What legal actions can be taken in non cognizable offence ?

 

What legal actions can be taken in non cognizable offence ?

1.Introduction

• On the basis of the seriousness of the offence, they can be classified in the following ways.

• Bailable and non bailable offence 

• Cognizable and non cognizable offence 

• Compoundable and non compoundable offence

A. Bailable offences are those offences in which the accused has the right to get bail. When such a crime occurs, the SHO cannot deny bail to the accused. 

Non-Bailable offences are those offences in which SHO of a police station cannot give bail to the accused except in exceptional circumstances. Only courts are empowered to give bail to the accused. 

B. Cognizable offences are those offences in which it is mandatory for the SHO to register the case at the police station. He can arrest the accused without warrant and investigate the case without the prior court order. Cognizable offences are generally heinous in nature. The seriousness of the offence depends upon the maximum punishment provided for the offence. By and large, offences punishable with imprisonment for not less than three years are taken as serious offences and have been put under cognizable offences. These are murder, rape, kidnapping, theft, dowry death, waging war against the Government of India, criminal breach of trust, unnatural sex under section 377 IPC. 

Non-Cognizable offences are those offences which cannot be registered without the permission of the court having the jurisdiction over the police station. Police cannot arrest the accused without a warrant. Nor can it start the investigation. These offences are non serious in nature. Offences relating to marriage u/s 493-497 IPC are punishable for more than 5 years, they are non-cognizable offences because they are in the nature of private wrongs. The crimes of cheating u/s 417, forgery u/s 465, assault u/s 352, defamation u/s 500, causing miscarriage u/s 312, voluntarily causing hurt u/s 323, come under  non-cognizable offence. 

It may be noted that certain offences which are not punishable with imprisonment for three years or more have been made cognizable. Offences against the public tranquillity under chapter 8 of IPC are punishable less than three years of imprisonment yet they have been made cognizable. Similarly, negligently doing any act to spread infection of any disease being dangerous to life u/s 269-270, offence of defiling water of public spring u/s 277 or offence of dealing with any poisonous or explosive substance so as to endanger human life u/s 284,285,286 IPC or uttering any word or gesture to insult the modesty of woman u/s 509 of IPC have been made cognizable even though the punishment provided for them is not severe. 

Similarly, under the protection of civil rights act 1955, the punishment is 6 months or /and with fine, but offences under this act have been made cognizable. 

2.Powers of the Police Officers to investigate a non cognizable offence

• The Police officer is not authorised to register the case in non cognizable offence. 

• The police cannot arrest any person without warrant in matters relating to a non cognizable offence. Nor can it initiate investigation on its own. 

• The police officer must seek an order from the magistrate u/s 155(2) Crpc to initiate the investigation of the case. In the case of K P Mohammand vs State of Kerala (1981), the Supreme Court held that “if a police officer investigates a non cognizable offence without the prior order of the magistrate, it may be considered as violative of article 21 of the constitution.” The court held that “if a breach is not noticed at an early stage and the trial is concluded, the defect or illegality of investigation would not vitiate trial, unless it causes prejudice to the accused and results in the miscarriage of justice in terms of section 465 of Crpc.” 

• However, when two or more offences have occurred in which one case pertains to cognizable offence and other offences are under the category of non-cognizable, the entire case will be treated as cognizable offence and police are not required to take permission from the magistrate to lodge FIR or register and investigate the case. 

• It is open to the magistrate either to grant permission or refuse to grant permission in such cases. Where he permits for the initiation of investigation, he will have to give a speaking order as to the reason for his permission in detail.  

• The magistrate can be approached either by the complainant or the concerned SHO of the police station in matters relating to non cognizable offences.  

• If a magistrate is not empowered and erroneously orders in good faith an investigation u/s 155(2), the proceedings shall not be set aside merely on the ground of his not being so empowered according to section 460 (b) of Crpc. 

• It will be unlawful for the SHO to register the FIR in non-cognizable offence and then approach the magistrate having jurisdiction for permission. 

• Once the magistrate has permitted to register the case in non- cognizable offence, the SHO will register a first information report and will send a copy of the report to the magistrate having jurisdiction u/s 158 of the Crpc. The report should be sent to the magistrate without any delay. However, the police will not arrest the accused without a warrant. 

3.Difference between grievous hurt and simple hurt ?

• U/s 319, hurt is defined to voluntarily cause bodily pain, disease or infirmity to any person. 

• U/s 320, grievous hurt is defined as the hurt of the following kinds - 

1. Emasculation

2. Permanent privation of the sight of either eye

3. Permanent privation of the hearing of either ear

4. Privation of any member or joint

5. Destruction or permanent impairing of the powers of any member or joint.

6. Permanent disfiguration of the head or face.

7. Fracture of dislocation of a bone or tooth

8. Any hurt which endangers life or which causes the sufferer to be during the space of 20 days in severe bodily pain or unable to follow its ordinary pursuits.

• If the hurt is not covered u/s 320 Crpc, they are simple hurts or injuries. 

4.Kinds of wounds 

• A wound is an injury that breaks the skin or other bodily tissue. 

• Wounds can be of two kinds - open and closed. In the open wound the skin is broken and the body tissues are exposed. In the closed wound, tissues are damaged underneath the skin. 

• In the open categories of wounds, mentions may be made about by sharp edged weapon like Punctured wound, Incised wound and Surgical wound

a. Thermal, chemical, and  electric burns

b. Bites and Stings

c. Gunshot wounds 

• Wounds caused by blunt force/weapon  -

A .Abrasions

B .Laceration

C .Skin tears

• Closed wounds are caused by blunt force. Though the injured tissue is not exposed there can be bleeding and damage to the underlying muscle, internal organs and bones. 

• Measure types of closed wounds are -

A. Contusions or bruises 

B. Blisters

C. Seroma

D. Hematoma

E. Crushed injuries

• The other closed wounds are caused by ulcer on account of diabetes mellitus and cancer

5.Conclusion

• As we have narrated above, the police cannot deny to register the case with regard to open wounds caused by sharpened edged weapons or otherwise like burns or gunshot injuries. But where the complainant or the injured person got closed wounds like contusions or bruises or seroma, hematoma, blisters or crush injuries, the police adopt the dilly-dally tactics and register the case u/s 155 of Crpc. The substance of the case is entered into the non cognizable register and a copy of the said report is given to the complainant for lodging his complaint in the court. Where the complainant is resourceful and politically powerful, the police register converts non cognizable offences into cognizable offences by adding sections 294, 506 B of IPC. Thus, in the non cognizable offence which is also called miscellaneous offence, the police uses its discretionary power. The doctor converts serious injury into  simple injury. And the outcome is that in most of the cases, the poor, the downtrodden or illiterate people of India suffer. It is, therefore, incumbent upon the supervisory officer to inspect the non cognizable register and the medical examination report kept at every police station. By the vigilant action of the supervisory and superior police officer, the poor and the illiterate people of India can get justice. Moreover, it is high time that both cognizable and non-cognizable offences should be merged into one, thereby, doing away with the malpractices by police officers at police stations in the name of differentiation between cognizable and non-cognizable offences. Sooner the Parliament makes the law on this behalf, the better would be the prospect of getting justice by the common people who are the acute sufferers.  

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.