Section 22-A Cr.P.C. in Pakistan: How to Get an FIR Registered When Police Refuse

Few problems in the Pakistani criminal justice system are as common, or as frustrating, as the refusal of police to register a First Information Report. A citizen goes to the police station, reports a cognizable offence, and the Station House Officer either turns them away, tells them to "settle the matter privately," or simply refuses to put pen to paper. The practice is illegal. Section 154 of the Code of Criminal Procedure, 1898 makes the registration of an FIR mandatory when the information discloses a cognizable offence. But the law on the books and the law in practice have long been two different things.

In 2002, Parliament introduced Sections 22-A and 22-B into the Code of Criminal Procedure through the Criminal Procedure (Third Amendment) Ordinance, 2002. These provisions created a remedy: a citizen whose complaint has been refused by the police can apply to an Ex-Officio Justice of Peace, who has the power to direct the police to register the FIR. This article explains how the system works, what the courts have said about it, and how to use it effectively.

The Mandatory Duty to Register an FIR

Before examining the remedy under Section 22-A, it is important to understand the underlying duty. Section 154 of the Cr.P.C. provides that every information relating to the commission of a cognizable offence, if given orally, shall be reduced to writing by the officer in charge of the police station, and a copy of the information so recorded shall be given forthwith, free of cost, to the informant. The word used in the section is "shall." It is not discretionary. The police officer has no authority to conduct a preliminary inquiry before registering the FIR when the information discloses a cognizable offence. He must register it first and investigate afterwards.

This principle has been confirmed by the Supreme Court of Pakistan in numerous judgments. The Court has held that when a cognizable offence is reported, the SHO of the concerned police station is bound to register an FIR under the mandatory provisions of Section 154. The police have a statutory duty, and their failure or refusal to carry it out is itself a violation of law.

Who Is an Ex-Officio Justice of Peace?

Under Section 22-A(1) of the Cr.P.C., Sessions Judges and Additional Sessions Judges in each district are designated as Ex-Officio Justices of the Peace (EOJPs). In some provinces, Magistrates of the First Class have also been designated. The EOJP is not a police officer and has no investigative role. His function is to act as a check on the police when they fail to perform their statutory duties.

Section 22-A(6) confers three specific powers on the EOJP. First, the power to issue appropriate directions to the police authorities on a complaint regarding the non-registration of a criminal case. Second, the power to direct the transfer of investigation from one police officer to another. Third, the power to take note of any neglect, failure, or excess committed by a police authority in relation to its functions and duties.

The Application Process

The process for filing an application under Section 22-A is straightforward but should be done carefully. The applicant, who is typically the victim or complainant, files a written application before the court of the Sessions Judge or Additional Sessions Judge of the district where the police station is located. The application should state the facts of the offence, identify the relevant sections of the Pakistan Penal Code or other applicable law, state the date on which the complaint was made to the police, identify the police station and the officer who refused to register the FIR, and request the court to direct the police to register the case.

It is helpful to attach supporting documents: a copy of the written complaint that was given to the police (with the date stamp, if available), any written refusal from the police, copies of CNICs for identification, and any other evidence that supports the complaint. While there is no mandatory format prescribed by law, most districts have developed a standard form (Form-C in some jurisdictions) for such applications.

The court typically issues notice to the SHO and, in some cases, the DPO or SSP of the district, requiring them to appear or file a response within a specified period. The court may also hear the applicant and the police officer before deciding whether to issue a direction.

What the Court Can and Cannot Do

The EOJP has the power to direct the police to register an FIR. However, the Supreme Court has clarified important limits on this power. The EOJP cannot determine whether the accused is guilty or innocent. That is a matter for investigation and trial. The EOJP cannot quash an FIR or direct the police not to register one. The EOJP's function is limited to ensuring that the machinery of criminal justice is set in motion when a cognizable offence is reported. Once the FIR is registered, it is for the police to investigate and for the courts to try the case.

The landmark judgment in PLD 2016 Supreme Court 581 settled several important questions about the nature of the EOJP's jurisdiction. The Court held that the functions performed by the Ex-Officio Justice of Peace are quasi-judicial in nature and cannot be termed as executive, administrative, or ministerial. The Court further held that these functions are complementary to those of the police and do not amount to interference in the investigative domain. This judgment put to rest the argument, frequently raised by police authorities, that the EOJP's directions constituted an impermissible intrusion into police independence.

Section 22-B: Duties of the Police

Section 22-B complements Section 22-A by placing specific duties on the police. It requires every officer in charge of a police station to keep a register in which every complaint is recorded, whether or not it results in the registration of an FIR. It also requires the police to provide a receipt to the complainant acknowledging that the complaint has been received. This provision was designed to create a paper trail, making it harder for police officers to deny that a complaint was ever made.

In practice, compliance with Section 22-B remains uneven. Many police stations still do not maintain proper complaint registers, and complainants are often not given receipts. However, the existence of the provision is valuable in litigation: if the complainant can show that he attended the police station and was refused an FIR, even without a written receipt, the court is likely to draw an adverse inference against the police.

Alternative Remedies

Section 22-A is not the only remedy available when police refuse to register an FIR. A citizen can also file a constitutional petition under Article 199 of the Constitution before the High Court, seeking a writ of mandamus directing the police to register the case. This remedy is available when there is no other adequate remedy under the law, or when the 22-A route has been exhausted without result. Additionally, in some cases, a direct complaint under Section 200 of the Cr.P.C. can be filed before a Magistrate, bypassing the police entirely. This route is particularly useful in non-cognizable offences or where the complainant fears police hostility.

However, for most citizens, the Section 22-A route remains the most practical and accessible remedy. It does not require a constitutional petition, which can be expensive and time-consuming. It is heard at the district level, which is geographically closer to the complainant. And it provides a clear, enforceable direction to the police.

Practical Tips for Applicants

Anyone approaching the EOJP under Section 22-A should bear several points in mind. First, before filing the application, make a written complaint to the SHO and keep a copy. If the SHO refuses to give an acknowledgment, send the complaint by registered post and keep the postal receipt. This creates evidence that the police were approached and refused. Second, draft the application clearly and concisely. Set out the facts, identify the offence, and explain why the FIR should be registered. Avoid unnecessary detail about the merits of the case; the EOJP's role is not to evaluate the evidence but to direct registration. Third, be prepared for the hearing. Bring all documents, including the written complaint, any refusal, ID documents, and any evidence supporting the complaint. Fourth, if the EOJP directs the police to register the FIR, obtain a certified copy of the order and present it to the police station promptly. If the police still refuse, the matter can be escalated to the High Court.

The right to have a crime registered and investigated is a fundamental component of the rule of law. Sections 22-A and 22-B exist to protect that right. They are not perfect remedies, and they do not always work quickly, but they provide citizens with a legal tool to challenge police inaction and to insist that the criminal justice system does its job.