The Ministry of Home Affairs has issued an advisory to the States and Union Territories, mentioning that failure on the part of Police Officers to register a FIR on receipt of information about the cognizable offense will invite prosecution. The officer can be prosecuted for an offense under section 166A of the Indian Penal Code or departmental action or both.

Citing Supreme Court judgments, the home ministry advisory said “the police shall register a FIR upon receipt of information of the commission of a cognizable offense. Further, if after registration of FIR, upon investigation, it is found that the subject matter relates to the jurisdiction of some other police station, the FIR may be appropriately transferred to the police station in which the case falls. Moreover, if at the time of registration of FIR, it becomes apparent that the crime was committed outside the jurisdiction of the police station, the police should be appropriately instructed to register a ‘Zero’ FIR, ensure that the FIR is transferred to the concerned police station u/s 170 of the Cr.P.C. It should be clearly stated that the delay in the determination of the jurisdiction leads to avoidable wastage of time which impacts on the victim and also leads to offenders getting an opportunity to slip from the clutches of the law.

It should be clearly instructed that failure to comply with the instruction of registering a FIR on receipt of information about the cognizable offense will invite prosecution of the police officer u/s166A of the IPC for an offense specified u/s166A or departmental action or both.”

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The home ministry said there should be clear instruction by the state governments that the delay over the determination of the jurisdiction leads to avoidable wastage of time which impacts the victim and also leads to offenders getting an opportunity to slip from the clutches of law and that should be stopped.

The Advisory is available to download here.

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