Poluce can file FIR without orders from magistrate
2) since your wife has complained of dowry harassment police can file FIR against you
False 498a case Dowry Prohibition Act 1961 (u/s 3,4), IPC 1860 (u/s 34, 498a)
Dear Learned Counsels, I need your valuable inputs on the below matter. In Nov 2019, my wife went to police station with the complaint of harassment for Dowry (not actual dowry), Sexual Harassment etc. against me and my family members. I know the fact that she wanted to bring the police to my residence to create a scene and hence she may have just given these statements and had no intention or was not prepared to file an FIR in Nov 2019. Police had then created an NCR on the same day without any notice to us about the complaint nor any interactions with me or my family members. My wife has been to atleast 4 different police stations and tried the same thing. Once in Mar 2020, she filed a complaint/application in a women police station and they issued a notice to me to appear for an inquiry. In the notice she got in writing from the women police station that she will show my residence address to the police who was supposed to deliver the notice. She indeed came along with the policeman and kicked our door, used foul language to create a scene in our apartment and the policeman did not take any disciplinary measures at all. We caught these things in the cctv and filed a petition against her and the policeman with commissioner of police in Mar 2020. The petition was unattended by the police and then we sent a reminder to commissioner of police after 3 months asking for an update. Then within two weeks i.e. 1st Jul 2020 the local police against whom the petition was submitted had filed an FIR under CrPC 154 for DOWRY PROHIBITION ACT, 1961 (U/s-3,4); IPC 1860 (U/s-34,498A) The time difference of NCR in Nov 2019 and FIR in Jul 2020 becomes 8 months. My question is whether a police officer of the police station who has turned the complaint into NCR can later do the FIR a) without any orders from the Judicial Magistrate as described under CRPC 155 (2) b) because the complaint in writing were different or due to additional information though false in July 2020 when compared to previously in Nov 2019.
Asked 5 years ago in Family Law
Religion: Hindu
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12 Answers
Whenever police think a cognizable offence has committed or at least there is sufficient reason to believe this, police can register FIR.
Filing FIR is a process of law. You will get every opportunity to prove yourself innocent or the allegations are false.
Filing false allegations with intent to cause injury or harm is an offence . In such case you can file complaint to magistrate seeking punishment to the accused.
Hi, The police has registered the FIR against you, now you have no other options, first you have to approach Hon'ble District & Session Judge for for Anticipatory Bail and get the anticipatory bail and thereafter, you can file a Petition in the Hon'ble High Court of Karnataka for quashing the FIR, in the above Petition you can urge all your contention.
Dear Ajay Sethi Sir, Thanks for the quick response! I would like to add more info and clarity and ask a similar question. The crime dates/incidents reported are in FIR are from Feb 2019 Until Sep 2019 and the NCR is dated Nov 2019. I am my wife had not been living together since Sep 2019 nor we had any contacts or communications. Hence there should not be any opportunities of she changing content of complaint for FIR in Jul 2020. In the compaint in Nov 2019, my wife has alleged me and my family members about arassment for Dowry (not actual dowry), Sexual Harassment etc. However in the NCR police has mentioned that "I and family members used to quarrel with my wife for silly reasons and due to incompatibility and hence my wife has requested the police to call me to the police station to give me appropriate guidance." Whether a Police who turned the complaint as Non Cognizable in Nov 2019 can turn it to FIR as Cognizable after 8 months for the incidents prior to the date of NCR.
Asked 5 years ago
Hi, you can take all these advantages in Petition filed under section 482 of the Cr.p.c in the High Court.
In her written complaint wife had mentioned about harassment for dowry , sexual harassment
on basis of said complaint police can file FIR as it disclosed commission of cognizable offence
There is no bar in law to register FIR once an FIR was not registered earlier for such allegation. However this can be a point of argument in court and prosecution to satisfy the court.
It can only turn it into FIR by filing a fresh FIR on the incidents of the above offences
A. Yes, the police officer can turn NCR in to the FIR. There is no need to get order from the magistrate to file an FIR. Mere filing of an FIR means submitting and grievance of a complainant to a state. Even there is a difference of 8 months in filling of FIR the person ( complainant) has to establish the continuance of an offence.
If the police has registered a complaint as non cognizable offence in Nov. 2019 then they can not registered a complaint into cognizable one. As the mere punishable sections under the FIR needs to be considered and the same can be changed only after getting order from the magistrate.
NCR remains in the records of the police station, it is not sent to the court. Police also do not investigate for it.
FIR is a written document prepared by police after receiving information about some cognizable offence. This information is often registered as a complaint by the person who is the victim of such a crime.
In most of the cases the police do not file an FIR right after getting the complaint. The complaint is investigated in most of the cases in order to know the authenticity of the complaint.
NCR means a Non-Cognizable Report. This is exactly opposite to the FIR. The Police have no powers to investigate such complaint. Such complaints are mainly of abuse, threats, assault with hands/kicks, pushing, causing simple hurt etc. The Police will simply record such complaint in NC Register and ask the complainant to approach appropriate Court for redress of his grievance. At the most, however, if the person complained against is causing such petty offences frequently or the peace in the locality is likely to be disturbed or may result into a cognizable crime, the police may summon such person and warn him for refraining from such acts. This is first step to prevent a cognizable crime. If there are repeated NCRs from same persons or counter NCRs, then the Police may initiate preventive action under Police Act which are popularly known as Chapter proceedings. The ACP or DySP of the concerned Division has powers to conduct the proceedings.
a) The orders from judicial magistrate is not necessary to register the FIR if the offence is cognizable.
b) The complaint given during July 2020 may be considered as fresh complaint on the basis of which the police might have registered ther FIR.
The question is not about living together.
The commission of offence can be attributed even if you both were living separately because it is a continuing offence.
The police would have changed the records and might have stated that she has given a fresh complaint either in written or orally, hence the FIR has been registered.
You may obtain a copy of the FIR and verify the contents in it and if necessary you may even file a quash petition before high court to quash the FIR owing to the false contents in the FIR.
1. Based on the same complaint the NCR can not be converted to FIR after 8 months with out any Court order or any additional complaint. The said FIR can be challenged fittingly before the Court. You can file a Quash Petition before the high court on this issue.
2. The FIR can be registered based on a fresh complaint and/or any fresh information received in connection with the earlier complaint.
1. What has been mentioned in the FIR as your alleged crime? Based on which complaint the said FIR has been registered or converted?
2. Based on the same complaint which was considered as NCR by the police and without having received any fresh complaint or information, there is no ground based on which the NCR can be converted to FIR.