Pakistan Islamicus

An International Journal of Islamic and Social Sciences

(Bi-Annual)
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TOPIC
F.I.R. DENIAL BY POLICE: A LEGAL AND ETHICAL DILEMMA

AUTHORS
Sidra Kanwel
Lecturer
Department of Law, at University of Sialkot, Punjab, Pakistan.
sidra.kanwel@uskt.edu.pk
Nazia Ayub
LLM. Scholar
Punjab University Lahore, Punjab, Pakistan.
ayubnazia975@gmail.com

How to Cite
Kanwel, Sidra & Nazia Ayub. 2023.
“F.I.R. DENIAL BY POLICE: A LEGAL AND ETHICAL DILEMMA.”.

PAKISTAN ISLAMICUS (An International Journal of Islamic & Social Sciences)

3 (2): 335-343.

Retrieved from:

https://pakistanislamicus.com/index.php/home/article/view/70.
PAKISTAN ISLAMICUS (An International Journal of Islamic and Social Sciences) 335
Vol 03, Issue 02 (July-December 2023)

F.I.R. DENIAL BY POLICE: A LEGAL AND ETHICAL

DILEMMA
Sidra Kanwel
Lecturer
Department of Law, University of Sialkot, Punjab, Pakistan.
sidra.kanwel@uskt.edu.pk
Nazia Ayub
LLM. Scholar
Punjab University Lahore, Punjab, Pakistan.
ayubnazia975@gmail.com
Abstract
The denial by police to record First Information Reports (F.I.R) presents a complex and
multifaceted challenge within law enforcement's legal and ethical framework. This research
article delves into the heart of this dilemma, exploring the legal implications, ethical
considerations, and the broader impact of such refusals on the justice system and society at
large. Through a comprehensive analysis of relevant case law, statutes, and ethical guidelines,
this study examines the reasons behind police refusal to register F.I.Rs, the consequences of
this practice, and the ensuing erosion of public trust in law enforcement agencies. The article
also evaluates the potential remedies and policy changes necessary to address this issue
effectively. By shedding light on the legal and ethical dimensions of F.I.R. denial by the police,
this article aims to contribute to a deeper understanding of the challenges faced in ensuring
accountability and transparency within the law enforcement system. It underscores the urgency
of addressing this dilemma to uphold the principles of justice, fairness, and public confidence
in the legal system.

Keywords: Accountability, Ethical Dilemma, F.I.R. Denial, Legal Implications, Police

Refusal.

Introduction
An F.I.R. (First Information Report) is a written document prepared by the police when they
receive information about the occurrence of a serious crime that is under their jurisdiction.
This is an initial information record that is presented to the police according to a set schedule,
which is why it is referred to as the First Information Report. Typically, it is a statement given
by the offender of a serious crime or by someone on their behalf to the police. Any individual
has the option to report the commission of a recognizable offense to the police either verbally
or in writing. A phone message can be regarded as a First Information Report. Police officers
F.I.R. Denial by Police: A Legal and Ethical Dilemma. 336

have an obligation to promptly and unquestioningly submit the First Information Report,
without any hesitation or justification.
The failure to register a First Information Report is a breach that could provide grounds for
initiating criminal actions against the implicated police officer. The First Information Report
is a highly significant document that initiates the criminal justice process. The police
commence their investigation as soon as the First Information Report is lodged at the police
station. The relevant evidence is the First Information Report, which must adhere to Articles
21, 22, 23, 25, 49, and 50 of the 1984 Qanoon-e-Shahadat Order. An individual who becomes
aware of the occurrence of a cognizable offense may choose to document a First Information
Report. It is not essential for the offender of the crime to be the one who stops a First
Information Report. A First Information Report (FIR) is often documented by a police officer
upon receiving information about a cognizable offense. If you are the victim of the crime, you
will be responsible for documenting the First Information Report record. (b) You possess
knowledge about the occurrence of a criminal act. (c) You have observed the offense being
committed ((Hamza & Hamza, 2023).
Role of First Information Report (F.I.R.)
An FIR is a written document prepared by the police when they receive information about the
occurrence of a serious crime that falls under their jurisdiction. The data log is the initial
encounter with the police, which is why it is referred to as the First Information Report.
The First Information Report (FIR) plays a crucial function in the criminal justice system as it
is the initial and fundamental step in reporting information about a serious crime to the police
station. The entire legal process is based on the First Information Report. The First Information
Report (F.I.R.) is not only initiated immediately once a case is registered, but it also remains
in effect until the final judgments are issued by the criminal court. The First Information Report
(F.I.R.) is a crucial document that initiates the entire legal process. A weak foundation can
disrupt the criminal justice system, making it extremely difficult for prosecutors to introduce
new evidence or arguments. When preparing a First Information Report, it is essential to
include the necessary requirements in exact accordance with the Code of Criminal Procedure
(Khan, A., Iqbal, N., & Ahmad, I. 2022).
The prosecution must possess the most recent rulings from higher courts to provide appropriate
legal direction to the investigating officer, who often relies on conventional methods and
disregards the latest recommendations provided by higher judicial bodies. While the prosecutor
provides essential guidance to the investigating officer during the inquiry, they also address
PAKISTAN ISLAMICUS (An International Journal of Islamic and Social Sciences) 337
Vol 03, Issue 02 (July-December 2023)

any significant legal gaps, resulting in a strong case that can be presented in the appropriate
court. Following the submission of the challan, the prosecutor's function is crucial as they are
responsible for concluding the trial once the prosecution witnesses have been examined and
cross-examined by the defense counsel. Additionally, the prosecutor must cross-examine the
defense witnesses presented by the accused (Attorney, 2022).
Responsibilities and Duties of The Police
1. The primary role and functions of the police encompass the impartial enforcement of the
law, safeguarding the lives, freedom, property, fundamental liberties, and dignity of
persons within society.
2. To promote and safeguard societal harmony;
3. To safeguard internal security and mitigate the risks of terrorism, breaches of mutual
amicability, assailant exercises, and other factors that may impact internal security need to
be prevented and controlled.
4. To safeguard public assets such as roadways, trains, bridges, essential facilities, and
infrastructure from harmful incidents, violence, or any kind of attack;
5. In order to prevent infractions and reduce the likelihood of crime, it is vital for individuals
to engage in proactive measures and support other relevant authorities in implementing
effective crime prevention strategies.
6. To accurately record all objections presented by a complainant or their representative,
whether in person or received through the mail, email, or other means and promptly take
appropriate action after acknowledging receipt of the complaint;
7. The purpose is to officially record and investigate all recognisable crimes reported through
complaints or other means, ensuring that a copy of the First Information Report is given to
the complainant and, when appropriate, apprehend offenders and provide necessary
assistance in prosecuting them.
8. To establish and maintain a sense of security within the community, and also prevent
conflicts and foster peace;
9. The primary objective is to provide comprehensive aid to persons affected by natural or
man-made disasters as first responders and to actively support other organisations in relief
and rehabilitation efforts.
10. The purpose is to provide aid and financial support to individuals who are at risk of harm
to themselves or their property and to offer necessary assistance and cover the expenses of
relief efforts for individuals in distressing situations. 11. The objective is to collaborate
with the organised development of individuals and vehicles, to regulate and oversee traffic
F.I.R. Denial by Police: A Legal and Ethical Dilemma. 338

on streets and roadways, to gather information pertaining to issues affecting public order,
including various forms of crime such as social offenses, communalism, radicalism,
terrorism, and other matters related to public safety, and disseminate this information to all
relevant organisations, while also taking appropriate action themselves.
11. As a police officer on duty, it is necessary to take responsibility for all unclaimed property
and take appropriate action to ensure its protection and disposal in accordance with the
approved procedure.
12. The objective is to train, deploy, and provide government support for police personnel
(Suddle, M. S. 2003).
Social Responsibilities of the Police
Every police officer shall:
a) Interact respectfully and appropriately with members of the public, particularly when
dealing with senior citizens, women, and children.
b) Provide guidance and assistance to members of the public, especially senior citizens,
women, children, impoverished individuals, and those who are vulnerable or mentally
challenged and who are in a disadvantaged state in urban areas or other public locations
and require aid and protection.
c) Ensure comprehensive assistance to victims of crimes and street accidents, including the
provision of prompt medical aid or clinical guidance, regardless of legal formalities, and
facilitate their access to compensation and other legal entitlements.
d) Ensure that the behavior of the police is consistently guided by principles of fairness and
human rights norms, particularly during conflicts between various networks, social classes,
hierarchies, and political factions, with special attention to safeguarding the rights of
marginalized groups, including minorities.
e) Prohibit the act of harassing women and children in public spaces and public transportation,
which includes actions such as stalking, making offensive gestures, remarks, or engaging
in any form of sexual assault.
f) Provide necessary assistance to members of the public, particularly women, children, and
individuals living in poverty, in order to protect them from any form of criminal
exploitation by individuals or organized groups.
g) Ensure that every individual under guardianship is provided with legally enough food and
shelter, and promote awareness of the availability of legal aid programs offered by the
government. Additionally, empower the relevant authorities involved in this matter.
 PAKISTAN ISLAMICUS (An International Journal of Islamic and Social Sciences) 339
Vol 03, Issue 02 (July-December 2023)

h) Preserve, promote, and safeguard the human rights and interests of marginalised groups,
including those in lower social strata, impoverished individuals, the vulnerable, and the
disheartened (Anwar, A., & Hussain, B. 2022).
The Inventory of Police Duties
Based on the previously described description of police work and functioning, a compilation
of police responsibilities, functions, and jobs can be organised as follows:
i. Responsibilities and roles pertaining to investigations.
ii. Ensuring the prevention of crime and the maintenance of peace and security.
iii. Investigation of criminal activities.
iv. Jobs related to maintaining order and ensuring security.
v. Enforcement of social legislation, including minor, major, and special acts, will be carried out.
vi. Intelligence Gathering.
vii. Seventh, responsibilities relating to democracy and elections.
viii. Natural disasters, the handling of such events, and responsibilities during emergencies.
ix. Police Records Maintenance.
x. PRO responsibilities.
xi. Assist other departments.
xii. Assorted responsibilities and tasks (Arain, S. M., & Arain, A. M. 2015).
It is evident that the Pakistani police often abuse their authority while making leisurely efforts
towards law enforcement, which can hinder their own obligations, such as registering a First
Information Report (FIR). Lawyers frequently receive numerous complaints from victims
seeking to file First Information Reports (FIRs) against perpetrators. However, the police often
fail to provide assistance or cooperation, either by refusing to act or by requesting a written
application. This results in unnecessary delays and allows the culprits to evade justice. In order
to address the egregiously negligent behaviour of the police, the government attempted to
provide a solution for the entire people by making amendments to Sections 22 and 25 of the
Code of Criminal Procedure 1898 (CrPC) via the Code of Criminal Procedure Ordinance
(Javed, K., Jianxin, L., & Khan, A. 2021).
This page aims to inform the general public that the police are obligated to file a First
Information Report (FIR), and there are available remedies in case they refuse to do so. An
FIR, or Finite Impulse Response, is a type of digital filter that calculates its output based on a
weighted sum of past input samples. Is the police obligated to register it? Upon examining
Section 154 of the Criminal Procedure Code (CrPC), it becomes evident that when the
F.I.R. Denial by Police: A Legal and Ethical Dilemma. 340

responsible police officer, such as the Station House Officer (SHO), is informed about the
commission of a serious offense, they are legally obligated to file a First Information Report
(FIR). It is crucial to emphasise that the police are obligated to act, regardless of whether the
information is provided by a victim or on behalf of multiple victims. An exception to the need
to register a First Information Report by the police occurs when an accident occurs outside the
jurisdiction of a particular police station. On such occasions, the informant (the person
providing information to the police about the alleged crime) should directly and promptly
contact the police or call the police helpline for the relevant police station that has jurisdiction
over the location where the crime occurred, and subsequently proceed to that police station
accordingly.
According to Section 154 and Rule 24.1 of the Police Rules, the police are required to write
down any information they receive about a serious crime and record it in both the First
Information Report register and the police station diary.
This task should be efficiently executed without any unnecessary delay. The occurrence of a
delay in registering the First Information Report is a significant factor that creates "reasonable
doubt" in the eyes of judges regarding the incident, allowing offenders to escape without facing
any consequences (Tahir, 2020).
Legal Remedies When Police Refuse to Register F.I.R.
If the police, for any reason, refuse or delay the registration of a First Information Report (FIR),
the affected party has the option to document the incident in writing and submit it to the police.
However, any delays in registration may raise doubts during court proceedings. In addition, the
defence counsel can claim that the delays were caused due to a combination of circumstances
and that the case was maliciously filed with the intention of tarnishing the accused's reputation.
Due to these reasons, it is advisable for the affected person to promptly approach the
Superintendent of Police (SP) as a first course of action. The National Judicial Policy Making
Committee (NJPMC) has stated in recent years that petitions filed under Section 22-A and 22-
B of the CrPC should not be entertained unless the Superintendent of Police (SP) has been
approached first regarding the police's failure to record a First Information Report (FIR). The
judgment made by the NJPMC is highly objectionable since it grants the executive body of the
police, which is already failing to fulfil its obligations, greater authority to exploit its powers
under the guise of altering complaints. Intentional delays in the registration of a First
Information Report can potentially benefit the culprits by giving them an advantage. Bestowing
a slugger onto the harasser seems utterly absurd.
PAKISTAN ISLAMICUS (An International Journal of Islamic and Social Sciences) 341
Vol 03, Issue 02 (July-December 2023)

If the distressing deterrence has been pursued without any First Information Report being
registered, the affected individual can use their clear legal entitlement under Sections 22-A and
22-B of the CrPC by approaching a (ex-officio) Justice of Peace (JP). The ex-officio Justices
of Peace, as stipulated in Section 25 of the CrPC, refer to Sessions or Additional Judges (Husan,
S. 2022).
To avail of this legal recourse, one must file a petition under Sections 22-A and 22-B to register
a First Information Report in the Court of Sessions. Upon filing the petition, a specific date is
scheduled for the Justice of Peace to evaluate the petitioner's application. If a recognisable
crime is reported to a Justice of Peace, they are required to instruct the relevant police officer
to file a First Information Report. In certain circumstances, they may also direct the
complainant to pursue an alternative course of action by filing a private complaint under
Section 200 of the Criminal Procedure Code (Tovar, M., & Lin, L. S. 2022).
In the case of Muhammad Tayyab v Justice of Peace, the defendant contended that it would be
highly risky to charge him with a grave crime that carries a life sentence without conducting a
DNA test. The High Court's constitutional jurisdiction, as outlined in Article 199 of the
Constitution of Pakistan, was utilised to challenge the validity of the order issued in favour of
Amna Mai, the aggrieved party, by the knowledgeable (ex-officio) Justice of Peace. The
Lahore High Court (Multan Bench) rejected Muhammad Tayyab's constitutional challenge and
ruled that the case should have been filed under Section 154 of the CrPC (Criminal Procedure
Code) when it was reported to the police. The Police administration was obligated to adhere to
the mandates of the law. The former Justice of Peace exercised his authority by instructing the
Station House Officer (SHO) to officially record a case based on a complaint made by the
individual. An investigation, which involved conducting a DNA test, was scheduled to take
place. It was mandatory for a case to be registered before the investigation could start, and the
registration of the case could not be delayed or contingent upon receiving a positive DNA test
result. Put simply, the provisions of Section 22-A and 22-B of CrPC, as well as Article 199 of
the Constitution, are not meant to offer an alternative path for the concerned parties but rather
to be utilised when police officials are evading their legal duties (Hussain, N., Khan, A., &
Chandio, L. A. 2023).
The Lahore High Court has repeatedly emphasised that the sole duty of an ex-officio Justice of
Peace, as outlined in Section 22-A(6)(i) of the CrPC, is to assess whether the material provided
by the aggrieved party proves a cognisable violation. If, in the individual's judgment,
considering the presented facts, a recognisable offense has been established, then the sole
instruction they can provide is to the relevant Station House Officer to officially record a First
F.I.R. Denial by Police: A Legal and Ethical Dilemma. 342

Information Report without delving into the accuracy of the information in question. Any
alternative interpretation of the clauses in question would contravene the entire framework of
the Code of Criminal Procedure (CrPC), which is not permissible. The term "ex-officio" refers
to a person who has a position or role automatically by their status or another position they
have. The Justice of Peace is not expected to mechanically order the registration of a First
Information Report in every single case. Furthermore, the petitioner also has the option to lodge
a direct complaint under Section 200 of the CrPC. As previously stated, the ex-officio Justice
of Peace has the authority to instruct the affected party to initiate the appropriate dialogue for
filing a private complaint under Section 200 of the CrPC to seek a resolution for their
grievances by the law. This legal remedy is equally beneficial (Bhardwaj, 2023).
Conclusion
In conclusion, the First Information Report (FIR) is a written document created by a police
officer upon receiving information about the occurrence of a serious crime. This is an initial
record of information that is presented to the police according to a set schedule, which is why
it is referred to as the First Information Report. Typically, it is a statement provided by the
offender of a serious crime or by someone associated with them to the police. Any individual
has the option to report the commission of a recognisable offense to the police either orally or
in writing. A phone message can be regarded as a First Information Report. Police officers are
obligated to promptly and unquestioningly report the First Information Report without any
hesitation or justification. The First Information Report (FIR) holds significant importance in
the administration of criminal justice as it serves as the initial step in reporting information
about a cognisable crime or offense at a police station. The entire legal process is based on the
First Information Report. Police personnel are responsible for upholding and enforcing the law
without bias. They are tasked with safeguarding the lives, freedom, property, fundamental
rights, and dignity of individuals from the general public. In order to safeguard internal security
and counteract terrorist activities, breaches of mutual amicability, assailant exercises, and other
circumstances that may impact internal security, it is necessary to protect public properties such
as streets, railroads, bridges, essential establishments, and institutions from destructive
incidents, violence, or any form of attack. Additionally, efforts should be made to prevent
crimes and reduce the likelihood of their occurrence through proactive measures and
collaboration with relevant authorities responsible for crime prevention. The failure to register
a First Information Report is a blatant infraction that could potentially warrant criminal
proceedings against the implicated police officer. The First Information Report (FIR) is an
PAKISTAN ISLAMICUS (An International Journal of Islamic and Social Sciences) 343
Vol 03, Issue 02 (July-December 2023)

extremely crucial document. The police commence their investigation as soon as the First
Information Report is lodged at the police station. What are the reasons for which police
officers can decline to file a First Information Report? It is the responsibility of the authorities
to ensure that residents have access to necessary facilities. However, if the police fail to record
a First Information Report, they may be infringing on the human rights of a citizen.

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