The Right to Register an FIR: Foundation for Fair Trials in Pakistan
Abstract
The First Information Report (FIR) serves as the foundation for criminal trials. The Station House Officer(s) (SHO) of the investigation agency is under an obligation to promptly register an FIR whenever any information regarding the commission of a cognizable offence comes to their knowledge, whether orally or in writing. However, they often refuse to do so or delay its registration. Consequently, victims or informants must resort to courts against this action of SHO. This research paper deals with a very important legal question: whether an SHO can refuse or delay the registration of an FIR in a cognizable offence. It also explores whether an SHO can inquire into the truthfulness of the information without first registering it. This research concludes that SHOs have no discretion in this matter. The informant or victim has the right to register an FIR. This should be accepted by the investigation agency. They need to be trained. Its recognition should be unequivocally declared by police authorities through issuing necessary directions to SHOs. Online FIR system can be a vital solution. These steps are sin qua non to ensure fair trials in the criminal justice system (CJS) of Pakistan.
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