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Section 173 of the BNSS allows citizens to lodge an FIR at any police station for a cognizable offence, regardless of jurisdiction. The FIR must be transferred to the appropriate station within 15 days. This section also introduces electronic registration of FIRs, which must be signed by the person making it within 3 days by virtue of 173(1)(ii) of BNSS.

If a police officer refuses to register your FIR, you can:
  1. File an application to the Magistrate under Section 175 (3) [156(3) of CrPC] if the Superintendent of Police and the Deputy Superintendent of Police do not investigate the case after information is provided to them under Section 173 (4) [154(3) of CrPC].
  2. File a writ petition in the High Court for the issuing of Writ of Mandamus against the police officers.
  3. Seek compensation through a Writ Petition in the High Court if the refusal has caused deprivation of your right to life and personal liberty.

A police officer can legally deny lodging an FIR if the complaint is about an extremely trivial issue and the facts stated by the complainant do not disclose a cognizable offence. However, refusal based on jurisdiction is addressed by the "Zero FIR" concept, allowing FIRs to be filed at any police station and transferred to the appropriate jurisdiction later.

Police officers who refuse to register an FIR in cognizable cases may face:
  1. Issuance of a Writ of Mandamus by the High Court, compelling them to explain their refusal.
  2. Orders for compensation to the aggrieved person if the refusal has infringed on their rights.

The “Latika Kumari v. Govt. of UP & Ors.” case is a landmark judgment where the Supreme Court mandated that police must register an FIR upon receiving information about a cognizable offence. The court ruled that no preliminary inquiry is needed to determine if a cognizable offence has been committed, except in specific cases like family disputes, commercial offences, medical negligence, corruption, and cases with abnormal delay.

If an FIR is not registered despite the new provisions under BNSS, the victim can:
  1. File an application to the Magistrate.
  2. File a writ petition in the High Court.
  3. Seek compensation for the violation of their rights.

Non-registration of an FIR denies the victim justice, as it prevents the initiation of criminal proceedings. This can lead to further trauma and a sense of injustice for the victim.

The BNSS, 2023 prescribes specified timelines for various stages of the criminal process, including completing investigations, filing final reports, and trial proceedings. For example, a Magistrate must decide whether to take cognizance of the charge sheet within 14 days.

A "Zero FIR" allows victims to file an FIR at any police station regardless of jurisdiction. The police station that receives the FIR must then transfer it to the station with the correct jurisdiction. This helps in situations where the victim cannot access the appropriate police station due to various reasons. Section 173 of the new Code [BNSS] provides for registration of such FIR.

The BNSS, 2023 introduces electronic registration of FIRs. The FIR must be signed by the person making it within 3 days of being taken on record. This aims to streamline the FIR registration process and make it more accessible.
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