Be aware all information about Police F.I.R

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Welcome to our website,

We all know about Indian law but sometimes we have not proper information and awareness about law we face many problems and that time we have to recognize our Indian law is very critical and in this law so many windows open for criminally accused to left.

But we think that everyone should have some basic information to protect our rights form Government officer or political man and the primary rights given our constitution.

In this article we will discuss police F.I.R and who can file this report and how to protect our life and any police officer is refused to file this case then what can you do this situation.

• What is  Police F.I.R?
• Who can File Police F.I.R?
• Why is it so important?
• How can I get a copy of my Police F.I.R?
• Can I file F.I.R in any police station?
• What should be done when police don't file an F.I.R?
  
• What is Zero Police F.I.R?
• Can police close the F.I.R?
• What is the problem if there is a delay in register Police F.I.R?
• What could be possible reasons for Delay?

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F.I.R?

What is Police F.I.R?

Its means First Information Report (under CrPC 154)

First Information Report (F.I.R) is a written document prepared by the police when they receive information about the crime of a cognizable offense. (can be arrested without a warrant).

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Who can File Police F.I.R?
It is generally a complaint lodged with the police by the victim of a cognizable offense or by someone on his/her behalf.

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Why is it so important?

• Police start an investigation about the crime after F.I.R reported.
• The investigation moves around F.I.R, investigation is conducted on the fact/charges given in F.I.R.
• During the trial in court again it's the most important document. The lawyer of the defense always cross-examine the IO(investigation officer

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How can I get a copy of my Police F.I.R?
At a time of F.I.R registered, the complainant gets an immediate copy of Police F.I.R.

• Online Copy also can get. if you have some information listed below
• F.I.R number
• Date of registration
• Name of the police station
• Name of the district

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Can I file F.I.R in any police station?
Yes, F.I.R can be registered by a victim, a witness, or someone else with knowledge of the crime. According to the CHRI, complainants have a right to register an F.I.R at any police station and police cannot legally refuse to register it.

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What should be done when police don't file an F.I.R?

• If the Police do not file FIR, then you can also register it online while going to the website of that particular Police. Like in Delhi e-FIR app is also there, you can install that app and from your place, you can lodge FIR.
• If the police do not file the FIR for cognizable offense, then the victim should approach to senior officers.
• If even after this the FIR is not registered, then the victim can file a complaint to a Metropolitan Magistrate according to section 156 (3) of CrPC. Metropolitan Magistrate has the power that he can order police to file an FIR.
• In some cases when FIR is not registered, the Supreme Court has made the provision according to section 482; people should reach Metropolitan Magistrate rather than High Courts.
• The Supreme Court has ordered to take action against those officers who do not file FIR. The Supreme Court has also provided that within a week of registering an FIR, the first investigation should be completed. The motive of this investigation is to check the offense and know about its seriousness. In this way, police cannot deny registering the complaint saying that they had doubts about the veracity of the complaint.

What is Zero Police F.I.R?

 

As per the concept, F.I.R that can be filed in any police station regardless of the place of incidence or jurisdiction. The same is later transferred to the l Police Station having competent jurisdiction after investigation and filing with a magistrate

Before 2012 In most cases, police officers had refused to file F.I.R, because the crime had not been done in their jurisdiction. 

After the Nirbhaya rape incident in Delhi in 2012, a "Justice Verma Committee" was formed to amend the law. Strictly built. A zero number can be reported to any police station.

As mentioned above, every police station has a complaint number 1, 2, 3, but when a serious incident occurs, the complaint is not numbered as per the series but the complaint is registered with zero number. 

The complaint is then transferred to the crime station where the crime took place. The complaint is numbered according to the series in the second applicable police station and the whole matter is investigated in another police station.

Take famous examples

Case 1: Aasaram Bapu Rape, In the F.I.R, the place of occurrence of an offense falls under the jurisdiction of Jodhpur, Rajasthan but the Police Station Kamla Market, Delhi registered the F.I.R, then transferred it to Jodhpur, for further investigation. Then Jodhpur police took up the investigation.

Case 2: Bimla Rawal V. State

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Can police close the F.I.R?

1. No police can not close the F.I.R. Investigation agencies, mostly state police after an investigation has enough evidence to prove the case and thus file a charge sheet under section 173 (2). In some of the cases, where the investigation is not completed, then also police can file the charge sheet and continue further investigation
2. If no Evidence comes in support of allegations or find false F.I.R is lodged may file its report may call as a closure report in court n only court can close the case or pursue further as per law (remove your name From F.I.R) under section 169 CrPC.

3. Only the high court can close the F.I.R even the lower court can not close police closer report at its own level until a person who registered the F.I.R gives his consent for the same in case a closer report is filed.

4. The high court can under section  482 CrPc, Inherent power of the high court.

So once a Police F.I.R is registered, it can end in two ways.

1. Either application being made to the high court for Closing Of F.I.R, Or
2. After trial Court Pronounce a judgment of Discharge.

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What is the problem if there is a delay in register Police F.I.R?
The longer the delay, the stronger the suspicion. That the case is false wholly or in material particulars, so the delay should satisfactorily be explained.

1. Accused may flee the country.
2. Evidence may be lost and tempered with cash, kind, inducement or threat.
3. A complainant may lose trust in the criminal justice system.

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What could be possible reasons for Delay?

Generally, two types of delay can be possible.
Reasons for the delay on the part of the complainant

• The physical condition of the informer
• The psychological condition of the informer
• Natural calamities
• A distance of the place of occurrence
• Ignorance of the law of the informer
• Late detection of the commission of the crime
• Due to threat, promise and undue influence
• Economic & social and undue influence 

Reasons for the delay on the part of a police

• A dispute over the jurisdiction of  Police Station
• Uncertainty of place of occurrence due to the continuous offense
• Shortage of staff
• Unavoidable departmental formalities (including delay due to opinion of experts Reasons for the delay should be explained in the F.I.R.

Conclusion

Here We Have discussed answers of questions about Police F.I.R

Can I file F.I.R in any police station? 
What should be done when police don't file an F.I.R?
What is Zero Police F.I.R?

I am not a professional blogger yet, but just self-employed advocate, here I shared legal know about Police F.I.R, I think everyone should know about it.

please share with your friends, family so everyone can file Police F.I.R when the crime happened nearby and protect themselves. Comment us how useful this article,

It would be awesome to know your comments. Please feel free to share your thoughts, problems in the comments. we can try to give the best solution.


All the best of awareness.!

10 Important Basic Human Rights

Hello, friends welcome to my website, here we discuss important 10 basic Human rights that everyone should know.

Basic Human Rights

Human Rights

• Rights belong to every person in the world, from birth until death.
• Every person has own right how to live and protect another one.

What are Basic human rights....?

• Human rights are rights inherent to all human beings, regardless of race, nationality, ethnicity, language, religion, or any other status.

      Examples

       1) The right to life-liberty

       2) Freedom from slavery and torture

       3) Freedom of opinion and expression

       4) Right to work

       5) Right to education

Where do human rights come from?

• The idea that human beings should have a set of basic rights and freedoms has deep roots in Britain.

• Landmark development in Britain included.

       1) The Megna Carta of 1215

       2) The Habeas Corpus act of 1679

       3) The bill of Rights of 1689

Right to birth 

• All human beings are born free and equal in dignity and rights. 

• They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Right to life, liberty, the security of a person.

• Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing, and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.

• Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.

• According to article 21 guarantees the protection of life and personal liberty to every individual and states that "No person shall be deprived his life and personal liberty except according to the procedure established by law."

   Case: A.K. Gopalan vs State of Madras

Equality of law         

Equality of Law

   Article 14 of the Indian Constitution clearly states that the state/country shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. This law is applicable to all citizens and foreigners.

• Every individual is equal in the eye of the law, it means no man is above the law we all are equal.

• Equal treatment for all persons before the court. That is, the law will be blind, it will not see who is standing in the dock; rich or poor

• There shall not be any privilege for any particular person. It means, everyone will get the same punishment for the same crime. It means the law will be the same for both the minister and the servant.

   Case: Air India vs Nargesh Meerza

Right to freedom of movement

Freedom of Movement

• Everyone has the right to freedom of movement and residence within the borders of each state

• Everyone has the right to leave in any country, including his own, and to return to his country.

• Everyone has the right to seek and to enjoy in other countries asylum from persecution.

• This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.

Right to marriage

Right to Marriage

• Men and women of full age, without any limitation due to race, nationality, or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during the marriage, and at its dissolution.

• Marriage shall be entered into only with the free and full consent of the intending spouses.

• he family is the natural and fundamental group unit of society and is entitled to protection by society and the State. Age limits for girl 18year old and Boy limit 21-year-old.

Right to Property

Property Rights

• Everyone has the right to own property alone as well as in association with others.
• No one shall be arbitrarily deprived of his property.

Right to speak

• Article 19 of the Indian constitution provides every Indian has the right to express their own word writing, printing, picture, and opinion freely without any interference in any mode. It thus includes the expression of one's idea through any communicable medium or visible representation, such as gesture, sign, and like.

Right to work

                 

Rights to work

• Everyone has the right to work, to free choice of employment, to just and favorable conditions of work, and protection against unemployment.

• Everyone, without any discrimination, has the right to equal pay for equal work and join trade unions for the protection of his interests.

• Everyone who works has the right to just and favorable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.

Right to Education

Right to Education

• Free education:  6 to 14  years of Old compulsory.
• This is stated as per the 86th Constitution Amendment Act via Article21A. The Right to Education Act seeks to give effect to this amendment. 

         Government schools = Free Provide

                         +

         Private school  = 25% Free.

•  Education is developing the personality of a human.
•  All parents must provide primary education to their children.

Right to participate in the program

• Everyone has the right freely to participate in the

1. cultural program,
2. social program,
3. Life improvement program of the community, to enjoy the arts and to share in scientific advancement and its benefits.

• Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary, or artistic production of which he is the author.

Right to development of his community

• Everyone has duties to the development of our personality and his community. He is participating in a social and cultural program, contribute to nation and development without any hesitation.

When we celebrated human rights day? 

• This day is celebrated internationally to honor 10th Dec 1948, when the United Nations adopted the Universal Declaration of Human Rights at Palais de Chaillot, Paris after the experience of the Second World War. This was one of the first major achievements of the United Nations.

What is a Human rights violation?

A human rights violation can be committed by people who work for the State and their behavior is then considered to be the behavior of the State. These agents could be of many kinds: employees of governmental and municipal institutions, policemen, prosecutors, judges, etc

Example:

• The most significant human rights issues included police and security force abuses, such as extrajudicial killings, disappearances, torture, arbitrary arrest and detention, rape, harsh and life-threatening prison conditions, and lengthy pretrial detention.

Conclusion

Here We Have Knew important 10 basic human rights. What are Basic human rights? with a case study. When is human rights day?  what are Human Rights Violations and the history of human rights?

I am not a professional blogger yet, but just self-employed advocate, here I shared legal know about basic human rights, I think everyone should know about it in our country.

please share with your friends, family so everyone can aware of their rights and protect themselves to injustice. Comment us how useful this article,

It would be awesome to know your comments. Please feel free to share your thoughts, problems in the comments. we can try to give the best solution.

All the best of justice.!