Lok Sabha Question No. 1440 (UNSTARRED), answered on 2015-12-08
Subject: Registration of FIR
Ministry: HOME AFFAIRS
Asked by: P.R. SUNDARAM

## GOVERNMENT OF INDIA

## MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO.1440

TO BE ANSWERED ON THE 08 TH  DECEMBER, 2015/AGRAHAYANA 17,1937 (SAKA)

REGISTRATION OF FIR

1440. SHRI P.R. SUNDARAM:

Will the Minister of HOME AFFAIRS be pleased to state:

- (a)  whether  the  Government  has  taken  note  of  lack  of  sensitivity  and grave negligence on the part of police administration to register complaints/FIRs etc.;
- (b) if so, the reaction of the Governments thereto;
- (c)  whether  the  Supreme  Court  had  directed  the  Union  and  State Governments to set up Police Complaints Authorities (PCA) at State/district levels;
- (d)  if  so,  the  details  thereof  including  the  main  objectives  of  setting  of such authority  along with the consultation held with all  stakeholders  by the Union Government till date; and
- (e) the present status in this regard?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI HARIBHAI PARATHIBHAI CHAUDHARY)

(a) to (b): Ministry  of  Home  Affairs  has  received  some  isolated  reports regarding non-registration of FIRs. The Union  Government, attaches highest importance to the matter of Non-Registration of FIR and therefore a  new  Section  166A  has  been  inserted  in  Section  166  of  IPC,  wherein provision to punish public servants, who fails to record any information / registration of FIR and such public servants can be punished with rigorous imprisonment for a term, which shall not be less than six months but which may extend to two years and shall also be liable to fine. The data of such cases  are  not  maintained  centrally  by  National  Crime  Records  Bureau (NCRB).

## L.S.US.Q.NO.1440 FOR 08.12.2015

(c) to (e): In Writ Petition (Civil) No. 310/1996 - Prakash Singh and Others Versus  Union  of  India  and  Others,  the  Supreme  Court  passed  several directions to States/Union Territories on police reforms which, inter alia, included a direction on setting up of a police complaint authority both at State  as  well  as  District  level  to  look  into  the  complaints  against  the police  officers  and  directed  to  file  affidavits  of  compliance.  The  State level  Complaints  Authority  would  take  cognizance  of  only  allegations  of serious misconduct by the police personnel, which would include incidents  involving  death,  grievous  hurt  or  rape  in  police  custody.  The District  level  Complaints  Authority  would,  apart  from  above  cases,  may also  inquire  into  allegations  of  extortion,  land/house  grabbing  or  any incident involving serious abuse of authority. A copy of the Supreme Court judgment  was  sent  to  all  State  Governments  for  consideration  and compliance.  'Public  Order'  and  'Police'  are  'State  subjects'  falling  in Entry 1 & 2 of List-II of the Seventh Schedule of the Constitution of India and therefore, the responsibility for implementation of the direction of the Hon'ble Supreme Court regarding setting up of Police Complaints Authority  falls  within  the  domain  of  the  State  Governments  and  Union Territory Administrations. In so far as Union Territories are concerned, the Ministry  of  Home Affairs  has  already specified the composition,  terms  & conditions, appointment of Chairperson  &  Members  and  powers  & functions of such authority for all the UT  Administrations vide its letter dated 23.3.2010. The matter is sub-judice and is under active consideration of the Supreme Court.

********