Wrestlers' Protest [What the Law Says - UPSC Current Affairs]

Seven wrestlers have filed allegations of sexual harassment against the Wrestling Federation of India President. As a result, the Supreme Court has issued a notice to the Delhi Police to register an FIR against him. However, the Solicitor General has requested a preliminary inquiry before registering the FIR. In this article, we examine this issue strictly from the point of view of the UPSC exam. The issues related to law and polity which you must be aware of pertaining to this issue in news are discussed here.

What is an FIR?

• An FIR (First Information Report) is a report filed by the police when they receive information about a cognizable offence, a crime in which the police can arrest the accused without a warrant.

What is the regulation for filing an FIR in cases of sexual harassment?

• As per Section 154 (1) of the Code of Criminal Procedure, the police are authorized to file an FIR once they receive information regarding a cognizable offence. 
• Cognizable offences under the Indian Penal Code include sections related to sexual harassment and sexual assault.

What happens once an FIR is registered?

• After an FIR is registered, the police will initiate an investigation into the alleged offence. 
• They may question the accused, collect evidence, and prepare a chargesheet to submit to the court. 
• If the police determine that the allegations in the FIR are baseless or insufficient, they may file a closure report to close the case. 
• The further legal process depends on the evidence gathered during the investigation.

What happens when the police refuse to file an FIR?

• Section 166A of the Criminal Law (Amendment) Act, 2013, inserted on the recommendation of the Justice J S Verma Committee, punishes a public servant with rigorous imprisonment for a minimum of six months and a maximum of two years if he refuses to record information related to a cognizable offence without any reasonable cause.

What happens when the alleged offence is committed outside the jurisdiction of the police station?

• In such cases, the police can file a ‘Zero FIR’ and transfer it to the police station concerned.

What are the FIR provisions under the Protection of Children from Sexual Offences (POCSO) Act?

• The POCSO Act mandates reporting of sexual offences against children. Section 19 requires the registration of an FIR, and Section 21 punishes failure to report or record such an offence with imprisonment, a fine, or both.

What are the remedies if the police refuse to file an FIR?

• Section 154 (3) allows an aggrieved person to send information to the Superintendent of Police if the police in charge refuses to file an FIR. 
• Alternatively, under Section 156 (3), a complaint can be filed before a magistrate who can order registration of the case at the police station.

Can a preliminary inquiry be conducted before the registration of an FIR?

• The Lalita Kumari vs Government of UP and Others Case decided in 2013 concluded that registration of an FIR under Section 154 of the CrPC is mandatory if the information of a cognizable offence is received. 
• However, the police officer may conduct a preliminary inquiry to test the veracity of the information before registering the FIR.

Wrestlers’ Protest [What the Law Says]:- Download PDF Here