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that it can be made an instrument to instil so. Generally the police do not like to file an FIR,
confidence and sense of security in the people. because it simply means that it has to investigate
into the case. It increases the burden of work on
The police is a subject under the State List of the
Constitution of India. Therefore, there are some it, so it wants that FIRs should not be filed with it.
Also, when FIRs are filed with a police station, the
variations in the functions of the police
number of crimes being committed in its area are
organisation in different states. The police
organisation in a state is headed by a Director recorded, which is a commentary on its efficiency.
General of Police (DG) or Inspector General of It is the duty of the police to file an FIR. The
Police (IG). A state is divided into ranges, each Supreme Court has given clear instructions to the
range comprises of a number of districts, and is police organisation that it cannot refuse to accept
headed by a Deputy Inspector General of Police an FIR under any circumstances. Unfortunately,
(DIG). A district is headed by a Superintendent of this order continues to be flouted.
Police (SP), and a large district may be under the
When a police officer refuses to file an FIR, it is
charge of a Commissioner of Police (CP). A district illegal, so a higher officer (like the SP or CP) can
is further divided into police divisions, circles and be approached for it. Also, a person can approach
police stations, each of which are headed by the
the court of law directly for it.
police officers of lower rank.
Quiz Time
FIRST INFORMATION REPORT (FIR) Write True or False :
In the previous pages, you have studied that if a 1. The High Court is the highest court
wrong is done against a person, it is his at the district level. ______
prerogative whether he files a civil case or a 2. Everybody in India has access to court. ______
criminal case. In case he wants to file a civil case
against the wrong-doer, he has to file a case in the 3. CP stands for Central Police. ______
civil court directly. In this case, he may be 4. The police is a part and parcel of our
awarded compensation or damages for the loss social life. ______
suffered by him. On the other hand, if he thinks
5. A civil case is tried under the
that the wrong-doer should be punished by a criminal law. ______
court of law, he has to file a criminal case, and in
this case, he has to file an FIR with the police to
initiate the proceedings. RELATIONSHIP BETWEEN THE POLICE
AND THE COURT OF LAW
You may know that a criminal case can also be
filed by any other third person or the police itself. You know that there are three organs of the
government—the legislature, the executive and
When a person approaches the police to file an
the judiciary. The police organisation represents
FIR stating that a certain right of his has been the executive while the courts of law represent the
violated, or a crime has been committed against judiciary. Both these have to work in coordination
him or his family, it is the duty of the police to file
so that the administration of justice can be carried
it. As a matter of fact, the police cannot refuse to on smoothly. The police have to execute the order
file an FIR.
that a court of law gives.
When an FIR has been filed, it is the duty of the
When an incident (like a crime or accident)
police to investigate into the case, gather
occurs, it is the duty of the police to investigate
evidence, interrogate the concerned people, make into it, and if it warrants the attention of the court
arrests if necessary and present the case before a
of law, bring it before it.
competent court of law.
The court of law in turn examines the case,
This may seem to be simple, but in fact it is not
examines the evidence and witnesses, hears the
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