KNOW YOUR RIGHTS ABOUT FIR AND ARREST . Information on Indian Criminal Law for a Layman As a common man does not have proper knowledge about the law, he is many a times denied his right of lodging a complaint for a crime witnessed by him or committed against him & even if his complaint is lodged he is most of the times shooed away whenever he demands to know about the progress made by the Police in his complaint thus resulting in his being always in awe of power-wielding Policemen as he is nearly ignorant about the basic laws. The following article provides, in short, the basic information about the Indian criminal law and also the rights of a complainant, so as to help a common man if he ever needs to visit a police station to lodge a complaint. . Offences under Indian Criminal Law are basically classified into Following Categories: . Cognisable offences & Non-cognisable offences Bail able offences & Non-Bail able offences . Cognisable offences: Basically it means an offences under the Indian Criminal Law for which a police officer may arrest without a warrant. .. Non-Cognisable Offences: On receiving information about Non-Cognisable offences the substances of the complaint are entered in the station diary, N-C register or any other official record book of the police station, but no police officer is empowered to investigate a non-cognisable offence without the order of a magistrate having power to try such a case and commit it to trail. .. Bail able Offence: It is an offence under the first schedule of the CRPC or bail able by other laws for which bail can be obtained. . Non – Bail able Offences: Basically it means serious offences like Murder or Conspiracy against the state or other such specified offences for which bail cannot be granted. . WHAT ARE A COMPLAINT & AN F.I.R.? . Complaint: A complaint normally means an allegation made in writing or orally regarding some persons, known or unknown who has/have committed an offence. . First Information Report (F.I.R.): It relates to all the cognisable offences and the information relating to a cognisable offences received by the police either in writing or orally and recorded in writing in the station Dairy or official record book of the police station is known as F.I.R. An F.I.R. is a document on the basis of which investigation is commenced. . HOW TO LODGE A COMPLAINT . Lodging a Complaint: The police cannot refuse to entertain a complaint. In fact complaint written, oral or even those sent by post have to be accepted and if deemed fit, even considered for registering and F.I.R. . AFTER LODGING THE COMPLAINT . Getting F.I.R. Copy: Complaint has right to get a copy of the F.I.R. immediately after the lodging of the F.I.R. Right to progress report: The complaint has a right to know about the progress made by the police relating to his complaint and the Investigating officer (I.O.) or the Police Station in charge cannot deny this right. . As a common man does not have proper knowledge about the law, he is many a times denied his right of lodging a complaint for a crime witnessed by him or committed against him & even if his complaint is lodged he is most of the times shooed away whenever he demands to know about the progress made by the Police in his complaint thus resulting in his being always in awe of power-wielding Policemen as he is nearly ignorant about the basic laws. The following article provides, in short, the basic information about about the Indian criminal law and also the rights of a complainant, so as to help a common man if he ever needs to visit a police station to lodge a complaint. . Offences under Indian Criminal Law are basically classified into Following Categories : Cognisable offences & Non-cognisable offences Bail able offences & Non-Bail able offences Cognisable offences : Basically it means an offences under the Indian Criminal Law for which a police officer may arrest without a warrant. Non-Cognisable Offences: On receiving information about Non-Cognisable offences the substances of the complaint are entered in the station diary, N-C register or any other official record book of the police station, but no police officer is empowered to investigate a non-cognisable offence without the order of a magistrate having power to try such a case and commit it to trail. Bail able Offence: It is an offence under the first schedule of the CRPC or bail able by other laws for which bail can be obtained. Non – Bail able Offences: Basically it means serious offences like Murder or Conspiracy against the state or other such specified offences for which bail cannot be granted. . WHAT IS A COMPLAINT & AN F.I.R.Complaint: A complaint normally means an allegation made in writing or orally regarding some persons, known or unknown who has/have committed an offence. First Information Report (F.I.R.): It relates to all the cognisable offences and the information relating to a cognisable offences received by the police either in writing or orally and recorded in writing in the station Dairy or official record book of the police station is known as F.I.R. An F.I.R. is a document on the basis of which investigation is commenced. . HOW TO LODGE A COMPLAINT Lodging a Complaint: The police cannot refuse to entertain a complaint. In fact complaint written, oral or even those sent by post have to be accepted and if deemed fit, even considered for registering and F.I.R. AFTER LODGNIG THE COMPLAING Getting F.I.R. Copy: Complaint has right to get a copy of the F.I.R. immediately after the lodging of the F.I.R. Right to progress report: The complaint has a right to know about the progress made by the police relating to his complaint and the Investigating officer (I.O.) or the Police Station in charge cannot deny this right. hrsjm.org
Posted on: Sat, 08 Nov 2014 14:17:44 +0000
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