Tag: harassment

Jurisdictional Issue

Reasons: Police make excuses that FIR cannot be filed as the incident happened under some other geographical location. Sometimes when there is a case or crime which has happened to you in any of the areas.

EXAMPLE: You are staying in Indore and any mishap happens with you in for say Bhopal while traveling. So you can file a case against the crime in Indore as well with no problem at all.

Remedies: We can go to any police station in Indore or any other region and file a Zero F.I.R which says that you can file an F.I.R against the crime at any police station. But the bitter truth is people are not aware of this term which is made by the jurisdiction for our help and as we are unaware of the fact we don’t get the benefits of The Laws, The Government, The System and we keep blaming them with less awareness.

Recommendation: Be sure that you file a case for a valid reason. As it’s said, when there is no way for you a way is made. It’s just that you need to find that way & that way will lead you to justice. Ask for Zero F.I.R if the policemen don’t file a case due to the jurisdictional issue.

Threatening not to take action

Reasons: FIR against established individuals: – Too much power can spoil a person. In cases where influential parties are involved the victim is been threatened by police officers to take no action and file no complaint.

EXAMPLE: FIR against a businessman, political leader, MNC gives a problem big time for a common man.

Remedies: In this scenario, you need to solve this problem with smart work more than hard work. What you need to do is note everything, every word said to you by the officer. You can record it if possible and get help from the senior officer in the department after making one or two copies of it. You will be with a proof stating that you were threatened by the officers because here only evidence matters more than sayings. You can also note the time and date when the threatening happened and go directly to senior authorities to check the CCTV present in the police station.

Recommendations: – Be sure that you file a case for a valid reason.

Have you ever been asked for a bribery to file an FIR?

Reasons: At many places, the practice is been adopted that paying a certain amount is compulsory for lodging an FIR which is the direct promotion of Bribery and unethical as well.

Remedies: If the police still force you to give bribery, application 173(8) can be made to the trial court against the police for asking bribery. You do not have to pay a single penny to lodge an F.I.R. It is free of cost. Trial Court will then investigate the police by Higher Police officials.

Recommendations: If possible try to record the incident as evidence against the police. After completion, you MUST carefully read the document and sign it. You have the right to and must get a copy of it for your records. You are not required to pay for the same. You are not required by law to give an affidavit.

It is the duty of police official to write the FIR in exact words of the victim?

Reasons: Police official is obligated to write the FIR in exact words of the complainant but to make their own work easy they manipulate the words of the complainant and temper the authenticity of the complaint.

For example, police make loot to theft and theft to lose many a time.

Remedies: You must check the FIR that it has been filed as your statements before singing on it. If it is not you must appeal to the police to write in exact words that you have stated. If the police still refuse to do so, application 173(8) can be made to the trial court against the police for not filing FIR properly. Every citizen has the right to file his/her FIR in exact words. Trial Court will then investigate the police by Higher Police officials.

Recommendations: Never sign on the FIR paper until unless it is filed in exact words of your statements. Record the misdeeds through audio/video/photographs if you can. Evidence value the most when you try to prove something.

Have you ever tried filing an FIR for kidnapping and you are denied?

Reasons: In cases such as Kidnapping, no complaint can be filed for kidnapping before 24 hours since the person is missing as Per Law says.

Remedies: In such cases, you can write an application describing the case in detail and take the complaint number. Once you find at least one relevant document you can report to the police and convert the complaints to FIR.

Recommendations: Always file a written complaint in such cases and take a duly sealed & signed acknowledgment from the police authority. This may further be used as an FIR or to file a private complaint in the court.

Have you ever been asked for complete facts before filing an FIR?

Reasons: Sometimes the complainant does not have all the details about the facts of the complaint. In such cases, police delay the matter and ask the complainant to get the information before lodging the FIR.

EXAMPLE: For example, a victim has suffered the accident and policeman asking for the vehicle registration number who is responsible for the accident which cannot be retrieved by a victim all the time.

Remedies: In such cases, you can write an application describing the case in detail and take the complaint number. Once you find at least one relevant document you can report to the police and convert the complaints to FIR.

Recommendations- Always file a written complaint in such cases and take a duly sealed & signed acknowledgment from the police authority. This may further be used as an FIR or to file a private complaint in the court.

Are police taking too long time for Pre Investigation of your FIR?

Reasons: Many a time police take a long time to investigate the validity of the complaint which leads to delay in lodging FIR as they want to investigate as per their convenience.

Example: In cases like financial fraud police want to confirm first that such fraud has actually been suffered by the victim.

Remedies: If police are not investigating complaint properly, application 173(8) can be made for an investigation by Higher Police Officers. Every citizen has the right to see that his complaint is properly investigated. If the victim has reasons to suspect that police has joined hands with other side and is not properly investigating the complaint, then an application under Cr. P.C. sec 173(8) can be made to the trial court. Trial Court will then direct investigation by Higher Police officials.

Recommendations: Always file a written complaint in such cases and take a duly sealed & signed acknowledgment from the police authority. This may further be used as an FIR or to file a private complaint in the court.

Have you ever waited for long just to file an FIR?

Reasons: Several times police complicates the issue and confuses the aggrieved in the puzzle of cognizable and non-cognizable matters. (Tactics for delaying in FIR)

You can lodge an F.I.R only in case of a cognizable offence.

cognizable offence is a criminal offence in which the police are empowered to register an F.I.R, investigate, and arrest an accused without a court issued a warrant. Offences like murder, rape, kidnapping, theft, robbery, fraud, etc. are classified as cognizable offences.

non-cognizable offence is an offence in which the police can neither register an FIR, nor effect arrest without the express permission or directions from the court. Offences like simple hurt, verbal abuse, intimidation, defamation, misappropriation of property, physical assault, forgery, etc. are non-cognizable offences

Remedies:

If you are reporting a cognizable crime (as stated above) and the police refuse to register your FIR, you can make a complaint to a higher ranking officer such as the Superintendent of Police (SP)/SHO (Station House Officer of Local Police Station), the Deputy Inspector General (DIG)/ACP (Assistant Commissioner of Police)/DCP (Deputy Commissioner of Police) or the Inspector General of Police (IGP)/CP (Commissioner of Police).

You can also complain to the nearest judicial magistrate, who will order the police to register the FIR if deemed necessary. Ensure that you get a receipt of your complaint being registered. (This means a stamped receiving given by the authority on the photocopy of your complaint)

Recommendations:-

Before going for filing an FIR please make sure case comes under the cognizable offence.

If the concerned officer in charge refuses to register a first information report about the commission of a cognizable offence within his territorial jurisdiction under Sec. 154(3), the informant can approach any senior officer of police or the Superintendent of Police or the Commissioner of the police with a written complaint. If, after analyzing the complaint it is satisfied that the complaint discloses a cognizable offence, he may moreover investigate the case himself or give directions to his subordinate to register the FIR and initiate an investigation in the matter.

Complaint to the Magistrate:

If even after submitting a complaint to Senior Police officials no FIR is lodged then the informant is legally entitled to file a complaint to the Judicial Magistrate/ Metropolitan Magistrate u/s 156(3) read with Section 190 of the criminal procedure thereby requesting the FIR to be registered by the police and commencing investigation into the matter.

What happens to such Police Officers?

A Writ Petition in the respective High Court may be filed for the issuance of Writ of Mandamus against the defaulting Police officers, inter alia, to Register the FIR and directing him to show cause the reasons for him not lodging an FIR.

In a civil matter, a contempt petition can be filed before the High Court against the officer who refused to lodge an FIR. Refusal to lodge an FIR on jurisdictional ground amounts to 1 year of Imprisonment for the Police officials. A Petition may be registered and submitted to the Chief Justice of the concerned High Court / Chief Justice of India, Supreme Court, asking them to take Su Moto Cognizance of the alleged contempt of the Court. Further, a copy of the said letter may be sent to the concerned Police Officer. The status of such letter petition can be inquired through an application under the Right to Information (RTI)

Have you ever been denied to lodge an FIR in Police Station?

Reasons:- The refusal of writing FIR is a very frequent practice with the intention to show less crime record in the jurisdiction and to minimize the workload of a particular police station.

Generally, police try to settle the matter without logging the FIR which creates the win-win situations for both the parties’ i.e. complainant and defendant. But in many cases police tries to escape from its duty to lodge FIR to eliminate the burden of work. Current practice leads to an environment where a victim suffers at the end of police and victim struggles for justice.

Excuses: Small / Dispute -The degree of some offenses is considered by police so little that police do not consider lodging an FIR and refuse for the same.(It is right of every citizen and obligation of the police authority to lodge an FIR for any type of dispute).

Example: – disputes in neighbors due to excess use of water or parking issues, littering garbage around the neighborhood etc.

Remedies:- Any person aggrieved by the refusal of police in charge to lodge the FIR, one may send the substance of such information, in writing by a post to the superintendent of Police under section 154(3) CrPC. Even if SP declines to take action, a victim can go to DIG then IGP and then lastly to DGP. Besides this while making a complaint, remember to take the receiving of the complaint in form of seal and signature of concern officer on the copy of such complaint. Zero FIR can be filed in any police station irrespective of place of incident or jurisdiction and the same can be later transferred to the appropriate Police Station. If any Police authority declines from writing a FIR, one can also directly approach the magistrate in written for lodging his complaint; under section 156(3) magistrates will empower an order to police to investigate on such complaint. It is the duty of an officer to write the FIR in exact words and to read it to the complainant and give the copy of FIR for free of cost as mentioned under section 154 of CrPC.

You can also…

• Send your complaint in writing to the Superintendent of Police (SP)/SHO of the Local Police Station by Registered Post Acknowledgement Due (Regd. Post AD).

• Make a written complaint to the concerned State Human Rights Commission or the National Human Rights Commission that the police are not doing their duty of enforcing the law or that they are being negligent, biased or corrupt

Recommendations:- Always file a written complaint in such cases and take a duly sealed & signed acknowledgment from the police authority. This may further be used as an FIR or to file a private complaint in the court. While lodging an F.I.R you must ensure the following:

• There should be four copies being recorded simultaneously, with carbon sheets in place. • Language is important. It must be recorded in the first person.

• Try not to overwrite or score out.

• Try to use simple words.

• Ensure that the arrival/departure time is mentioned in the FIR and in the Daily Diary Register at the Police Station

• Carefully read the document before signing.

Things you must not do:

• Never file a false complaint or give wrong information to the police. You can be prosecuted under the law for giving wrong information or for misleading the police.—[Section 203, Indian Penal Code 1860]

• Never exaggerate or distort facts.

• Never make vague or unclear statements

Have you ever been refused to file an FIR by the police?

Reasons:-

The refusal of writing FIR is a very frequent practice with the intention to show less crime record in the jurisdiction and to minimize the workload of a particular police station.

Generally, police try to settle the matter without logging the FIR which creates the win-win situations for both the parties’ i.e. complainant and defendant. But in many cases police tries to escape from its duty to lodge FIR to eliminate the burden of work. Current practice leads to an environment where a victim suffers at the end of police and victim struggles for justice.

Excuses: Less Valuable Products –The products which are less in value are not considered by police officials as an issue enough to lodge an FIR (it is right of every citizen and obligation of the police authority to lodge an FIR for any type of loss).

Remedies:-

Any person aggrieved by the refusal of police in charge to lodge the FIR, one may send the substance of such information, in writing by a post to the superintendent of Police under section 154(3) CrPC. Even if SP declines to take action, a victim can go to DIG then IGP and then lastly to DGP. Besides this while making a complaint, remember to take the receiving of the complaint in form of seal and signature of concern officer on the copy of such complaint.

Zero FIR can be filed in any police station irrespective of place of incident or jurisdiction and the same can be later transferred to the appropriate Police Station. If any Police authority declines from writing an FIR, one can also directly approach the magistrate in written for lodging his complaint; under section 156(3) magistrates will empower an order to police to investigate on such complaint. It is the duty of an officer to write the FIR in exact words and to read it to the complainant and give the copy of FIR for free of cost as mentioned under section 154 of CrPC.

Recommendations:- Always file a written complaint in such cases and take a duly sealed & signed acknowledgment from the police authority. This may further be used as an FIR or to file a private complaint in the court.