Can a police officer refuse to register a first information report on the ground that the said police station does not have territorial jurisdiction over the place of crime?

Question: Can a police officer refuse to register a first information report on the ground that the said police station does not have territorial jurisdiction over the place of crime? Answer referring to relevant provisions of the Code of Criminal Procedure. [U.P.H.J.S. 2012]

Find the answer to the mains question only on Legal Bites. [Can a police officer refuse to register a first information report on the ground that the said police station does not have territorial jurisdiction over the place of crime?]

Answer

A police officer is duty-bound to register an FIR on receiving such information of the commission of a cognizable offence as enshrined under Section 154 Crpc. He can deny lodging of FIR only when from the facts and information present he is satisfied that it is a trifling issue and when the cognizable offence has been created outside the territorial jurisdiction of that Police Station.

If at the time of lodging the FIR it is clear that it was not committed in that Police Station’s jurisdiction then still also the PO shall record the Fir and transfer it to the Police Station having the territorial jurisdiction to investigate that offence i.e.in such cases a Zero FIR is registered by the Police officer and then will be transferred to the PS having the territorial jurisdiction (Bimla Rawal and Ors. v. State (NCT Of Delhi) and Anr. Date of Decision: 03.1.2008).

In Zero FIR, the Police Station which does not has the territorial jurisdiction to register the FIR registers it but without putting an FIR number and then transfers it to the Police Station having the territorial jurisdiction. The mechanism of a Zero FIR is designed for a timely and convenient recording of an FIR without any delay.

In State of A.P. v. Punati Ramulu (AIR 1993 SC 2644) and others when the Police Constable refused to register the Fir merely on the ground that it had no territorial jurisdiction over the place of the crime SC held that it amounts to a dereliction of the duty of a Police officer and PO shall record it and forward it to the police station having jurisdiction over the area where the crime was committed.

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