Analysis of the catchword Free registration of FIR The very popular slogan Free Registration of FIR looks very attractive, and has a special appeal for many working in criminal justice system. It has its own pros and cons. Proponents of this catchword argue as under: 1- Prompt Registration of FIR is a relief to the complainant 2- FIR is not conviction ; it is merely First Information, allegation is to be proved during investigation. 3- If a person is innocent ; then he should not worry rather he should prove his innocence during investigation 4- No investigation or probe is necessary before FIR, it should be carried out after registration of FIR But in my humble opinion ,this catchword is dangerous and equivalent to injustice due to following reasons 1- FIR has got significance in the eyes of police, lawyers and courts, more than intended by law-makers 2- If registration of FIR be made free, it would create sense of insecurity among all; there would have been allegations and FIRs against ministers, judges, officers, traders and other respectable citizens just as pressure tactic. 3- If a person is innocent and there exists an FIR against him, he cannot sleep properly ,and his peace of mind is destroyed. He arranges lawyers for pre arrest bail . 4- He is dragged into agony of trial for no offence. 5- Workload for courts and police would be increased manyfold for no good output Pre- FIR probe should be allowed to police as intended by section 157 CrPC which has become obsolete in practice. Investigation before registration of FIR is according to commands of rule of prudence; and it should be restored. Otherwise false registration of FIRs would continue to give rise to injustices
Posted on: Mon, 01 Sep 2014 08:04:07 +0000
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