Cognizable and Non cognizable offence: Majority of us have faced a Police Officer reluctant to register our First information report. It all depends on the facts and circumstances of the case, whether your legal rights are violated or not.
Remedy for non-cognizable offence
A Police officer is required to maintain two registers. One for cognizable offence while other for non-cognizable ones. Under Section 2 of CrPC, a complaint can be both oral or written. If it’s oral, the SHO has to note it.
Then the officer will check whether it’s related to cognizable or non-cognizable offence. In the former, Police can arrest without warrant while in later it can’t. In case of non-cognizable offence, Section 155(1) of CrPC mandates SHO has to compulsorily refer the informant to the Magistrate.
Remedy for cognizable offence
If the it is of cognizable nature, then Sections 154(1) and 155 of CrPC makes it compulsory for SHO to register the complaint. He can deny only on the ground of jurisdiction. Even when Jurisdiction is not there, SHO has to register a zero FIR and then refer the case to the concerned jurisdiction.
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In case the SHO refuses, you can directly approach the SP or even Commissioner as prescribed for in Section 154(3) of CrPC. If they refuse, Section 156(3) of CrPC empowers you to approach a Judicial Magistrate of First Class. If the magistrate is satisfied that the offence is cognizable one, then it will become mandatory for the Police Officer to submit the investigation report under Section 173 of CrPC.
In case all aforementioned remedies fail, you can approach the respective High Court under Section 482 CrPC. Failure of this remedy leaves you with the option of writ of mandamus in upper judiciary.
The respective Courts will order concerned officers to do the due diligence.
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