Reform & Digitize The FIR Procedure


Mujeeb Ali Samo
There is a maxim that law protects the vigilant not the indolent. So it is beyond any doubt that you can not protect yourself until and unless you know the law. This is the fact that the society where we live is very cruel. It has no concern for the vulnerable, helpless, less aware, and powerless. One is to stand steady to safeguard his\her rights from violation. Since its inception, humanity has faced umpteen violations and deprivation of fundamental rights. Their voices were compressed and made inaudible to the gallows of justice. The history is replete with such events where the might has always posed injustice
and inequality. Such imbalanced events had set the precedents of brutality in existing and for the next generation. When I peep into the pages of human history I learn that inequality and imbalanced system of justice had existed for centuries. It is not new to us that we are haunted. But, later on, such a rotten system was reformed after the advent of Islam. The last prophet Muhammad saw championed the balanced society where all human beings were treated with just. The justice system of the last prophet Muhammad saw was the best model for the rest of humanity. In this modern era, we have drifted from
attaining speedy, cheap, and weighty justice. It is all happening with us because we have not upgraded the system with modern trends and tools. Take a simple example of lodging the FIR. We find various issues when we seek the concerned police officer to lodge FIR in his favour and against the culprit. The aggrieved meets with unusual replies from the officer incharge of the police. So here I elucidate different solutions on how to get justice and say no to illogical responses. Now, this is high time that we are to revamp the failure system of our society. This draws your attention to serious issues most
often faced by the victims of any crime. The aggrieved person when goes for lodging the FIR at the nearest police station, the police officials refuse to lodge the complaint/FIR until and unless they are not offered some money as a bribe or are given reference of either the minister or local influential person.
The poor victims suffer a lot because they are indigent with no reference or the money to pay for lodging the FIR. I often meet with such aggrieved persons who share their sufferings. According to them, the police give deaf ear when they request them for lodging FIR though they are victims of aggression and crime. The police show insular behavior with the weak and poor person but when any influential or affluent person comes, who pays the money as demanded, then even the fake FIR is lodged without delay. This injustice is practiced by the police everywhere across Sindh. The oath, which taken by the
police officer before joining the department, is that he shall serve the people fairly and shall fearlessly stand against the oppressor. His duty charter is to safeguard the people at any cost, but after joining, he acts contrary in violation of oath. There are certain sections of the law purported in P.P.C and Cr.P.C books which enable the individual to seek the remedy under such given parameters. The victim is empowered to seek the remedy through the court. The justice of the peace can redress the aggrieved party. When [he] aggrieved approaches the premises of justice of the peace, the ex-officio, (a District
Judge). The justice of the peace was conferred an additional role through the promulgation of the Criminal Procedure (Third Amendment) Ordinance. This role was in respect of entertaining complaints and issuance of appropriate directions to the concerned police authorities regarding registration of criminal cases and in respect of neglect, failure or excess committed by the police authorities in relation to its functions and duties. Hence, there is provision prescribed in the section 22-A Cr.P.C to file an FIR with the direction of the Justice of Peace. The object of Section 22-A Cr.P.C. is that if a grievance is
voiced with regard to non-registration of FIR in a cognizable offense, Justice of the Peace in terms of the said section can only direct/suggest as to whether in the terms of Section 154, Cr.P.C the S.H.O. had acted legally or illegally. Similarly, Section 22-A Cr.P.C. is to provide a responsible forum at the doorstep of the citizens for rescue against unlawful declines relating to registration of cases in cognizable offenses. The simple purport of the complaint section lies in the Cr.P.C book. The compliant defined under section 4(h ) Cr.P.C 1898 is “Complaint” means the allegation made orally or in writing to the magistrate, with a view to his taking action under this code, that some person whether known or
unknown has committed an offense, but it does not include the report of the police. There is a classification of FIR in the law. The classes of FIR are three in number: They are ‘A’ class, ‘B’ class, and ‘C’ class. The scope of the ‘A’ class is true but the accused person is untraced, where there is no clue whatsoever about the culprits or property, or where the accused is known but there is no evidence to justify his being sent up to the magistrate for trial. ‘B’ class FIR is maliciously false. Where there is no prima facie case against the accused. It is applicable when false or frivolous cases are filed. ‘C’ class FIR can be disposed of being non-cognizable. FIR classes are very important for an individual to know so that he knows the importance of his FIR status. The law gives protection to the individual when his rights are violated or when he is deprived of any basic rights. He has the option to register his complaint to a magistrate under section 200 Criminal Procedure Code. The magistrate shall direct the concerned area police station in-charge to respond to the aggrieved party. The one who knows the law knows his power.
Law is strict in its articles and sections. The procedure of lodging FIR is clearly stated in the criminal procedure code 1898. The related FIR sections empower individuals to write the FIR for a crime committed against them. The police officer shall write FIR under Section 154 of Criminal Procedure Code in the cognizable offense, while under Section 155 the FIR of non-cognizable offense is written. But the problem is that police do not respond to the victim until and unless he is not paying the money as demanded by the police officer concerned for lodging the FIR. The rates vary with the type of crime. It can even cost hundreds of thousands if the case is against the Influential person. In such cases, the
victim suffers at the hands of the police and the perpetrator of the crime against him. If there is delay or non-compliance to the registration of the FIR, the aggrieved has the choice to avail the redress option. He must approach the court of law and pray to the justice of the peace. The justice of the peace who is an ex-officio [a district judge] may issue appropriate executions to the police authorities concerned on a complaint regarding the non-registration of a criminal case or neglect and failure of excess committed
by a police authority in action to its functions and duties. This is totally unfair and not acceptable in civilized societies. The crime increases when the criminal enjoys the liberty and exonerated of the charge. It is requested to the IG police that kindly ensure speedy response in cases where the poor is the victim. It is suggested to the provincial, as well as the federal government, to establish a digital system where the individual aggrieved person can lodge his FIR without any reference or paying a lucrative amount. This digital setup would be easy and fair to lodge the FIR. I wish if this system comes into existence as soon as possible