Home Ministry asks states to punish staff who fail to file FIRs

New Delhi: In wake of Alwar and Hapur gang-rape incidents, the Union home ministry has directed the state governments to take action against public servants who fail to register FIR in case of sexual assaults.

“This may not auger well for the delivery of criminal justice in the country, especially in the context of women safety,” Union home ministry’s joint secretary Punya Salila Srivastava wrote in a recent communication to states and Union Territories (UTs) adding that “certain instances reported recently point to failure of police in some States and UTs to adhere to legal provisions”.

In its advisory issued on May 16, also addressed to DGPs and Commissioners, the home ministry said, “Section 166 A (c) of IPC provides for punishment to apublic servant for failure to record FIR in relation to cognizable offences punishable for acid attack, molestation, rape and gang rape and any other offences related to women safety.”


MHA also directed the states and UTs to complete investigation in a time -bound manner and wrote, “Section 173 in CrPC has been amended in Criminal Law Amendment Act 2018 to provide for completion of police investigation in two months in case of rape.” The home ministry further directed the states to consider “conducting refresher courses for the police personnel on this issue to increase awareness and compliance and send an action taken report to the MHA,” reads the letter issued by JS Srivastava. In Rajasthan’s Alwar, an 18-year-old Dalit girl was allegedly gangraped by five suspects on April 26.