Again it is noticed that subordinate officers try to avoid registration of
cases by pointing out that the offence occurred in the jurisdiction of another
police station. As a result, a complainant has to run from pillar to post to
locate the particular police station and get the case registered. Under S.
154 Cr P C, it is stated that the officer-in-charge of a police station has to
register a case and draw up an FIR as soon as a complaint of cognizable
offence is made at the police station.3 There is no scope for non-registration
of cases under the pretext of jurisdictional controversy. Doing so would
then amount nothing less than denying the persons, seeking redressal, their
basic human right.
There is another reason specially in the rural set ups, wherein disputes to
be registered have a significant social implication - the caste-based
repercussions — and the police men fear that any action on their part,
including registration of complaints, would trigger off major upheavals. It
is particularly true for cases wherein the village panchayats take certain
decisions which itself may be inhumane and the police would be required
to take a stern action against the culprits. They prefer to play it safe to
maintain peace and tranquility in that particular circle/area. Another reason
why the police inspectors resist registration of offence and further action
is due to the fear that that occurrence of such incidents (eg thefts, robberies
etc) in his area would imply that he had failed in his duties and that a stern
disciplinary action could be taken against him.
The superiors in the police force can play a significant role here, by taking
a lead and motivating the juniors to be fair and impartial in their duties.
They need to ensure that disciplinary action is taken in case of every instance
of failure to perform duties and attempts to hush up cases. All policemen
need to be made clear that failure to discharge their duties and not taking
right action implies, not only breach of human rights but violating certain
laws as well.
There are other important factors too, for police being in a denial mode
most of the time, like heavy work load and inadequate staff. Existing
investigators already overworked, avoid taking up additional cases and
shun responsibility.
3
The Fourth Report of the National Police Commission recommended an important
amendment to Section 154 Cr.P.C to make it incumbent on a police station to register an
FIR whether or not the crime has taken place in its jurisdiction and then transfer the FIR to
the concerned police station, if necessary.
Manual on Human Rights for Police Officers
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