Duty of police to register FIR when cognizable offence is brought to its notice: Bombay HC

The Bombay High Court on Thursday said it was the duty of the police to register a First Information Report FIR if a cognizable offence was brought to its notice.The remark was made by a division bench of Justices Revati Mohite Dere and Sharmila Deshmukh while hearing a petition challenging the circular issued by the former Mumbai police commissioner that stipulated seeking approval of the deputy commissioner of police DCP before registering FIRs under Protection of Children from Sexual Offences POCSO Act and in cases of outraging modesty of women.

The Bombay High Court on Thursday said it was the duty of the police to register a First Information Report (FIR) if a cognizable offence was brought to its notice.

The remark was made by a division bench of Justices Revati Mohite Dere and Sharmila Deshmukh while hearing a petition challenging the circular issued by the former Mumbai police commissioner that stipulated seeking approval of the deputy commissioner of police (DCP) before registering FIRs under the Protection of Children from Sexual Offences (POCSO) Act and in cases of outraging the modesty of women. The bench was informed by the petitioner's advocate Arjun Kadam that the circular was withdrawn on July 12 by the new police commissioner. Kadam said the motive to challenge the circular was that a police station had refused to register an offence for aggravated sexual assault against his client and her child.

Due to the police's refusal, the victim was constrained to approach the Special POCSO Act Court in Mumbai seeking registration of FIR, he said.

The court then noted the police has to perform its duty and register FIR when it is brought to their notice that a cognizable offence has been committed.

''Right or wrong, once it is brought to notice that a cognizable offence is committed, it is the duty to register FIR. Thereafter, if there is no evidence then the appropriate report can be filed,'' Justice Dere said.

The bench disposed of the petition given the withdrawal of the circular.

The first circular was issued on June 6 by the former police commissioner Sanjay Pandey, which was subsequently amended on June 17, with the clarification that in the event the case seemed prima facie genuine the police could register FIRs without prior approval. But if cases did not seem genuine, then prior approval as per the previous circular was mandatory.