms of guidelines and directions by the Judiciary and NHRC respectively.
D. Review
The police system on its part has made sincere efforts for removing this
malpractice of not- registering FIRs. This can be gauged by the examples
in Uttar Pradesh in 1961, 1962, 1970 and 1971 and in Delhi in 1970 when
the State Government and the Union Territory administration and the
Chiefs of Police at that time took a bold and realistic stand in this matter
and started a drive for free registration of crimes. The police stations readily
responded to this lead given from the top with the result the recorded
crime figures showed a big leap and reflected the real crime situation more
accurately. For example, the total cognizable crime registered in Delhi in
1970 marked an increase of 81% over the figures of 1969 while the increase
under the head ‘robbery’ was as high as 725%!5
A very encouraging and professional trend has been adopted by the
Delhi Police recently, which can be replicated in other states. The FIR of all
the cases registered in various Police Stations in Delhi, except those
categorized as “Sensitive” by the concerned Addl. CP/DCP District, are
being uploaded on the website within 24 hours, in compliance of the order
dated 6.12.2010 of the Hon’ble Delhi High Court in Writ Petition No (Crl.)
468/2010 and a copy of FIR is also provided to the accused persons.
The model Police Act drafted by the Soli Sorabjee Committee (October,
2006), punishes a police officer, who “without lawful reason, fails to register
a First Information Report” with imprisonment for a term which may
extend to three months or with fine or both. The draft is at present under
the consideration of the Parliament.
The Police leadership needs to take a strong initiative and monitor the
registration of FIRs personally. Taking action against policemen who fail
to take appropriate action would help in bringing about a change in attitude
and would lead to more professionalism on the part of the police force.
II. Arrest and Detention
Law empowers the police to arrest people and to use reasonable force for
doing so if it becomes necessary. The police arrest a large number of people
5
Fourth Report of the National Police Commission
Manual on Human Rights for Police Officers
21