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Source: The post is based on the article “Wrestlers in SC against Delhi Police: What the law says about filing of FIR in sexual harassment cases” published in the Indian Express on 28th April 2023.
News: The wrestlers submitted the complaints to the Delhi police, but no FIR was filed. Following which they approached the court. The Supreme Court recently issued notice to Delhi Police on a petition filed by wrestlers seeking an FIR against Wrestling Federation of India (WFI) president and an MP on allegations of sexual harassment.
What the law says about filing of FIR in sexual harassment cases?
Sections pertaining to sexual harassment and sexual assault of the Indian Penal Code fall within the category of cognizable offences.
About Criminal Law (Amendment) Act: Justice J S Verma Committee or Report of the Committee on Amendments to Criminal Law recommended insertion of a section where if an officer-in-charge of a police station refuses ‘or without reasonable cause’ fails to record information related to a cognizable offence, he shall be punished.
Based on the committee’s recommendation, section 166A was inserted in the Criminal Law (Amendment) Act, 2013. The section states that if a public servant knowingly disobeys any direction of law including failing to record any information given to him in relation to a cognizable offence, rigorous imprisonment for a term of minimum six months and maximum two years can be given, and he shall also be liable to paying a fine.
About POCSO Act: The POCSO Act mandates reporting of sexual offences against children. Section 19 of the Act states that any person who has an apprehension that an offence under POCSO Act has been committed shall provide such information to the Special Juvenile Police Unit or the local police. The section also requires the registration of an FIR. The Act also makes it mandatory for a report to be filed on receiving a complaint, including from a child.
Other provisions: The law also has provision for the registration of a ‘Zero FIR’, where even if the alleged offence has not been committed within the jurisdiction of the police station approached, the police can file an FIR and transfer it to the police station concerned.
What are the remedies available if police refuse to file an FIR?
A person can send the information to the Superintendent of Police. The SP shall either investigate the case herself or direct for a probe by any police officer subordinate to her.
A complaint can be made before a magistrate. The magistrate court can then order registration of a case at the police station. The complaint before the magistrate would be treated as an FIR and the police can initiate its investigation.
About the previous case on filing of FIR
SC in Lalita Kumari vs Govt of UP and ors case, 2013, analysed whether the police officer is bound to file an FIR for information received of a cognizable offence or does the officer have the power to conduct a ‘preliminary inquiry’ to test the veracity of the information before registering an FIR. In this the court held that an FIR under section 154 CrPC is mandatory if information of a cognizable offence is received.
The court also said that the only scope of preliminary inquiry is to ascertain whether the information reveals any cognizable offence or not. The court said that an inquiry should not exceed seven days.
