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No Direct FIRs in 31 Categories including Dowry Harassment and DV Act. Magistrate Complaint Mandatory under BNSS, Action Must Against False Cases. Circular Issued by Rajiv Krishna - DGP, UP.

DGP (Uttar Pradesh) Rajiv Krishna, has issued a circular restricting the direct registration of FIRs in 31 categories of cases, including dowry harassment and cheque bounce matters.

Following the strong remarks by Allahabad High Court in Aniruddh Tiwari v. State of UP, where Court objected to the registration of an FIR under Section 82 BNS, stating that such action violated procedural requirements.

Court clarified that under Section 219 of BNSS, courts cannot take cognizance of offences u/s 81 to 84 of BNS unless a complaint is filed directly by the aggrieved person to the magistrate.

It emphasized that in such complaint-based offences, initiation must be through a private complaint before a magistrate, and not through police FIRs, rendering such FIRs legally unsustainable.

Acting on these remarks, DGP directed all police officials that FIRs must not be registered where the law requires direct recourse to the court, and individuals must first approach a magistrate.

Police officers, including SHOs and IOs, have been instructed to carefully scrutinize complaints to determine whether a police report is legally maintainable before registering an FIR.

In addition, DGP has issued strict directions to take action against false complaints and witnesses. Where, after investigation, allegations are found to be false and a closure report is filed, it will be mandatory to initiate proceedings against the complainant and false witnesses.

Such action will be taken under Sections 212 and 217 of BNS (earlier Sections 177 and 182 IPC), which penalize furnishing false information. While these provisions already existed in law, DGP has now directed their strict and mandatory enforcement.

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