This article is written by Advocate Pranav. He practices law primarily in the courts of Haryana, Punjab and Delhi. We would be delighted to have your feedback on the article at our email nyayconnection@gmail.com or at whatsapp number 9991189110.
Investigation into a criminal case starts only after the registration of an FIR. Police cannot investigate a case until and unless an FIR is lodged in the matter. But it is often seen that police refuse to register FIR even if it is mandatory as per law.
It is important to understand that FIR can only be lodged in a criminal offence and not in civil offences. It is further important to know that police do not have the power to lodge FIR in all criminal cases. FIR can be lodged in only those offences which are prescribed as ‘cognizable offences’ under the law. The offences which are ‘non-cognizable’ are dealt by way of a complaint case in the court of law.
The difference between a cognizable offence and a non-cognizable one is the seriousness and gravity of the offence. Every single criminal offence in law is described either as cognizable or non-cognizable. Whereas offences like murder, rape, cheating, robbery, dacoity, theft etc. are cognizable in nature, offences like defamation, forgery, mischief, causing hurt are less serious in nature and hence non-cognizable.
Under the Indian law, it is mandatory for the police to register an FIR in cognizable offences. But what if police still refuses to do the same. What are the other available options to get the FIR lodged. Watch this video to know more and do subscribe to our youtube channel to stay legally informed :
