The Country is in its third week of Lockdown and protective measures are taking peek to curb the spread of COVID-19.

We have seen release of prisoners to decongest prisons to follow social distancing norms.

Now, a petition has been filed in the Supreme Court that seeks directions for quashing of FIR’s registered under Section 188 of Indian Penal Code and for any other petty offences during the Corona Virus lockdown.

The petitioner, Dr.Vikram Singh, Chairman of the ‘think tank Centre for Accountability and Systemic Change’ (CASC) submitted in the plea:

 “as per provisions of Sec-195 of Code of Criminal Procedure, 1973 as well as many judgments of this Hon’ble Court and High Courts, no FIR can be registered u/s 188 IPC.”

It was further submitted:

“Section 188 of the IPC must be read with Sec-195 of the CrPC, which mandates that only a Magistrate can take cognizance of an offence under Section 188 IPC, and that too on a complaint submitted by a public servant.”

As per research conducted by CASC, 848 FIR’s have been registered under Section 188 IPC between the period of March, 23,  2020 and April,13, 2020, in 50 Police Stations of Delhi only.

It was stated that as per Uttar Pradesh Government’s Twitter handle, 15,378 FIRs under Section 188 have been registered in Uttar Pradesh against 48,503 persons.

The petitioner submitted that the Central Government in its guidelines issued has recommended action under provisions of 8I and Section 188 of Indian Penal Code against the violators of lockdown.

The petitioner contended that all such guidelines must be first promulgated by public servants in their respective jurisdictions so that they become the law and can be enforced.

The petitioner showed concern towards the different interpretation of the guidelines in different States.

He reasoned that this has rendered all steps taken by Police in the garb of action under Sec-144 of Code of Criminal Procedure, 1993 and Epidemic Act, 1897 unnecessary.

He contended that the Supreme Court has recently directed for release of prisoners from jails to reduce overcrowding, but in contrast to this, the Police is burdening the Criminal Justice System by registering FIRs in petty offences in unlawful manner, which fills jails eventually.

The Petitioner who himself was the DG(P) of Uttar Pradesh submitted that in no way he has any intention of promoting violation of the lockdown and he indeed is well aware of the Police functioning as well as the problems ans sufferings of people who are caught in the wheels of Criminal Justice System.

In view of the above, the petitioner has further sought for directions under the Disaster Management Act, 2005 to the various State Governments to refrain from registering FIRs under Sec-188 or any other petty offences amid Corona Lockdown.

Picture Source :