What will you do if your case is not registered at Police Station

A. Introduction 1.When a cognizable crime occurs, it has to be registered at the nearest Police Station. This is called the First Information Report. FIR is to put law into motion. It is the starting point of investigation. The informant will have to narrate the incident. How the incident happened. Who were the culprits? If they are unknown, their descriptive rolls have to be explained. 2.If the crime is committed against women like throwing of acid under section 326 A(voluntarily causing grievous hurt by the use of acid, punishment not less than ten years but may extend to life imprisonment and with fine. The fine shall be paid to the victim.) or 326 B (Voluntarily throwing or attempting to throw acid, punishment not less than five years but it can extend to seven years with fine), outraging the modesty of the woman under section 354 (To assault or criminal force to women with intent to outrage her modesty, punishment not less than 1 year or which may extend to five years and shall also be liable to fine. In Andhra Pradesh, the punishment was to be not less than five years but it can extend to seven years with fine.),354 A(sexual harassment by physical contacts and advances involving unwelcome and explicit sexual overtures, a demand or request for sexual favours, showing pornography against the will of a woman or making sexually coloured remarks. Punishment three years with fine or both. The punishment for making sexually coloured remarks is one year or fine or with both. In Madhya Pradesh, the punishment for disrobing a woman in a public place is not less than one year which can extend to ten years. The crime under 354A is cognizable, bailable and is triable by any magistrate),354B (criminal force to woman with intent to disrobe, the punishment is not less than three years which may extend to seven years and shall also be liable to fine. The offence is cognizable, non bailable and triable by any magistrate.),354C (Voyeurism (to capture a image of a woman), punishment shall not be less than one year which may extend to three years and shall also be liable to fine or on subsequent conviction, the punishment would not be less than three years but which may extend to seven years and shall also be liable to fine. The first crime in this section is bailable and cognizable but the subsequent crime is not bailable.),354D (Stalking), the punishment is for three years and liable to fine for the first crime, for the subsequent crime the punishment may extend to five years and shall also be liable to fine. The first crime is cognizable and bailable while the subsequent crime is not bailable.) or rape of woman under section 376A (punishment for causing death or resulting in persistent vegetative state of victim, the punishment shall not be less than 20 years and which may extent to imprisonment for life or with death.), 376B(sexual intercourse by husband upon his wife during separation, punishment not less than two years which may extend to seven years and shall also be liable to fine.),376C (sexual intercourse by a person in authority like public servant or superintendent of jail or head of the management of a hospital, punishment is not less than five years which may extend to ten years and shall also be liable to fine),376D(Gang rape, punishment is not less than 20 years which may extend to life and shall also be liable to fine. The fine shall be paid to the victim),376E(punishment for repeat offenders, punishment is for life imprisonment or with death) or word, gesture or the act intended to insult the modesty of woman under section 509 IPC (the punishment with simple imprisonment for a term which may extend to three years or also liable with fine, the crime cognizable and bailable). The information with regard to the above crimes shall be recorded by a police woman officer or any woman officer. 3.If the above incident happens against the woman under the above section, the police officer will have to record the statement of the woman at her residence or at a convenient place of such person’s choice in the presence of an interpreter or a special educator. 4.The recording of such information shall be video graphed and the police officer shall have to get the statement of the person recorded by the judicial magistrate under section 164. Watch Full Video In Hindi On Youtube By Clicking On The Icon 🔻 B. Remedy from senior police officer 1.If the case is not registered by the concerned police station, the aggrieved party can approach the Superintendent of Police. He may send the substance of his information to the S.P. of the district or he may personally meet him and may submit the written petition before him. If S.P. is satisfied that the information submitted by the informant discloses cognizable offence, he shall either investigate the case himself or to direct the investigation to be made by any officers subordinate to him and such investigating officer shall have all powers of an officer in charge in relation to that offence. 2.If the offence has been committed upon woman u/s 326 A, 326B, 354, 354A, 354B, 354C, 354D, 370,370A,376,376A,376B,376C,376D,376E or 509 IPC and if the police officer failed to register the offence, the informant can register a case u/s 166A of IPC against the erring police officer. The punishment for the concerned police officer u/s 166A is not less than six months which may extend to two years and he shall also be liable to fine. C. When a police officer cannot register an FIR? 1.If the crime occurred beyond the jurisdiction of the police station where the informant has lodged information, the police officer will have to register zero FIR and then he will have to transfer that FIR to the Police Station under whose jurisdiction the crime occurred. If the concerned police officer does not write zero FIR, his action is illegal. In the case of Latika Kumari vs Government of U.P., the Supreme Court directed that it is mandatory to register FIR if the information furnished by the informant discloses cognizable offence. 2.If the information is cryptic or the information received on telephone by a police officer without any details as to the identity of the accused or the nature of injuries caused to the victims or the name of the culprit is not known. (Ravishwar Manjhi vs State of Jharkhand,2009), the police officer can refuse to register the FIR. 3.If there is inordinate delay in furnishing the information to the police station by the informant without cogent reason, the police officer can refuse to register the case and may start an inquiry. If upon the inquiry, the cognizable offence is disclosed, the police officer will have to register the offence. In the case of Latika Kumari vs Government of U.P., the Supreme Court held that in case of inordinate delay the police officer will have to start the preliminary inquiry within seven days of receiving the information of offence. D. Judicial Remedy 1.If the SP does not take any action and does not order the lodging of FIR under section 154(3) , the informant can approach the judicial magistrate u/s 156(3) read with u/s 190 of the Crpc. The said magistrate is empowered to take cognizance of the case on receiving such a complaint and he may direct the police officer to investigate the case. 2.However, if the magistrate, after the perusal of the complaint, arrives at the conclusion that the facts disclosed do not warrant registration of an FIR, the magistrate may himself take cognizance of the offence and examine the complainant u/s 200 of the Crpc. If the complaint is not made in writing, the magistrate would examine the complainant and other witness present upon oath and the substance of such examination shall be reduced in writing by the magistrate and shall be signed by the complainant, witnesses and the magistrate. The magistrate conducts an inquiry or trial or may forward the case to another magistrate for conducting inquiry or trial. In case the magistrate has no jurisdiction to conduct an inquiry or trial, he may return the complaint to the complainant u/s 201 Crpc to be presented to a magistrate who has jurisdiction. 3.In case the judicial magistrate does not take cognizance of the information furnished by the informant or does not order the police to register an FIR, the informant can file revision petition u/s 397 of Crpc before a session court. It is pertinent to note that in case a revision petition is preferred, the proposed accused must be heard by the court before deciding such revision application. E. To file writ petition in the High Court/ Supreme Court 1.The aggrieved party or informant failed to get his case registered by senior police officer or subordinate judiciary, he can file a writ petition in the High Court of the State where the offence occurred or the informant can directly file the petition u/s 32 of our constitution for issuing Mandamus to the erring police officer. 2.The aggrieved party can file a writ petition in the High Court to seek compensation if such non registration has caused damage or deprivation of his right to life and personal liberty guaranteed under article 21 of our constitution. F. Filing of petition before State human right commission or national human right commission. 1.The aggrieved party can approach the State human right commission or the national human right commission for the redressal of his grievances. He should enclose all the documents, he had submitted before the police officer or judicial magistrate. G. Conclusion 1.The ministry of home affairs, Government of India issued advisory on dated 12 October 2015. It was made clear that as per section 154(1) of the Crpc, a police officer is duty bound to register a case on the basis of such information disclosing a cognizable offence and FIR has to be registered irrespective of the territorial jurisdiction. 2.Thus, it is mandatory to register the case if the substance furnished by the informant discloses cognizable offence, failing which the erring police officer will have to face the music from judiciary, human right commissions and senior police officers.

What is the First Information Report? What is its evidentiary value ?

 What is the First Information Report? What is its evidentiary value ?

1.The First Information Report is recorded under section 154 Crpc. It is to put law into motion.  

2.The Information is to be given to the Police officer in charge of a police station having jurisdiction to investigate the case. 

3.If the information is given orally it shall be reduced into writing by the officer himself or under his direction. 

4.The information shall be signed by the informant. The information taken down in writing shall be read over to the informant.

5.The substance of the  information is then to be entered by the police officer in a book kept by him in the prescribed form. This book is called a general diary. Under Article 44 of the Police Act 1861. It is mandatory to keep a general diary to make minute to minute details about the work done by police officers, investigation reports of the different cases and cash transactions etc. 

6.Section 154 requires the FIR to be recorded verbatim in the very language of the informant to be read over and explained to him and to be signed by the informant. The idea behind reading over the information reduced into writing and obtaining the signature of the  first informant thereon are intended to ensure that what has been reduced into writing is a true and faithful version of the information given to the officer in charge of the police station.  

7.The informant then shall be forthwith given a copy of the FIR, free of cost. 

8.In the case of Palwinder Singh vs State of Punjab (1997), the Supreme Court held that, “No police officer can refuse to register the complaint if it discloses the commission of cognizable offences.” 

9. According to section 154 (3), if a person is aggrieved by non registration of his case, he may send by post the substance of such information in writing to the superintendent of the police concerned. If the superintendent of the police is satisfied that the information discloses the commission of the cognizable offence, he shall either investigate the case himself or direct an investigation to be made by a subordinate police officer in the manner provided by the court. Such subordinate police officers investigating the offence shall have all the power of an officer in charge of a police station. In relation to that offence. 

10.Provided that if the information is given by the woman against whom an offence under section 326 A, section 326 B, section 354, 354 A, 354 B, 354 C, 354 D, 376, 376 A, 376 AB, 376 B,376 C, 376 D, 376 DA, 376 DB, 376 E or 509 IPC is alleged to have been committed or attempted then such information shall be recorded by a woman police officer or any woman officer.

11.Provided further that in the event that the person against whom an offence under section 354,354 A, 354 B, 354 C, 354 D, 376, 376 A, 376 AB, 376B, 376 C, 376D, 376 DA, 376 DB, 376E or 509 IPC is alleged to have been committed or attempted or temporary or permanently is mentally of physically disabled, then such information shall be recorded by police officer at the residence of the person seeking to report such offence or at a convenience place of such person’s choice in the presence of an interpreter or a special educator, as the case may be.

12.The recording of such information shall be videographed. The police officer shall get the statement of person recorded by judicial magistrate under section 164 Crpc as soon as possible. 

Registration of FIR is mandatory 

1.In the case of Lalita Kumar vs Government of UP, the Supreme Court held that the officer concerned is duty bound to register the case on the basis of information disclosing commission of cognizable offence. Thus, it is a mandatory provision. However, if no cognizable offence is made out in the information given, then the FIR need not be registered immediately and the police may conduct a preliminary inquiry in order to ascertain as to whether a cognizable offence has been committed or not. These cases may pertain to family disputes, marriage related issues, corruption charges, medical negligence or economic offences  investigated by CBI etc. 

2.In the youth bar association of India vs Union of India, the Supreme Court held that all the FIRs registered in police stations, except those offences of sensitive nature are required to be uploaded on the official website of all States. 

3.The obligation to register FIR has been mandated because it is the first step to access justice to victims. It upholds the rule of law. It facilitates swift investigation. It avoids manipulations in criminal cases.  

4.Where an anonymous telephonic message did not disclose the names of the accused nor did it disclose a commission of a cognizable offence, it was held by the Supreme Court in the case of Tapinder Singh vs State (1970) that  such a message could not be held as FIR. 

5.In the case of Tehal Singh vs State of Rajasthan (1989), the Supreme Court held that telephonic message received by an officer in charge in police station from an ascertained person, reduced into writing discloses commission of a cognizable offence and is not cryptic or incomplete in essential details, constitute a FIR. 

6.In case of more than one person making statements to the police about the same cognizable offence, in such a situation the police officer will use common sense and record one of the statements as FIR. 

7.Statements recorded by the police in respect of a cognizable offence can be considered and used as FIR if the same is recorded before the commencement of the investigation, but not otherwise.

Evidentiary value of FIR

1.It is a settled law that a FIR is not substantial evidence. However, its importance being the earliest information regarding the occurrence cannot be doubted. Though the FIR is not substantive evidence, it can be used to corroborate the informant under section 157 evidence act or to contradict him under section 145 of the evidence act. 

2.The FIR should be lodged with the police at the earliest opportunity after the occurrence of a cognizable offence. Delay in lodging the FIR results in embellishment, exaggerated account or concocted story. Thus it is essential that the delay in lodging the FIR should be satisfactorily explained. In the case of P Rajgopal vs State of Tamil Nadu, the Supreme Court held that undue delay in lodging the FIR gives rise to suspicion which puts the courts on guard to look for the possible motive and cast doubt on the prosecution version of trustworthiness.

3.If the FIR is given to the police by the accused himself it cannot possibly be used either for corroboration or contradiction. The accused cannot be the prosecution witness. 

4. If FIR is of a confessional nature,it cannot be proved against the accused informant as it would be hit by section 25 of evidence act because no confession made to a police officer shall be proved as against a person accused of an offence. 

5.If the FIR given by the accused is non-confessional, it may be admissible in evidence against the accused as an admission under section 21 of evidence act or showing his conduct under section 8 of evidence act. 

6.If the first informant dies, the FIR can be used under section 32 (1) of the evidence act. 

Why was Congress established in 1885?

Why was Congress established in 1885?

Why is it in the news?

1.The Congress celebrated 139th foundation day and kick started Lok Sabha election campaign with a mega rally in Nagpur.

2.The Congress president Mr. Mallikarjun Kharge said that the objective of Indian National Congress was public welfare and progress of the people of India.

3.The Congress believes in an India that is based upon parliamentary democracy, equality and opportunities for all without any discrimination and the preservation of political, economic and social rights enshrined in the constitution of India. 

Introduction

1.Congress spearheaded the freedom movement after its foundation in 1885.

2.In its initial phase from 1885 to 1905, Congress fought for Indianisation of services, constitutional reforms, self government, separation of judiciary from executives, development of agricultural banks, betterment of the condition of workers and an urge for freedom of speech, the press and to make association and stoppage of syphoning of national resources of India to Britain. 

3.In the second phase from 1905 to 1919, Congress adopted belligerent policies of swadeshi and boycott on account of partition of Bengal. 

4.In the third phase starting from 1919 to 1947, Gandhi ji launched Non-cooperation movement in 1920, Civil disobedience movement in 1930 and Quit India Movement in 1942. Thus, Gandhi ji made congress a mass movement, awakened people and finally forced the British to Quit India in 1947. 

Why was Congress founded in 1885?

1.One of the reasons assigned for the foundation of Congress was that it was started by A.O. Hume under the guidance and direction of viceroy Lord Dufferin in order to provide a peaceful safety valve or constitutional outlet for the rising discontent among the masses. It is asserted that India was on the boil. Discontentment was brewing up. So, by founding the Congress, the revolutionary spirit of the Indian people was suppressed.  

2.It is suggested that Britishers took lessons from the Revolts of 1857. They pinpointed that one of the reasons for the Revolts of 1857 was that there was no connectivity between Indian Natives and the British ruling class. Just after the Revolts, Sir Sayyed Ahmad Khan brought out a leaflet showing that the 1857 Revolts occurred because no mechanism was developed by Britishers to know the aspirations of Native Indians. This distanciation between the ruling class and the ruled subjects was the main cause of the upheaval. Taking lessons from the Revolts of 1857, the noted historian R. Palme Dutt said that the Britishers brought Congress into existence for safeguarding British rule against the rising forces of popular unrest and anti-British feeling. 

3.Another theory is that the foundation of Indian National Congress was not a sudden event. It was the culmination of the process of political awakening that was taking place in the year of 1870s and in 1880s. 

Rise of Nationalism 

The foundation of Congress took place because of the genesis of Nationalism of India in the second half of the 19th century. The foreign domination caused National sentiments among the people. The British rule caused a clash of interest between the Indian interest and the British interest. The British converted India into a colony to subserve the interest of the mother country. Every section of the Indian society got frustrated over British rule. The peasants had to suffer because of the heavy land revenue tax. Artisans were ruined because of the foreign competition. The Indian intelligentsia discovered that the British rule was making Indians economically backward. The British Government and its officials stifled freedom of press and expression. Only zamindars, the landlords and the native princess were hands in gloves with Britishers because their interests coincided with the British interest. 

Social and religious movements

The religious and social movements launched by Ram Mohan Roy, Dayanand Saraswati, Swami Vivekanand, Sir Sayyed Ahmad Khan, Dada Bhai Nauroji, Justice Ranade instilled a sense of nationalism among Indians. 

Foundations of different organisations before Congress 

1.Ram Mohan Roy was the first Indian leader to start agitation for political reform in India. Through his strenuous efforts, he got the Sati system abolished in India. 

2.Many public associations were started in different parts of India by wealthy and awakened Indians.

3.In 1866, Dada Bhai Nauroji organised the East India Association in London to discuss the Indian question and to awaken the British public about the problems of native Indians. He was the first Indian to get elected to the British Parliament. 

4.The British association in Bengal was formed to safeguard the interest of zamindars. Similarly, the Bombay association and Madras native association were formed. But these associations lost touch its anti-British sentiments and instead became reactionary.

5.Surendranath Banerjee and Anand Mohan Bose founded the Indian association in July 1876. Its aim was the unification of Indian people under a common political programme.

6.Justice Ranade constituted Poona Sarvajanik Sabha in 1870. 

7.M. Vir Raghavachari, G. Subramanya Iyer and Anand Charlu formed the Madras Mahajan Sabha in 1884.

8.Firoz Shah Mehta, K.T. Telang, Baddruddin Tayyabji formed the Bombay presidency association in 1885. 

9.All these associations were formed to fight against British rule and its exploitative nature. However, their scope was limited and could not become an all India organisation.

10.Against this background Indian National Congress was founded in 1885 at Bombay. Its first president was W.C. Banerjee. 72 delegates participated in the foundation ceremony. The founder A.O. Hume became the first general secretary of the Congress.

Conclusion

1.Thus, the Congress was founded on account of the National feeling arising out of foreign domination. As it has been observed that several organisations were formed by prominent Indians to conduct political activities but they lacked all India character. 

2.A.O. Hume succeeded in establishing the Indian National Congress because he had tacit support of the then viceroy Lord Dufferin. According to G.K. Gokhale, No Indian could have succeeded in establishing an organisation of all India character because of the distrust between the British rulers and the native Indians and would have suppressed the movement. That’s why stalwarts like Dada Bhai Nauroji, Firoz Shah Mehta, Justice Ranade, G Subhramanya Iyer and Surendranath Banerjee cooperated with A.O. Hume so that the British Government should not have become suspicious and attacked the congress in its initial stage of formation. Had A.O. Hume not formed the Congress, others would have formed an organisation of All India Character to fight back Britishers for political, economic and social rights. 

Why do courts acquit criminals/accused?

 

Why do courts acquit criminals/accused?

Why is it in the news?

As per the news item published in the reputed Newspaper at Indore, the court acquitted three accused charged with murder and kidnapping of a 13 year old son of a medical shop owner. It was contended that most of the witnesses turned hostile and so the court acquitted the accused. The mother of the dead son was in the precinct of the court and she started sobbing but the accused came out with their smiling faces. Thus, the boy, who was killed, did not get justice even after his death.

Introduction

1.Once a crime is committed, the Police register FIR. Investigation goes on. 

• The investigation of an offence consists of proceeding of the investigating officer to the spot, ascertainment of facts and circumstances of the case, discovery and arrest of the suspected offenders, the examinations of various accused and the search of places or seizure of things considered necessary for the investigation and finally, formation of the opinion as to whether on the basis of materials collected, there is a case to present accused before the magistrate for trials and if so, taking the necessary steps by filing of a charge sheet under section 173 of crpc.

2.If there is sufficient evidence, the investigating officer produces a charge sheet in the court. The court starts the trial proceedings whereby examination chief, cross examination and re-examination of the witnesses, complainants and accused take place. The relevant documents are exhibited in the court of law before the accused. The Judge either convicts or acquits the accused on the basis of evidence brought before him. 

3.If there is sufficient evidence, the court convicts the accused as per the provision of Indian Penal court. If the court is not satisfied with the evidence brought before it, it may acquit the accused. 

Causes of the acquittal of the accused 

The acquittal of an accused can be attributed to the complexities of so many factors. These are -

• Insufficient evidence- If the prosecution fails to establish the guilt of the accused on the basis of insufficient evidence incriminating the accused, the court can acquit an accused. 

• Reasonable doubt- It is the duty of prosecution to prove the involvement of the accused in the crime beyond reasonable doubt. If the defence successfully introduces doubt about the involvement of the accused in the case, the court can give a verdict in favour of the accused by acquitting him. 

• Illegal evidence - If the court comes to the conclusion that the prosecution has obtained evidence unlawfully, it may not admit that illegal evidence in the court and this may lead to acquittal of the accused.

• False confessions - If defence proves that the confession of the accused was obtained by coercion, temptation, allurement or under duress, the court may not admit those confessions by the accused and this may lead to acquittal.

• Credibility of witnesses - If witnesses are inconsistent, biased , and their statements are contradicted by other evidence, it may create scepticism in the mind of the judge and he may acquit the accused because of the lack of accuracy among witnesses. 

• Failure in identification of unknown accused and stolen goods may lead to acquittal of accused.

• Alibi - If the defence successfully establishes the fact that the accused were far off from the place of occurrence of crime and it was not humanly possible to reach the place where the crime occurred, the court may presume that the accused are not involved in the commission of crime.

• If the expert testimony is challenged by the defence and their methodology or expert testimony is successfully impeached, the court may presume that the expert's testimony were vitiated and so it may acquit the accused. 

• Lack of jurisdiction- on account of lack of jurisdiction, the court can also acquit and accuse.

• Statutes of limitations -  The law dictates a specific time limit within which charges must be found. If the prosecution brings charges after the statute of limitation has expired, the accused may be acquitted due to the legal time limit. 

• Poor investigation - Investigation is the process of linking the chain of circumstances under which the crime occurred and the crime detected. If the Investigating Officer fails to establish the link of the occurrence and the detection of the crime and if there is a missing link, the court may acquit the accused. 

• Procedural violations - failure to adhere to legal procedure during evidence collection, statement of witnesses, arrest, searches can render evidence inadmissible in the court. 

• Political influence - Pressure from higher authorities or political masters can compromise the independence and impartiality of the investigation leading to the acquittal of the accused. 

• Resourceful and powerful accused - Sometimes accused are so powerful politically and economically that they exert enormous pressure upon witnesses, the police and the court. Moreover, these powerful accused hire reputed lawyers to defend their case. While the complainant and his government advocate can not match the legal knowledge and expertise of defence lawyers. This leads to the acquittal of the accused. 

• In addition, lack of expertise of the investigating officer, procedural violation, inadequate training and prejudice of the investigating officer are other factors for the acquittal of accused. 

Impact of acquittal of the accused on the society 

Society is disturbed whenever wrongful convictions take place or guilty individuals are acquitted. This leads to the erosion of public trust in law enforcement. The confidence of people in the criminal justice system is also shaken. Law and order situation worsens. Anarchy prevails. The prestige of police ebbs in the eyes of people. 

Conclusion

Acquittals of an accused occur on account of several factors. It is therefore pertinent that the comprehensive legal procedure is followed. The rights of the accused are safeguarded. The evidence is collected and scrutinised before producing them into the court of law so that the court can trust them. It must be remembered that as per the jurisprudence, every accused is innocent until proven guilty by the court. Efforts should be made to cross examine witnesses and accused in such a way that the court is satisfied with the collection of evidence and its authenticity.