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Police not arresting accused after FIR submitted how to proceed legally ?
17-Jul-2024 (In Criminal Law)
I have submitted an FIR, medical reports, and injury photos, but the police are not arresting the accused after FIR. Why is this happening, and what should I do if the police are not taking action after FIR?
Get and preserve a copy of the FIR and your medical/photo evidence, make a written representation to the SHO/SSP/DGP (keep dates/receipts), and if the police still refuse to act ask the Magistrate to order an investigation under the BNSS (magistrate power to direct investigation / register FIR) -BNSS s.175(3). See the Supreme Court duty to register/act on cognizable complaints (Lalita Kumari v. U.P.). If the police decline arrest, remember arrest is not automatic and police must record reasons (Arnesh Kumar) and custodial safeguards apply (D.K. Basu). A magistrate can be asked to monitor/direct investigation (Mohd. Yousuf; Hemant Yashwant Dhage) and, only after these remedies fail, approach the High Court (Sakiri Vasu). Statutes: BNSS (investigation/process) [https://www.legitquest.com/act/the-bharatiya-nagarik-suraksha-sanhita-2023/1048E], BNS (offences) [https://sanhita.ai/en/bns], BSA (evidence rules) [https://www.naavi.org/wp/modernising-evidence-law-the-bharatiya-sakshya-adhiniyam-2023-bsa-in-the-digital-age/]. Cases: Lalita Kumari v. Govt. of U.P. [https://indiankanoon.org/doc/61439929/], Arnesh Kumar v. State of Bihar [https://indiankanoon.org/doc/147520973/], D.K. Basu v. State of W.B. [https://indiankanoon.org/doc/144592799/], Mohd. Yousuf v. Afaq Jahan [https://sooperkanoon.com/case/648041/mohd-yousuf-vs-smt-afaq-jahan-anr], Hemant Yashwant Dhage v. State of Maharashtra [https://indiankanoon.org/doc/163613503/], Sakiri Vasu v. State of U.P. [https://www.courtkutchehry.com/judgements/659385/sakiri-vasu-vs-state-of-up-and-others/].
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Adv. Rajesh K.S
Adv. Rajesh K.S
Bangalore / Bengaluru | 700+ Answers
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Additionally, you may approach higher police authorities, such as the Superintendent of Police (SP) or Commissioner, or even file a complaint in the High Court if there is deliberate inaction by the police.
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Adv. Naman Saraswat
Adv. Naman Saraswat
Bangalore / Bengaluru | 25+ Answers
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