Lucknow: In a significant procedural shift, people in Uttar Pradesh will no longer be able to directly file FIRs at police stations for 31 specific categories of offences, including dowry harassment and cheque bounce cases. Instead, complainants must first approach a magistrate and initiate proceedings through the court.
The directive follows strong observations made by the Allahabad High Court in a recent matter. Acting on this, Director General of Police Rajiv Krishna has issued strict instructions to police officials across the state to ensure compliance.
Why the Rule Change?
According to the DGP, certain offences are legally classified as “complaint cases,” where only a court can take cognisance based on a direct complaint. Registering FIRs in such matters at police stations is not just improper but illegal.
What Changes for Police?
Police officers have now been directed to scrutinize complaints carefully before registering FIRs. Station House Officers and investigating officers must verify whether a case falls within police jurisdiction or requires court intervention.
Impact on Citizens
For the public, this means an additional legal step. In these specified cases, individuals cannot go straight to the police station. They must first file a complaint before a magistrate, who will decide the дальней course of action.
List of Affected Cases
The DGP’s circular, based on inputs from the prosecution department, identifies 31 categories where FIRs cannot be directly registered. These include:
- Dowry harassment and domestic violence complaints
- Cheque bounce cases
- Female foeticide-related matters
- Animal cruelty and environmental violations
In addition, issues such as consumer fraud and food adulteration must now be taken to appropriate bodies like consumer forums or the Food Safety authority, not the police.
Other categories include:
- Child labour
- Workplace sexual harassment
- Air and water pollution
- Trademark violations and foreign exchange matters
- Human organ trafficking
- Cable TV regulation and pesticide control
In all such cases, complaints must first be lodged with the relevant department or authority.
Reason Behind the Move
The High Court had flagged instances where FIRs were registered in violation of legal provisions, weakening cases during trial and sometimes benefiting the accused. Faulty registration often led to collapsed investigations, denying justice to victims.
Strict Compliance Warning
The DGP has warned that any violation of these instructions will invite departmental action. Officers have been asked to thoroughly understand legal provisions before proceeding with FIR registration.
Legal Provisions in Dowry Cases
Under the Dowry Prohibition Act, 1961, giving or taking dowry can lead to imprisonment of up to five years along with a fine of ₹15,000.
Additionally, cruelty or harassment related to dowry demands is punishable under Section 498A IPC, which carries up to three years of imprisonment and a fine. Failure to return a woman’s property (stridhan) can also attract similar penalties.
