The Ministry of Home Affairs sent an advisory regarding the registration of FIRs, emphasizing the importance of this directive in compliance with the directions of the apex court of India. This advisory mandates that a compulsory FIR must be registered in cases involving women and children, reflecting a crucial step towards their protection and the promotion of justice.
However, it is disheartening to note that this advisory has not yet reached the office of the Senior Superintendent of Police in Mirzapur, an oversight that raises significant concerns. This lack of action is not only most unfortunate but also indicative of systemic inefficiencies.
It has been a staggering 10 years since such directives were reinforced, and the delay in implementation fails to reflect the principles of good governance that are expected in the state of Uttar Pradesh. The citizens of this region deserve timely enforcement of laws to ensure their safety and well-being, and such lapses undermine public trust in the law enforcement agencies tasked with upholding these vital protections.

RTI Filed on 2015 Home Ministry Advisory for FIR Registration

An RTI application arrived at the Superintendent of Police Office in Mirzapur. It, therefore, inquires about the implementation of a key advisory by the Government of India’s Ministry of Home Affairs. Specifically, dated October 12, 2015, this advisory pertains to the compulsory and non-discriminatory registration of First Information Reports (FIRs) under Section 154 of the Code of Criminal Procedure (Cr.P.C.).

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Application and Authority Details dealing with RTI about advisory

• Registration Number: SPMZR/R/2024/60234
• Date of Filing: 23/12/2024
• Applicant Name: Yogi M P Singh
• Applicant Contact: +91-7379105911, yogimpsingh[at]gmail[dot]com
• Public Authority: Superintendent of Police Office, Mirzapur

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Officer Details

Public Information Officer (PIO)

• Name: OM PRAKASH SINGH
• Designation: ASP OPERATION
• Phone No.: 9125608556
• Email: aspopmzp@gmail.com

Nodal Officer

• Name: Omprakash Singh
• Email: addlspopmzr@gmail.com

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Information Requested from the SP Office, Mirzapur

The applicant has requested the following point-wise information to ascertain the actions taken by the district police on the 2015 Home Ministry advisory:

1. Receipt of Advisory: Please provide the name and designation of the public staff. They initially received this advisory from the Ministry of Home Affairs in the Uttar Pradesh government.
2. Processing Officer: Firstly, please provide the name and designation of the police personnel. Additionally, they processed this advisory within the office of the Superintendent of Police, Mirzapur.
3. Dissemination to Police Stations: The Superintendent’s office has officially sent this advisory to the police stations in the Mirzapur district. Consequently, this action aims to ensure that all relevant personnel are informed. They are also prepared to act accordingly.
4. Dissemination to Police Outposts: Provide the list of police outposts in the Mirzapur district that have received this advisory.
5. Reason for Inaction (if any): The Supreme Court emphasizes the “Right to Reason” as crucial to a sound administrative system. Therefore, please specify why the office of the Superintendent of Police, Mirzapur, has not taken action. In particular, we need a specific reason for the inaction on this advisory.

The applicant, therefore, asks the PIO to provide this information within a 30-day period. This is, in fact, stipulated under Section 7(1) of the Right to Information Act, 2005.

PIO and FAA in the office of superintendent of police Mirzapur have made a practice to deny every information sought by information seekers, creating an environment of distrust and frustration among the citizens.
This recurring trend not only undermines the principles of transparency and accountability associated with public information access but also raises serious concerns about the adherence to legal obligations set forth under the Right to Information Act.
Despite numerous requests aimed at obtaining crucial data or clarifications on various police activities and community safety issues, there seems to be a systematic refusal that ultimately hinders effective communication between the public and law enforcement authorities.

It appears you are referring to the mandatory registration of First Information Reports (FIRs) for crimes against women, a directive that has been reinforced by several Supreme Court judgments and Ministry of Home Affairs (MHA) advisories.

If authorities in Mirzapur (or elsewhere) are refusing to file an FIR for a crime against a woman, they are in direct violation of the law. Here is the legal standing and the steps you can take.

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1. The Mandatory Law (Lalita Kumari Case)

The Supreme Court, in the landmark case of Lalita Kumari v. Govt. of U.P. (2013), made it clear that:

• Mandatory Registration: If a complaint discloses a cognizable offence (serious crimes like rape, molestation, or kidnapping), the police must register an FIR immediately under Section 154 of the CrPC (now Section 173 of the BNSS).
• No Preliminary Inquiry: Police cannot conduct a “preliminary inquiry” to check if the story is true before filing the FIR for such crimes.
• Punishment for Cops: Any officer who refuses to register an FIR for a cognizable offence can face disciplinary action and criminal prosecution.

2. MHA Advisory on Women’s Safety

The Ministry of Home Affairs has issued multiple advisories (the most prominent being in October 2020 following the Hathras incident) stating:

• Compulsory Registration: FIRs for sexual offences must be registered without delay.
• Zero FIR: If the crime happened outside the police station’s area, they must still file a “Zero FIR” and then transfer it to the relevant station. They cannot send the victim away.
• Section 166A (IPC/BNS): Public servants can be punished with up to 2 years in prison for failing to record an FIR in relation to sexual offences (under Sections 354, 376, etc.).

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Remedies if the Police Refuse to File an FIR

If the advisory is ignored and the FIR is not registered, you have three powerful legal routes:

1. Approach the Superintendent of Police (SP): Send the substance of the complaint in writing via Registered Post to the SP of Mirzapur under Section 154(3) CrPC (now Section 173(3) BNSS).
2. File a Judicial Complaint: If the SP does not act, you can file a petition before the Judicial Magistrate under Section 156(3) CrPC (now Section 175 BNSS). The Magistrate can then order the police to register the FIR and investigate.
3. National/State Women’s Commission: You can lodge an online complaint with the National Commission for Women (NCW) or the UP State Commission for Women. They have the power to summon police officials and demand an explanation.

Key Documentation

• MHA Advisory on Compulsory Registration (PDF)
• Lalita Kumari Judgment Summary

Would you like me to help you draft a formal complaint to the Superintendent of Police or the Women’s Commission regarding this refusal?

Information sought from office of DGP Lucknow regarding inaction of superintendent of police as FAA, in entertaining appeals of appellants