What happens when a police officer refuses to register a cognizable offence?

If police refuse to register a report alleging a cognizable offence in Pakistan, the complainant has statutory remedies under the Code of Criminal Procedure, 1898. Section 154 concerns information about cognizable offences. Section 22-A(6) gives an ex officio Justice of the Peace powers to issue appropriate directions concerning nonregistration, transfer of investigation and particular police neglect or excess.

The report must contain facts disclosing an offence. An ordinary contractual default or business disagreement cannot automatically become a criminal case by repeated complaints. The decision should follow penal ingredients, objective evidence and the statutory procedure.

Section 154 and registration

Section 154 addresses information concerning the commission of a cognizable offence supplied to the officer in charge of a police station.

A complainant should distinguish recording of a criminal allegation from the later finding of guilt. Registration does not prove that the named person committed a crime.

A report concerning no cognizable offence may require a different response from one plainly describing an assault, theft or other qualifying act.

Prepare the factual complaint

Set out when and where events occurred, who participated, what each person allegedly did and which witnesses or records support the account.

Attach available medical records, agreements, photographs or messages as relevant. Do not substitute a dramatic list of penal sections for concrete events.

Keep one accurate signed copy and avoid inserting invented facts for the purpose of obtaining registration.

Submit to the proper police station

Identify the station with jurisdiction according to the governing CrPC and applicable practice.

Seek a diary entry, receipt or other evidence that the written report was delivered. Record the officer's stated response.

If no written receipt is provided, preserve other lawful proof of the submission date.

Supervisory police representation

A senior officer may be approached with the original complaint and evidence of the station's failure.

The representation should state what statutory duty is said to have been neglected and what action is requested.

An unsupported allegation that police are colluding with the proposed accused is less useful than clear facts about the refusal.

Ex officio Justice of the Peace

Section 22-A(6) authorises specified directions to concerned police authorities where the statutory conditions are met.

It is a defined criminal procedural remedy, not a forum to determine property title or adjudicate the final guilt of the accused.

The applicant should cite the relevant limb concerning nonregistration and produce the prior police record.

The nature of judicial scrutiny

The court considers the complaint and legal duty under the applicable judicial principles.

An order directing police to perform a statutory function does not predetermine the investigation, evidence or eventual trial.

The accused retains due-process protections, and police must investigate lawfully.

Supporting annexures

Include the original application, acknowledgments, representation to senior officers and principal evidence.

Where communications are electronic, retain full original conversations and identify the sender accurately.

The court should be informed of related civil suits, earlier complaints and any material conflicting record.

Private complaints

The CrPC also provides routes for private complaints before a competent judicial officer in appropriate circumstances.

Their procedures differ from an FIR under section 154. The correct route depends on allegation and facts.

Counsel should avoid parallel proceedings that duplicate the same relief unnecessarily.

Civil disputes and criminal allegations

An unpaid supply invoice may provide a civil cause of action without proving cheating. Conversely, a forged agreement or deliberate dishonest inducement may require criminal investigation even where a contract exists.

The complainant should identify the penal ingredients and avoid presenting the mere existence of a business dispute as a sufficient basis for a criminal case.

The police and courts must evaluate the actual conduct rather than the labels selected by the parties.

Article 199 considerations

Constitutional review may be relevant to exceptional unlawful police action, subject to adequate alternative remedies and the constitutional jurisdiction.

Where section 22-A provides an effective remedy, that route should be evaluated first.

A writ should not be used merely because the complainant believes a Justice of the Peace may examine the report more closely.

Urgent threats and safety

A person who faces immediate violence or a continuing threat should seek appropriate police assistance without delaying solely for preparation of a formal petition.

Preserve incident details and available medical or witness records.

A registration dispute does not automatically replace separate lawful preventive or protective measures.

Transfer or failure of investigation

Section 22-A(6) has distinct limbs concerning investigation transfer and police neglect, subject to its terms.

A request to change the investigator should be supported by specific facts rather than preference for a particular officer.

The supervisory authority and court must remain within their respective statutory powers.

Preventing false complaints

A complainant who deliberately fabricates information may face separate legal consequences.

The report should distinguish personally observed conduct from hearsay and state uncertainty candidly.

An applicant should not encourage witnesses to exaggerate an event or change a timeline.

Example involving physical injury

A person files a written report alleging an assault, supplying medical records and witness details. Police decline to record the case without explaining the statutory basis.

The complainant can use senior police channels and consider an appropriate section 22-A(6) application.

A favourable procedural direction would not itself convict the named person.

Example involving unpaid goods

A supplier asks police to register cheating against a retailer solely because a trade invoice remains unpaid after a disputed delivery.

The authorities should examine whether any genuine dishonest inducement is alleged or whether the facts concern performance and payment.

An ordinary civil recovery process may provide the legally appropriate remedy.

Drafting the section 22-A application

Name the concerned station, describe the report, identify the alleged offence and establish nonregistration.

Attach a verified factual chronology and request the statutorily appropriate police direction.

Avoid demanding arrest or punishment as though section 22-A proceedings determine final criminal responsibility.

Service and follow-through

Once the court issues a direction, obtain the written order and provide it to the relevant authority through the proper channel.

Record whether the authority acted and pursue any further lawful remedy based on actual noncompliance.

A direction to perform a duty is distinct from a finding about the truth of every allegation in the complaint.

Opinion and recommended course

A refusal to register facts disclosing a cognizable offence can be addressed through police supervision and, where applicable, section 22-A(6) before an ex officio Justice of the Peace.

Submit specific facts and reliable evidence, keep proof of the initial complaint and seek the proper procedural direction. Registration is a step in criminal process, not a substitute for investigation and trial.

Principal authorities: Code of Criminal Procedure, 1898, sections 154 and 22-A(6) and relevant private complaint provisions; Pakistan Penal Code for the substantive alleged offence; Constitution of Pakistan, Articles 4 and 10A.