An FIR is the official complaint registered with the police under Section 154 of the CrPC. It should be filed immediately after the incident or as soon as it comes to light. If the police refuse to register it, you can escalate the matter to a higher-ranking officer like the Superintendent of Police or approach a Magistrate under Section 156(3) CrPC to compel the police to act.
If the police are unwilling to register or investigate the case, a written complaint can be submitted to a Magistrate under Section 200 or 156(3) CrPC. The Magistrate has the authority to order the police to investigate or even begin proceedings independently.
A formal grievance can be submitted to the National Commission for Women (NCW) or the respective State Women’s Commission if authorities are unresponsive or mistreat the survivor. These commissions can summon officials, initiate inquiries, and pressurize authorities to take action.
If there is a serious miscarriage of justice or systemic neglect, a writ petition or PIL can be filed in the High Court or Supreme Court. A writ of mandamus can compel the state or police to act, while a PIL — which can be filed by anyone — highlights broader public concerns linked to the case.
In cases involving police apathy, harassment, or violation of the survivor’s rights, a complaint can be submitted to the National or State Human Rights Commission. These bodies can recommend corrective measures and hold institutions accountable.
If the incident occurs in a school, college, or workplace, complaints should be made to the Internal Committee (ICC) under the Prevention of Sexual Harassment (POSH) Act. These institutions are legally required to investigate such cases promptly and fairly.
If the survivor is being threatened, harassed, or falsely accused, they can file a counter-complaint under Section 506 IPC (criminal intimidation) or pursue defamation charges if their character is being intentionally harmed.
Important documents include the survivor’s statement, medical reports, a copy of the FIR or complaint, witness details, and any supporting evidence like call logs, chats, or photos that could strengthen the case.
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