Response

In your situation, keeping in mind the facts of the case, an NCR (Not Criminally Responsible) can be converted into an FIR as long as the right details are given. However, if the police do not file an FIR then you can write an application to the Superintendent of Police concerned, by post under clause 3, Section 154 and Section 36 of the Criminal Procedure Code who in case of a cognizable offence, can either investigate the case himself or direct any police officer subordinate to him to investigate the case. You can also approach the corresponding magistrate, who under the provision of clause 3, Section 156 of the Criminal Procedure Code, 1973 or any second-class magistrate empowered by the chief judicial magistrate under clause 2, Section 190 of the Criminal Procedure Code, 1973 can check on the duties and actions performed by the police.

A criminal complaint can also be filed under Section 200 of the Criminal Procedure Code,1973 which provides for an examination of the complainant and the witness upon oath. It is written and is signed by the complainant, witnesses, and by the Magistrate. A complaint can be filed with the State Human Rights Commission or the National Human Rights Commission (NHRC) about the inaction of the police for the complaint filed.

Reference:

20210066202100412230

LAWAYZ-2023-90