Karnataka State Police

Non-registration of complaints

Posted by PRO, Chief Office on Jan. 14, 2010

    Office of the

                                                                            Director General &

                                                                     Inspector General of Police,

                                                                   Karnataka State, Bangalore-1.

No:L&O/Misc/142/2009                                     Date: 15.12.2009

M  E  M  O

                             Sub:- Non-registration of complaints –

                                      Measures to deal with – reg.

                             Ref:- 1. Chief Office Circular No.CRM/117/

                                         Misc-2/04 dated 18.1.2005.

                                      2. Chief Office Memo No.117/CRM/

                                          Misc-2/04 dated 30.8.2005.

I.       One of the most common but serious complaints against the police is that whenever people go to the Police Stations with their complaints, they are turned away on various untenable grounds..  Often appropriate sections of law are not applied and value of the property lost is reduced with the intention of reducing the gravity of the offence.  A copy of the FIR is not given to the complainant as required.  This is in total violation of provisions of Section 154 Cr.P.C.  To overcome these difficulties faced by the people, detailed instructions were issued vide Circular under reference-1.  These instructions were reiterated in the Memo under reference-2.

II.      However, the situation has not improved.  This reflects badly not only on the Officers incharge of the Police Stations but also on the whole Police hierarchy of Karnataka Police.   Things cannot be allowed to go on like this.

III.     With a view to deal with this problem instructions were issued recently vide Chief Office Circular No.55/CRM/Misc-2/09 dated 2.6.2009, to erect a board outside each Police Station in the State displaying the phone numbers of the PSI/PI incharge of the Police Station, the Circle Inspector, the Dy.S.P. and the Toll Free number of the Chief Office and requesting people to contact these officers in case their complaints were not quickly and properly attended to.  In addition it was also instructed that hoardings should be erected at some busy places in each District headquarters or headquarters of the DCPs of the Commissionerates giving the telephone number of SP incharge of the District/DCP incharge of the Zone, Addl.SP of the District, IGP of the Range and the Toll Free number of Chief Office with a request to the public to contact these officers in case their complaints were not attended to quickly and properly in that particular District/Zone.   The fact that these boards have been put up outside all Police Stations in the District/Zone Headquarters should be widely publicized by the Superintendents of Police incharge of the Districts/Dy.Commissioners of Police incharge of the Zones through Press Notes, Press meetings, radio and local T.V. channels.  The IGPs of the Ranges and Commissioners of Police will report through a D.O. letter to me by 30^th of January 2010 that these instructions have been fully complied with. 

IV.     In order to mitigate the difficulties of the complainants and to deal with the situation caused by the refusal to accept the complaints by the SHOs, the law makers have made the Superintendents of Police specifically responsible to accept such complaints and to act on them by enacting Section 154(3) Cr.P.C.

V.      With a view to implement the provisions of Section 154 Cr.P.C. more effectively the following measures should be taken by all Superintendents of Police incharge of Districts, all Dy.Commissioners of Police incharge of Zones in Bangalore City and Dy.Commissioners of Police, Law & Order of Mysore City and Hubli-Dharwad Commissionerates.

          1. A Cell shall be opened in all DPOs, Offices of the Dy.Commissioners of Police incharge of Zones in Bangalore City and Dy.Commissioners of Police, Law & Order of Mysore City and Hubli-Dharwad Commissionerates to receive complaints of people whose complaints are refused in the Police Stations.  A computer generated acknowledgement should be issued to the complainant forthwith.

2.  The  Cell  in  the  DPO/Office of the DCP shall be manned by an officer of the rank of PSI who should be in uniform while on duty at the Cell.  PSIs can be drawn from all the Police Stations and other branches of the District Police/Zone (excluding Armed Police) on rotation basis for a period of one or two weeks for this purpose. 

3. A  general  diary  should  be  maintained in the Cell to make entries about the complaints received with their gist.

4. The PSI incharge of the Cell will bring the complaint received by him/her to the notice of the SP incharge of the District or DCP concerned immediately.  The SP/DCP after satisfying himself/herself about the cognizable nature of the complaint will pass order about registration of the case in any of the Police Stations under his jurisdiction and act as per the directions given under section 154(3) Cr.P.C.  The Police Station concerned will issue FIR and inform the Cell through fax or e-mail and act as directed by the SP/DCP.   The Cell shall make relevant entries in their diary.  The Police Station concerned shall inform the complainant of the registration of the case by the quickest means of communication and also give a copy of the F.I.R. to him without delay.

          In case the SP incharge of the District or the DCP is out of station or is not immediately available when the complaint is received by the PSI incharge of the Cell, he should bring the facts of the complaint to the notice of the SP/DCP over phone and obtain suitable instructions for further necessary action.  As soon as the SP/DCP arrives in the HQrs the PSI should place the complaint before the SP/DCP for further action.

          5. A Charge Memo should be issued to the Officers incharge of the Police Stations where the complaints were earlier refused.  In serious cases the officers incharge of the Police Stations where complaints were refused should be suspended.

6. The Cell should remain open between 10.00 am to 2.00 pm and 4.00 pm to 8.00 pm.

7. The PSI incharge of the cell should be given instruction in writing that he should not use discretion while receiving the complaints and his duty is only to receive and acknowledge the complaints and place them before SP/DCP concerned for further action, otherwise the very spirit and purpose behind the enactment of section 154(3) Cr.P.C. would be defeated.

8. The Cell should work directly under the Superintendents of Police incharge of the Districts and Dy.Commissioners of Police incharge of the Zones.

9.     Necessary  computer,  stationary,  fax machine  etc.,  should  be

made available by the SP incharge of the District/DCP incharge of the Zone to the Cell.

10.Wide publicity should be given about opening of such a Cell in the local press, T.V. channels, radio, etc. by the SP/DCP.

11.Proper directional board should be put up in prominent places in DPOs and offices of the Dy.Commissioners of Police to guide people to reach the Cell.

VI.     It is hereby made clear that while complying with the above noted instructions the complaints of ordinary nature routinely received in the Police Stations should not be refused and should be continued to be received without any difficulty.  Supdts.of Police/Dy.Commissioners of Police should issue necessary instructions to the SHOs in this regard.

          Compliance that such Cells have started functioning should be sent to me in name cover by 30.1.2010 by all the Dispols and Compols.  Non-compliance of these instructions will be viewed seriously.  Rangepols should ensure that these Cells are opened in all the districts of their respective Range.

          Addl.DGP, Law & Order shall monitor the follow up action.

                                                                            (Ajai Kumar Singh)

                                                                             Director General &

                                                                      Inspector General of Police,

                                                                             Karnataka State.

To

1. All Compols (by name).
2. All Rangepols (by name).
3. All Dispols (by name).
4. All Dy.Commissioners of Police i/c of Zones in Bangalore City & Dy.Commissioners of Police, Law & Order in Mysore City & Hubli-Dharwad commissionerates.

Copy to the Addl.Director General of Police, Law & Order, Bangalore for monitoring the implementation.

Copy to all ADGs/IGs and DIGs in the State.