Citizen Right


Logding FIR/ Complaint

According to law, after a Complaint of an Offence is given, it should be immediately registered and it is the right of the Complainant to receive a Copy of the First Information Report (FIR) or NC (Non Cognizable Offence), as the nature of the complaint suggests. If Police refuses to register Complaint, the same can be sent by Post/ Telegram, to that Police Station or to Superintendent of Police of the district.

In case of Non Cognizable Offences, after registering the same, since Police do not investigate the case, Complainant must be advised to approach the Magistrate court for further action. The address of Magistrate Court may be obtained from the Police Station itself.

Police cannot evade registering an offence on the plea that they do not have Jurisdiction. It is necessary that Offence is registered and the same is sent to the Police Station concerned.

If Police refuses to register complaint, than a Complaint may be made to Judicial/ Metropolitan Magistrate UNDER SECTION 200 OF Criminal Procedure Code 1973, requesting that either the Police be directed to register an FIR and initiate investigation or the Magistrate may be requested to take cognizance of the Complaint so filed before it and process of summons may be issued against the accused.

WHO CAN LODGE AN F.I.R.?

(1) Who is an aggrieved person or some body on his behalf. (2) By any person who is aware of the offence OR who is a witness to any offence. (3) Provided the person in possession of the hearsay is required to subscribe his signature to it and mention the source of his information so that it does not amount to irresponsible rumors. The rule of law is, if general law is broken any person has a right to complain whether he has suffered an injury or not. (4) By the accused himself. (5) By the SHO (Station House Officer) on his own knowledge or information even when a cognizable offence is committed in view of a officer incharge he can register a case himself and is not bound to take down in writing any information. Under the order of Magistrate u/s 156 (3) Criminal Procedure code, when a complaint is forwarded to officer incharge without taking cognizance. If information is only hear say, then SHO should register case only if person in possession of hearsay subscribes his signature to it and mentions the source of his information so that it does not amount to irresponsible rumors. The information must be definite, not vague, authentic, not baseless, gossip or rumors, clearly making out a cognizable case.

WHAT ACTION CAN BE EXPECTED FROM THE POLICE IN NON-COGNIZABLE OFFENCE ?

1. The information regarding non-cognizable offence ought to get lodged in the Daily Diary Register. 2. Complainant ought to get advised & briefed properly to approach the Court. 3. Police officer can not investigate into the Non-cognizable cases without the order of the court hence complainant should be informed. 5. If an order regarding investigation into non-cognizable cases is received, the same procedure should be adopted as in the cognizable cases. 6. Orders of the court should be obtained to arrest the accused in Non cognizable cases after the investigation. 7. If one of the offences in the commission of crime is cognizable office then Non-cognizable offence should also be investigated in the same manner( as Cognizable offences are investigated.

WHAT DOES THE POLICE DO WHEN THE COMPLAINTS ARE DOUBTFUL ?

If the information or other intelligent relating to the alleged commission of a cognizable offence is such that an officer-in-charge of the police station has reason to suspect that the alleged offence has not been committed, he shall record the same in the station diary along with his reasons for not investigating the crime and also nullify the informer.

Inspector or Supervising Officer can direct the investigation in such case and may send the report to the District Magistrate for perusal and order.

Finger Tips:

1) FIR should be lodged immediately. The longer the delay, the stronger the suspicion. The delay should satisfactorily be explained. Delay, if any, in registering the case should be recorded in FIR. 2) Written complaint should be given. But complainant should be specific while giving written statement. 3) Written statement should be duly signed or put thumb impression. 4) Only a report of cognizable offence should be lodged in FIR. 5) Place, Date & Time of occurrence should be mentioned in the FIR. 6) Arrival & Departure of the informer should be mentioned in the FIR as well as Daily Dairy Register. 7) Four copies of FIR should be prepared simultaneously by carbon paper process. 8) FIR should be lodged in neat & clean hand writing and be kept in safe custody being a permanent record. 9) A copy of FIR should be sent to Magistrate concerned immediately. 10) A copy of FIR should be provided to the complainant free of cost. 11) Care should be taken that all the material facts are mentioned in FIR as known to the complainant. 12) If information is available at the time, Names of the accused persons should occur in F.I.R., if not, FIR can be registered in unknown accused person. 13) An FIR once registered can only be quashed (cancelled) by High Court concerned.

Police If incorrectly framing FIR:

When the victim or anybody on his behalf approaches the Police station to register/ file complaint, whether in the nature of Cognizable offence ( FIR) or Non Cognizable (N.C.) offence, it is the responsibility of police to correctly take down the complaint and thus register FIR or NC as the nature of offence so emerge from the complaint. Also, if the Complaint comprises both Cognizable and non Cognizable offences, then the offence should be treated as Cognizable Offence and thus FIR should be registered. Yet, if Police manipulate with registering FIR to NC or the other way round, then they may be charged with offence u/s 218 of IPC.

A copy of Every FIR or NC so registered by Police must be sent to respective Judicial/ Metropolitan Magistrate within 24 hours so that it cannot be tempered with.

Also, a Person instead of going to Police, may directly approach Judicial/ Metropolitan Magistrate to file an Complaint u/s 190 of CrPC and thus the Magistrate on the merits of the case may direct the Police to register FIR/NC and investigate the case

While Arrest

The following procedures are to be followed while making an arrest:

  1. That Policemen must wear visible and legible identification when arresting a person and when carrying out interrogation. Names and Particulars of police personnel handling interrogation must be recorded in the register.
  2. It is the right of every person detained or questioned by Police to know the grounds for detention or questioning.
  3. The Person arrested must be made aware of his right to have someone informed of his arrest Or detention as soon as he is put under arrest or detention.
  4. A person arrested must be produced before a Judicial Magistrate/ Judge within 24 hours of his/her arrest.
  5. A person arrested should be medically examined at the time of arrest and major & minor injuries on arrested person be recorded in Inspection Memo duly signed by both Police Officer carrying out the arrest and the person arrested and the copy of this memo be provided to the person arrested.
  6. Any person arrested must be medically examined by a doctor from an independent and approved panel of doctors, every 48 hours during detention.
  7. Arrest or Search of women should only take place in presence of Women Police Officers and it should not take place in night. And women should be detained separately from men.
  8. While an accused is in Police custody, his lawyer should be permitted to visit him.
  9. Information of the arrest of accused person should be given to the district Control Room and the State Police Headquarters.
Police Torture and Brutality

Police Torture and Brutality

Every offence is classified as either Bailable or Non bailable. The offences which are minor in nature are usually classifieds as bailable and In case of Bailable offences; it is binding on Police officer to grant bail if the person arrested produces proper surety.

In cases of Non Bailable offences, the Police may arrest the alleged offenders as stated hereinbefore and Police has no powers to grant bail, the decision is taken by Judicial Magistrate/ Judge only. In such cases the accused may seek bail from Judicial Magistrate/ Judge concerned through his representative/ Lawyer when he is produced within 24 hours of his/her arrest. Also, if he has been subjected to any beating or torture, the same should be brought before the Judicial Magistrate/ Judge. However, in bailable offences the Police are obliged to follow directions given by Supreme court in Joginder kumar case as discussed hereinbefore.

Steps During Accidents

Steps During Accidents

Every offence is classified as either Bailable or Non bailable. The offences which are minor in nature are usually classifieds as bailable and In case of Bailable offences; it is binding on Police officer to grant bail if the person arrested produces proper surety.

In cases of Non Bailable offences, the Police may arrest the alleged offenders as stated hereinbefore and Police has no powers to grant bail, the decision is taken by Judicial Magistrate/ Judge only. In such cases the accused may seek bail from Judicial Magistrate/ Judge concerned through his representative/ Lawyer when he is produced within 24 hours of his/her arrest. Also, if he has been subjected to any beating or torture, the same should be brought before the Judicial Magistrate/ Judge. However, in bailable offences the Police are obliged to follow directions given by Supreme court in Joginder kumar case as discussed hereinbefore.

Panchnama

Panchnama

  • It is essential that a panchanama, in respect of an arrest, search, seizure etc. should always be made at the site of the occurrence of the accident or offence and the signatures of the panchas/witnesses should be obtained thereon.
  • An accused/a person whose premise has been searched, must get a copy of the Panchnama.
  • It is necessary that two panchas remain present while a Panchanama is being drawn and their signatures should be obtained on it.
  • After paying the fees, in form 'AA', a copy of the Panchanama drawn at the site of an accident can be obtained.