Tag: accesstojustice

In Pakistan, the First Information Report (FIR) is the first step in the criminal justice process. Under the law, police are required to register an FIR when information about a cognizable offence is provided.

However, many citizens face situations where the police refuse to register their FIR. Fortunately, Pakistani law provides several remedies to ensure that justice is not denied.

Below are the legal options available if the police refuse to register an FIR.

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1. Submit a Written Complaint to the SHO

The first step is to submit a written application to the Station House Officer (SHO) of the concerned police station.

The complaint should include:

• Full name and address
• Details of the incident
• Date, time and location
• Names of accused (if known)

Always keep a copy of the application for record.

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2. Approach Senior Police Officers

If the SHO refuses to register the FIR, you can approach higher police authorities such as:

• SDPO
• DSP
• DPO
• CCPO / RPO

Senior officers have the authority to order registration of the FIR.

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3. File an Application Under Section 22-A CrPC

One of the most effective legal remedies is to file an application under Section 22-A CrPC before the Justice of Peace (usually the Sessions Judge or Additional Sessions Judge).

The court may:

• Direct police to register the FIR
• Order an inquiry
• Ensure lawful action by the police

This is a commonly used legal remedy in Pakistan.

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4. Send Complaint Through Registered Post

Another option is sending a complaint to the police station or senior officers through registered post or courier. This creates an official record of your complaint.

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5. File a Private Criminal Complaint

If police still fail to take action, a person may file a private criminal complaint directly before the Magistrate.

The court may then:

• Record evidence
• Summon the accused
• Start criminal proceedings

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Important Legal Principle

Under Pakistani criminal law, police cannot refuse to register FIR in cases involving cognizable offences. If they do, the aggrieved person has the right to approach the courts.

Legal awareness empowers citizens to protect their rights and seek justice through lawful means.