What to Do If Police Is not Lodging an FIR | 22A 22B

What to Do If Police Is not Lodging an FIR | 22A 22B

A first information report (FIR) is a document prepared by police department in Pakistan when they receive information about the commission of a cognizable offence.

Section:
154 CrPC deals with FIR

It is generally a complaint lodged with the police by the victim of a cognizable offence or
by someone on his/her behalf. Anyone can report the commission of a cognizable offence
either orally or in writing to the police. Even a telephonic message can be treated as an
FIR.
It is a duty of police to register FIR without any delay or excuses. Non-registration of FIR
is an offence and can be a ground for disciplinary action against the concerned police

For a non-cognizable offence police has to get warrant of arrest from court.

Cognizable Offence:
A cognizable offence is one in which the police may arrest a person without warrant.
They are authorized to start investigation into a cognizable case on their own and do not
require any orders from the court to do so.
Non-cognizable Offence:
A non-cognizable offence is an offence in which a police officer has no authority to arrest
without warrant. The police cannot investigate such an offence without the court’s

Each FIR is important as it sets the process of criminal justice in motion. It is only after the FIR is registered in the police station that the police take up investigation of most types of cases. Anyone who knows about the commission of a cognizable offence, including police officers, can file an FIR

As described in law:

When information about the commission of a cognizable offence is given orally, the police must write it down.
The complainant or supplier of the information has a right to demand that the information recorded by the police be read to him or her.
Once the information has been recorded by the police, it must be signed by the person giving the information.
The complainant can get a free copy of an FIR.
Ingredients of FIR:
1. FIR number
2. Police station where registered
3. District/town
4. Date and time of the incident reported
5. Date and time of the report made to police
6. Name and address of the reporting person
7.Summary of the case, applicable section of the Pakistan Penal Code, and listing of any lost items
8. Place of the incident and distance from the police station
9. Investigation officer and details of delay (if any)
10.Signature of the reporting person
11.Signature of the duty officer.

What should you mention in the FIR?
1. Your name and address;
2. Date, Time and Location of the incident you are reporting;
3. The true facts of the incident as they occurred, including the use of weapons, if
any;
4. Names and description of the persons involved in the incident;
5. Names and addresses of witnesses, if any.

Remedies in case of non registration of FIR:
Setting criminal law into motion or, in legal terms, registering an FIR in Pakistan is a daunting task, especially for the poor who have meagre resources.
Here is some remedies or tools by using them you can successfully be abled to lodge your FIR.

1. You can meet the District Police Officer (DPO) or Capital City Police Officer
(CCPO) or other higher officers like Deputy Inspector General (DIG) of police
and Provincial Police Officer (PPO) and bring your complaint to their notice.
2. You can send your complaint in writing and by post to the DPO, CCPO, DIG or
PPO concerned. If the DPO, CCPO, DIG or PPO is satisfied with your complaint,
he shall order the registration of FIR.
3. You can file a complaint to the District Public Safety and Police Complaints
Authority in your district.
4. You can file a private complaint before the court of Mejistrate U/s 200 CrPC.
5.You can file a writ petition U/s 22A-22B before sessions judge of district.
Punishment of lodging false FIR
Section 182 of the Pakistan Penal Code provides for a maximum penalty of six months in prison or fine or both in case a person deliberately has a false case registered. The section is however non-cognizable, i.e. the police cannot automatically register a case under section 182. A court has to order police to proceed against a person under section 182; in case a complaint has been brought to the court by the police or another person.

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