INDIAN CITIZENs’ / PEOPLEs’ POCKET DIARY TO POLICE LAWS

Preface: Everyone cherish freedom, be it leftist or rightist, human being or animal being,
Prime minister of India or a footpath dweller of Mumbai. The right of personal liberty of
every individual is one of the most cherished fundamental right in our Constitution of
India.

The post Independence era OF INDIA shows that most of the laws inherited from
British Rule that had colonial exploitation as their basis, were left untouched. The
present Police Laws indeed so inherited is largely left intact. The modern legal system
provides that as soon as an offence is committed the Criminal Law is set into motion,
irrespective of the wishes of the injured party.

Although The Police force in India is known for all the wrong reasons- inefficiency, high
handedness, brutality, corruption and being politicized, yet, it must also be stated that
mere ruthless criticism will not improve Police efficiency for they function with a lot of
constraints cannot be lose sight of.

We love to break traffic signals if there are NO watchdogs. We all so afraid of Police,
ever thought why? Our watchdogs, our Justice System to check Police is simply absent.

One thing that terrorizes the most to a common man is fear of highhandedness of police
who has presumably unbridled power to detain any person though maliciously.

The trauma and agony of an accused Undertrial prisoner and of his family members is
beyond to be described and no amount of money compensation can bring back the
valuable years of the innocent accused. The damage inflicted by unlawful detention is
massive and ruthless. It bleeds the soul of the victim and may occasion the loss of
livelihood of a family resulting in trap of ugly poverty.

Last and not the least. The accused is innocent till proven guilty. That ten guilty Man may
escape but even one innocent should not be punished. This is the foundation on which the
entire criminal Jurisprudence is built upon. That been so, how an innocent accused can
be justified in captivity even for a day.

This small literature is aimed at informing Common man about various safeguards
provided in law and so as to prevent police acting fanciful.

Citizenry Ignorance is the chief cause of Police causing excesses to them.

Illegal Detentions: A person so arrested / detained illegally even for one hour can file a
Complaint against the person for making false Complaint (FIR), including the Police
Officer causing illegal arrest/detention.

False Complaints: Where a false complaint been registered against any person, he may
register an FIR against that person u/s 182 and 211 of IPC for making false complaint.
IPC Section 182. False information, with intent to cause public servant to use his lawful
power to the injury of another person. IPC Section 211. False charge of offence made
with intent to injure.

FIR: After a Complaint of an Offence is given, it should be immediately registered and it

is the right of the Complainant to receive a Copy of the First Information Report (FIR) or
NC (Non Cognizable Offence), as the nature of the complaint suggests. If Police refuses
to register Complaint, the same can be sent by Post/ Telegram, to that Police Station or
to Superintendent of Police of the district or Commissioner of Police as in Metropolitan
cities.

In case of Non Cognizable Offences, after registering the same, since Police do not
investigate the case, Complainant must be advised to approach the Magistrate court for
further action. The address of Magistrate Court may be obtained from the Police Station
itself.

Police cannot evade registering an offence on the plea that they do not have Jurisdiction.
It is necessary that Offence is registered and the same is sent to the Police Station
concerned.

If Police refuses to register complaint, than a Complaint may be made to Judicial/

Metropolitan Magistrate. There are series of HC and SC judgments wherein they have
warned Police that they must register Complaint whoever comes to them.

Very Important: Also, wherever need so arises, relevant section of Indian Penal Code
and / or Bombay High Court and Supreme Court Judgments, as stated hereinafter, must
be brought before the Police, either verbally or by incorporating the same in written
Complaint.

WHO CAN LODGE AN F.I.R.?

(1) Complainant who is an aggrieved person or some body on his behalf.
(2) By any person who is aware of the offence OR who is a witness to any offence.
(3) Provided the person in possession of the hearsay is required to subscribe his
signature to it and mention the source of his information so that it does not amount to
irresponsible rumors. The rule of law is, if general law is broken any person has a right
to complain whether he has suffered an injury or not.
(4) By the accused himself.
(5) By the SHO(Station House Officer) on his own knowledge or information even when a
cognizable offence is committed in view of a officer incharge he can register a case
himself and is not bound to take down in writing any information. Under the order of
Magistrate u/s 156 (3) Criminal Procedure code, when a complaint is forwarded to
officer incharge without taking cognizance. If information is only hear say, then SHO
should register case only if person in possession of hearsay subscribes his signature to it
and mentions the source of his information so that it does not amount to irresponsible
rumors. The information must be definite, not vague, authentic, not baseless, gossip or
rumors, clearly making out a cognizable case.
 WHAT ACTION CAN BE EXPECTED FROM THE POLICE IN NON-COGNIZABLE
OFFENCE ?
1. The information regarding non-cognizable offence ought to get lodged in the Daily
Diary Register.
2. Complainant ought to get advised & briefed properly to approach the Court.
3. Police officer can not investigate into the Non-cognizable cases without the order of
the court hence complainant should be informed.
5. If an order regarding investigation into non-cognizable cases is received, the same
procedure should be adopted as in the cognizable cases.
6. Orders of the court should be obtained to arrest the accused in Non cognizable cases
after the investigation.
7. If one of the offences in the commission of crime is cognizable office then Non-
cognizable offence should also be investigated in the same manner( as Cognizable
offences are investigated.

WHAT DOES THE POLICE DO WHEN THE COMPLAINTS ARE DOUBTFUL ?

If the information or other intelligent relating to the alleged commission of a cognizable
offence is such that an officer-in-charge of the police station has reason to suspect that
the alleged offence has not been committed, he shall record the same in the station diary
along with his reasons for not investigating the crime and also nullify the informer.
Inspector or Supervising Officer can direct the investigation in such case and may send
the report to the District Magistrate for perusal and order.

Finger Tips:
• FIR should be lodged immediately. The longer the delay, the stronger the
suspicion. The delay should satisfactorily be explained. Delay, if any, in
registering the case should be recorded in FIR.
• Written complaint should be taken. But complainant should be specific while
giving written statement.
• Written statement should be duly signed or put thumb impression.
• Only a report of cognizable offence should be lodged in FIR.
• Place, Date & Time of occurrence should be mentioned in the FIR.
• Arrival & Departure of the informer should be mentioned in the FIR as well as
Daily Dairy Register.
• Four copies of FIR should be prepared simultaneously by carbon paper process.
• FIR should be lodged in neat & clean hand writing and be kept in safe custody
being a permanent record.
• A copy of FIR should be sent to Magistrate concerned immediately.
• A copy of FIR should be provided to the complainant free of cost.
• Care should be taken that all the material facts are mentioned in FIR as known to
the complainant.
• If information is available at the time, Names of the accused persons should occur
in F.I.R., if not, FIR can be registered in unknown accused person.
• An FIR once registered can only be quashed (cancelled) by High Court
concerned.
 Police Incorrectly framing FIR: When the victim or anybody on his behalf approaches
the Police station to register/ file complaint, whether in the nature of Cognizable offence
( FIR) or Non Cognizable (N.C.) offence, it is the responsibility of police to correctly take
down the complaint and thus register FIR or NC as the nature of offence so emerge from
the complaint. Also, if the Complaint comprises both Cognizable and non Cognizable
offences, then the offence should be treated as Cognizable Offence and thus FIR should
be registered. Yet, if Police manipulate with registering FIR to NC or the other way
round, then they may be charged with offence u/s 218 of IPC.

A copy of Every FIR or NC so registered by Police must be sent to respective Judicial/

Metropolitan Magistrate within 24 hours so that it cannot be tempered with.

Offence under IPC Section 218. Public servant framing incorrect record or writing with
intent to save person from punishment or property from forfeiture.

Filing Complaint with Judicial/ Metropolitan Magistrate: Where Police refuses to

register Complaint, than a Complaint may be made to Judicial/ Metropolitan Magistrate
of that area where the incident has took place, directing Police to register FIR and carry
out investigation and submit report.

Also, a Person instead of going to Police, may directly approach Judicial/ Metropolitan
Magistrate to file an Complaint u/s 190 of CrPC and thus the Magistrate on the merits of
the case may direct the Police to register FIR/NC and investigate the case.

Very Important: High Court Criminal Manual Appellate Side- Chapter 3, Section 1A(IIa)
mandate that where an Complaint is filed before Judicial/ Metropolitan magistrate, he
must hear the complainant and his witnesses within 7 days of filing of Complaint and
than pass Orders accordingly.

The details of Judicial/ Metropolitan Magistrate can be obtained from respective Police
station or from any Court.

Arrests: The National Police Commission in its Third Report and the Law Commission in
Oct 2000 on Law of Arrest have both identified indiscriminate arrests by Police in India
is the chief source of Corruption in the Police. The Report, among other things, said,
“the Power of Arrest must be used in the rarest of rare cases and not in a routine
manner. A mere allegation of Commission of offence cannot constitute ground for arrest.
It would be desirable that a Police Officer making an arrest should also record in the
case diary, the reason for making the arrest.”

In the historic judgment of Hon SC in D K Basu Vs State of West Bengal, among other
things, directed-

1) That Policemen must wear visible and legible identification when arresting a person
and when carring out interrogation. Names and Particulars of police personnel handling
interrogation must be recorded in the register.
2) It is the right of every person detained or questioned by Police to know the grounds for
detention or questioning.

3) The Person arrested must be made aware of his right to have someone informed of his
arrest Or detention as soon as he is put under arrest or detention.

4) A person arrested must be produced before a Judicial Magistrate/ Judge within 24

hours of his/her arrest.

5) A person arrested should be medically examined at the time of arrest and major &
minor injuries on arrested person be recorded in Inspection Memo duly signed by both
Police Officer carrying out the arrest and the person arrested and the copy of this memo
be provided to the person arrested.

6) Any person arrested must be medically examined by a doctor from an independent and
approved panel of doctors, every 48 hours during detention.

7) Arrest or Search of women should only take place in presence of Women Police
Officers and it should not take place in night. And women should be detained separately
from men.

8) While an accused is in Police custody, his lawyer should be permitted to visit him.

9) Information of the arrest of accused person should be given to the district Control
Room and the State Police Headquarters.

However, this menace is to a substantial extent will dry down in the light of very recent
Amendment brought in CrPC 1973 law. President Of India has already given its assent
to this Law and it is only need to be notified to be operational.

This newly enacted law will take away the powers of the police to arrest in cases of
alleged offences which carry a maximum sentence up to seven years of imprisonment.

Bar associations across the country have been protesting under the pretext that these
CrPC amendment (Section 41, CrPC), doing away with mandatory arrest provisions,
would remove fear from the minds of criminals who would misuse the provisions under
the garb of personal liberty.

“What the bar associations will never tell you is that the police never had the power to
make such arrests and that arrest is an exception and not the norm”, Said our new
Home Minister Shri P Chidamabaram in an media interview. (Very Important)

Once the law, CrPC (Amendment) Act 2008, becomes effective, the police, instead of
arresting the accused, will be obliged to issue him/her a “notice of appearance” for any
offence punishable with imprisonment up to seven years. The person can be arrested only
if he/she does not appear before the police in response to the notice.
 Bails: In case of Bailable offences, it is binding on Police officer to grant bail if the
person arrested produces proper surety. In cases of Non Bailable offences, the Police
cannot grant bail, the decision is taken by Judicial Magistrate/ Judge only. In such cases
the accused may seek bail from Judicial Magistrate/ Judge concerned through his
representative/ Lawyer when he is produced within 24 hours of his/her arrest. Also, if he
has been subjected to any beating or torture, the same should be brought before the
Judicial Magistrate/ Judge.

Police Torture & Brutality: Section 330 and 331 of IPC provide for punishment for
voluntarily causing hurt and section 29 of Indian Police Act 1861 provides for
imprisonment for offences including unwarranted personal violence to any person in his
custody.

In the light of Section 176 of CrPC 1973 Magistrate is bound to investigate every death
in Custody.

Even it is mandatory for police to inform State Human Rights Commission or National
Human Rights Commission about every custodial death.

Failure to implement strictest of guidelines on law of arrests and on Tortures as laid

down by the SC in DK Basu Vs State Of West Bengal will render any Policeman to be
hauled for Contempt of Court in any High Court of the Country.

Offences are also classifieds as Compoundable/ Non Compoundable: It implies that

offences which can be settled between the accused person and the victim are termed as
Compoundable offences; and offences which cannot be settled between the accused and
the victim are termed as Non Compoundable offences.

Role of Police in curbing Public Nuisance:

CrPC 1973 Section 133. Conditional order for removal of nuisance (1) Whenever a
District Magistrate or Sub-Divisional Magistrate or any other Executive Magistrate
specially powered in this behalf by the State Government on receiving the report of a
police officer or other information and on taking such evidence (if any) as he thinks fit,
consider --

(a) That any unlawful obstruction or nuisance should be removed from any public place
or from any way, river or channel, which is or may be lawfully used by the public: or

(b) That the conduct of any trade or occupation or the keeping of any goods or
merchandise; is injurious to the health or physical comfort of the community, and that in
consequence such trade or occupation should be prohibited or regulated or such, goods
or merchandise should be removed or the keeping thereof regulated; or

(c) That the construction of any building, or the disposal of any substance, as is likely to
occasion conflagration or explosion, should be prevented or stopped; or
(d) That any building tent or structure, or any tree is in such a condition that it is likely to
fill and thereby cause injury to persons living or carrying on business in the
neighborhood or passing by, and that in consequence the removal, repair or support of
such building, tent or structure, or the removal or support of such tree, is necessary: or

(e) That any tank, well or excavation adjacent to any such way or public place should be
fenced in such manner as to prevent danger arising to the public: or

(f) That any dangerous animal should be destroyed, confined or otherwise disposed of,

Such Magistrate may make a conditional order requiring the person causing such
obstruction or nuisance, or carrying on such trade or occupation, or keeping any such
goods or merchandise, or owning, possessing or controlling such building, tent,
structure, substance, talk well or excavation, or owning or possessing such animal or
tree, within time to be fixed in the order-

(i) To remove such obstruction or nuisance; or

(ii) To desist from carrying on, or to remove or regulate in such manner as may be
directed, such trade or occupation, or to remove such goods or merchandise, or to
regulate the keeping thereof in such manner as may be directed; or

(iii) To prevent or stop the construction of such building, or to alter the disposal of such
substance; or

(iv) To remove, repair or support such building, tent or structure, or to remove or

support such trees; or

(v) To fence such tank, well or excavation; or

(vi) To destroy, confine or dispose of such dangerous animal in the manner provided in
the said order; or, if he objects so to do, to appear before himself or some other
Executive Magistrate Subordinate to him at a time and place to be fixed by the order, and
show cause, in the manner hereinafter provided, why the order should not be made
absolute.

(2) No order duly made by a Magistrate under this section shall be called in question in
any civil court.

Explanation. A "public place" includes also property belonging to the state, camping
grounds and grounds left unoccupied for sanitary or recreative purposes.
 (Ordinarily Power of District Magistrate are vested in District Collector. In
Metropolitan cities, Commissioner of Police exercises and discharge duties of District
Magistrate.)

Indian Penal Code- Section 268. Public nuisance ( Definition of Offence of Public
Nuisance) A person is guilty of a public nuisance who does not act or is guilty of an
illegal omission which causes any common injury, danger or annoyance to the public or
to the people in general who dwell or occupy property in the vicinity, or which must
necessarily cause injury, obstruction, danger or annoyance to persons who may have
occasion to use any public right.

A common nuisance is not excused on the ground that it causes some convenience or
advantage.

Indian Penal Code- Section 269. Negligent act likely to spread infection of disease
dangerous to life

Indian Penal Code- Section 270. Malignant act likely to spread infection of disease
dangerous to life

Indian Penal Code Section 283. Danger or obstruction in public way or line of
navigation.

Indian Penal Code Section 290. Punishment for public nuisance in cases not otherwise
provided for

Indian Penal Code Section 291. Continuance of nuisance after injunction to discontinue.
Whoever repeats or continues a public nuisance, having been enjoined by any public
servant who has lawful authority to issue such injunction not to repeat or continue such
nuisance, shall be punished with simple imprisonment for a term which may extend to six
months, or with fine, or with both.

Indian Penal Code- Section 431. Mischief by injury to public road, bridge, river or
channel

Indian Penal Code- Section 432. Mischief by causing inundation or obstruction to

public drainage attended with damage

Bombay Police Act, 1951, Applicable to whole of Maharashtra, Section 67. Police to
regulate traffic, etc., in streets. It shall be the duty of a Police officer-

(a) to regulate and control the traffic in the streets, to prevent obstructions therein and to
the best of his ability to prevent the infraction of any rule or order made under this Act or
any other law in force for observance by the public in or near the streets;
 (b) to keep order in the streets and at and within public bathing, washing and landing
places, fairs, temples and all other places of public resort and in the neighbourhood of
places of public worship during the time of public worship;

(c) to regulate resort to public bathing, washing and landing places, to prevent
overcrowding thereat and in public ferry-boats and, to the best of his ability, to prevent
the infraction of any rule or order lawfully made for observance by the public at any such
place or on any such boat.

Police Wilful disregard in discharge of his duties, a Criminal Contempt Of Court: The
process of administration of justice begins with the violation of a right of a person or the
committing of an offence by a person, well before any FIR is filed OR case is registered
in the court.

In the light of Contempt of Court Act- Section -2(c ), If Police refuses to register FIR or
refuses to investigate the case or refuses to apprehend or arrest offenders or trying to
protect the accused or the guilty in any way, than a Criminal contempt of Court u/s 2(c)
(III) of the Contempt of Courts Act 1971 can be filed against them for causing
obstruction in the administration of justice. However, the element of police acting
illegally deliberately and consciously without any justification is essential. "A refusal to
see the obvious, a failure to investigate the doubtful if sufficiently gross, furnishes
evidence acting deliberately and consciously.

The Contempt Petition is filed in the High Court and the best part is that proceedings
have to begin immediately. However, before filing Criminal Contempt of Court Petition,
Sanction from Advocate general must be obtained. If they do not give sanction or does
not reply within a reasonable time of 30 days, than Contempt petition can be filed
informing the Court about sanction not given or no reply received.

Not only the Police but whoever including political interferes in the process of
investigation or interferes during the trial of offence in the Court can be charged with
obstructing in the administration of justice and thus it constitutes an serious offence of
Criminal Contempt of Court. However, for offences which are enumerated in Indian
Penal Code cannot become the subject matter of Criminal Contempt Of Court.

Other Offences:

Section 193 to 239 deals with Giving false evidence before Judicial proceedings;
fabricating evidence; perjury; false statements; harboring an offender; offering bribery
and inducements. The offences are Non Cognizable and Bailable.

IPC Section 153. Wantonly giving provocation with intent to cause riot-if rioting be
committed-if not committed.

IPC Section 153A. Promoting enmity between different groups on grounds of religion,
race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance
of harmony.
 IPC Section 166. Public servant disobeying law, with intent to cause injury to any
person.

IPC Section 167. Public servant farming an incorrect document with intent to cause
injury.

IPC Section 217. Public servant disobeying direction of law with intent to save person
from punishment or property from forfeiture

IPC Section 403. Dishonest misappropriation of property: Whoever dishonestly

misappropriates or converts to his own use any movable property, shall be punished with
imprisonment of either description for a term which may extend to two years, or with
fine, or with both.

IPC Section 404. Dishonest misappropriation of property possessed by deceased person

at the time of his death.

IPC Section 411. Dishonestly receiving stolen property: Whoever dishonestly receives or
retains any stolen property, knowing or having reason to believe the same to be stolen
property, shall be punished with imprisonment of either description for a term which may
extend to three years, or with fine, or with both.

IPC Section 413. Habitually dealing in stolen property: Whoever habitually receives or
deals in property which he knows or has reason to believe to be stolen property, shall be
punished with 1[imprisonment for life], or with imprisonment of either description for a
term which may extend to ten years, and shall also be liable to fine.

IPC Section 420. Cheating and dishonestly inducing delivery of property: Whoever
cheats and thereby dishonestly induces the person deceived any property to any person,
or to make, alter or destroy the whole or any part of a valuable security, or anything
which is signed or sealed, and which is capable of being converted into a valuable
security, shall be punished with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine.

IPC Section 441. Criminal trespass :Whoever enters into or upon property in the
possession of another with intent to commit an offence or to intimidate, insult or annoy
any person in possession of such property, Or having lawfully entered into or upon such
property, unlawfully remains there with intent thereby to intimidate, insult or annoy any
such person, or with intent to commit an offence, is said to commit "criminal trespass".

IPC Section 463. Forgery.: [Whoever makes any false documents or electronic record
part of a document or electronic record with, intent to cause damage or injury], to the
public or to any person, or to support any claim or title, or to cause any person to part
with property, or to enter into any express or implied contract, or with intent to commit
fraud or that fraud may be committed, commits forgery.

IPC Section 503 to 510: Criminal intimidation, insult and Annoyance.

 CrPC Section 197. Prosecution of Judges and public servants.

Landmark High Court and Supreme Court Judgments:

(1) “In BOMBAY(Criminal) 08/10/2008 (J-R) APPW/271/2007, a full bench judgment of

the Bombay High Court had laid down that cops should register the FIR against the
accused person within two days of being informed of commission of any cognizable
offence.” The comprehensive judgment, among other things, says that, The law
inescapably requires the police officer to register the information received by him in
relation to commission of a cognizable offence. Under the scheme of the CrPC, no choice
is vested in the police officer between recording or not recording the information
received. Link to the judgment:
http://bombayhighcourt.nic.in/ordqryfbench_action.php?auth=cGFnZW5vPTUmam9mb
GFnPUo= This Judgment of Bombay High Court or Judgments of any High Court can
be used in any Court in India.

(2) SC finds illegal detention worse than death: In an important ruling with wide
ramifications for individual liberty, the Supreme Court has held that personal liberty is
the most important fundamental right of a citizen and illegal detention causes
incalculable harm and humiliation to a person. A bench comprising Justices Altamas
Kabir and Markandey Katju while quashing the detention order passed by Mumbai
Police against petitioner Deepak Bajaj under Section 3(1) of the Conservation of Foreign
Exchange and Prevention of Smuggling Activities Act, 1974 observed, ‘if a person
against whom a preventive detention order has been passed can show to the Court that
the said detention order is clearly illegal, why should he be compelled to go to jail?’ The
imperative necessity to protect those precious rights is a lesson taught by history and all
human experience, the bench observed.‘Our founding fathers have lived through bitter
years of the freedom struggle and seen an alien government trample upon the human
rights of our citizens. It is for this reason that they have introduced Article 21 in the
Constitution and provided for the writs of habeas corpus etc,’ they said.Justice Katju, in
the 28-page judgement, quoted from the Bhagavad Gita to drive home his point that this
dishonour of being sent to jail without any justification is worse than death for a self-
respecting man.The apex court while making it clear that restrictions can be placed on
these rights in the interest of public order, security of the state and the like, maintained
that they are not to be lightly transgressed as individual liberty is an integral part of right
to life. Source: UNI

(3) Sc Assails Unexplained Delay In Passing Detention Order: March 16, 2006

The Supreme Court has held that unexplained delay in passing the detention order by the
authorities is not permissible in law.

A bench comprising Mr Justice S.B. Sinha and Mr Justice P.K. Balasubramanyan vide
their judgment dated March 10 this year laid down the law while setting aside the
impugned detention order passed against an industrialist, Rajinder Arora, whose export
house was raided by the Directorate of Revenue Intelligence (DRI) on May 26,2004 and
 detention order was passed on March 31,2005.

The Supreme Court has observed, It is trite law that an order of detention is not a
curative or reformative or punitive action, but a preventive action, avowed object of
which being to prevent the anti-social and subversive elements from imperiling the
welfare of the country or the security of the nation or from disturbing the public
tranquility or from indulging in smuggling activities or from engaging in illicit traffic in
narcotic drugs and psychotropic substances etc." While commenting on delay, the apex
court ruled " that the delay caused in this case in issuing the order of detention has not
been explained. In fact no reason in that behalf whatever has been assigned at all and for
the reasons abovementioned the impugned order of detention can not be sustained which
is set aside accordingly." (UNI)

(4) In Nawabkhan Abbaskhan V. St. of Gujrat , The Hon SC allows every person the
discretion to make his own decision and disobey an order of the Govt. if in his opinion
violates his fundamental rights or if he believes that such order is made for malafide
intentions.

THe Hon. Court said , “the individual decision making by private person of public
actions may be considered as a very radical approach .Grave cosequences involved in
allowing discretion to disobey , someone may argue, but what is the remedy available to
a person who has been subjected to an illegal order ?, Our legal system does not
recognize the right to compensation for damage suffered by a person in obeying an
illegal order . But if he is turn out to be wrong in his decision , of course he is
answerable.”

(5) In Writ Petition (CRL) no 68 of 2008 (Latika Kumar vs. Govt of UP & Others). On
14th July 2008 , Justice BN Agarwal and Justice GS Singhvi " directed, “We feel that it is
high time to give directions to Governments of all the States and Union Territories
besides their Director Generals of Police/Commissioners of Police as the case may be to
the effect that if steps are not taken for registration of F.I.Rs immediately and copies
thereof are not made over to the complainants, they may move the concerned Magistrates
by filing complaint petitions to give direction to the police to register case immediately
upon receipt/production of copy of the orders and make over copy of the F.I.Rs to the
complainants, within twenty four hours of receipt/production of copy of such orders. It
may further give direction to take immediate steps for apprehending the accused persons
and recovery of kidnapped/abducted persons and properties which were subject matter of
theft or dacoity. In case F.I.Rs are not registered within the aforementioned time, and/or
aforementioned steps are not taken by the police, the concerned Magistrate would be
justified in initiating contempt proceeding against such delinquent officers and punish
them for violation of its orders if no sufficient cause is shown and awarding stringent
punishment like sentence of imprisonment against them inasmuch as the Disciplinary
Authority would be quite justified in initiating departmental proceeding and suspending
them in contemplation of the same.”
Writ of Habeas Corpus: A Writ Petition can be filed in the High Court under Article 226
of Constitution of India, or in the Supreme Court under Article 32 of Constitution of
India, to seek release of a person from unlawful detention, whether by Police or by any
private person.

Role of Human Rights Commission: Human Rights Commission play a critical role as far
as Police excesses on people are concerned. The basic objective of The Protection of
Human Rights Act is to ensure Life and dignity of Life to every individual which is itself
guaranteed to every individual by Article 21 of the Constitution of India. Every
individual, whether he is Citizen of India or not can avail the benefit of the provisions of
the Act. The Commissions are chaired by Retired Chief Justice Of India or the retired
Chief Justice of the High Courts and other persons of special knowledge and of high
integrity.

Any individual, who is unlawfully, so deprived of his life or liberty or dignity of life, may
approach the National Human Rights Commission or the State Human Rights
Commission, which are constituted under this Act.

Help of legal expert is not required at all and simple hand written application
incorporating the facts and causes is suffice to redress the grievances.

Very few people are aware of their legal rights and very little about their enforcement in
Human rights Commission(HRC). The Act also envisages that any individual on behalf of
the victim may approach this Commission for the redressal of the grievances of
immediate victim.

There is no fee to be paid.

The Commission has enormous powers to give relief to the victims including monetary
compensation. The Commission, if necessary, may approach the High Court or Supreme
Court on behalf of the victim to give him/her justice.

Section 12 of the Act makes it obligatory on the Commission to take notice of every
application so received. Human Rights Commission, in the light of section 12, has
Special duty towards Undertrial prisoners.

It is a powerful weapon in the hands of citizen of India and of course this right is
available to other persons who are resident of India but not a citizen of India.

National Human Rights Commission is situated at Faridkot House, Copernicus

marg, New Delhi. The details of State Human Rights Commission can be obtained from
National Human Rights Commission(NHRC) Website. Also, if details of State Human
rights Commission are not available, than the complaint may be directed to NHRC and
NHRC will transfer the Complaint to relevant State HRC if there exist any in the State. If
not, than NHRC will itself proceed.
Role of Legal Services Authorities: Now we come to another Statute and that is The legal
services authorities comes into picture to provide free and competent legal services to the
weaker section of the society, to ensure that opportunities for securing justice are not
denied to any citizen by reason of economic or other disabilities.

The National Legal services Authority at the National level, The State Legal services
Authority in each State and The District Legal services Authority in each of the districts
has been constituted under this Act; The State Govt. may constitute Taluka Legal services
Authority in each of the Taluka of the district. The Supreme Court Legal services
Committee and The High Court Legal services committee in each State have also been
constituted.

The Authorities are chaired by Chief Justice of India, Chief Justice of the High Courts
and other senior Advocates.

ENTITLEMENT TO LEGAL SERVICES. Criteria for giving legal services. -Every

person who has to file or defend a case shall be entitled to legal services under this Act if
that person, is-

(a) A member of a Scheduled Caste or Scheduled Tribe; (b) A victim of trafficking in

human beings or beggar as referred to in Article 23 of the Constitution; (c) A women or a
child; (d) A mentally ill or otherwise disabled person; (e) A person under circumstances
of undeserved want such as being a victim of a mass disaster, ethnic violence, caste
atrocity, flood, drought, earthquake or industrial disaster; (f) An industrial workman; or

(g) In custody, including custody in a protective home within the meaning of clause (g) of
section 2 of the Immoral Traffic (Prevention) Act, 1956 (104 of 1956), or in a juvenile
home within the meaning of clause (j) of section 2 of the Juvenile Justice Act, 1986 (53 of
1986), or in a psychiatric hospital or psychiatric nursing home within the meaning of
clause (g) of section 2 of the Mental Health Act, 1987 (14 of 1987); or [(h) in receipt of
annual income less than rupees nine thousand or such other higher amount as may be
prescribed by the State Government, if the case is before a court other than the Supreme
Court, and less than rupees twelve thousand or such other higher amount as may be
prescribed by the Central Government, if the case is before the Supreme Court.] (Rules
have already been amended to enhance this income ceiling).

A Person who satisfies any of the criteria specified in section 12 shall be entitled to
receive legal services provided that the concerned Authority is satisfied that such person
has a prima facie case to prosecute or to defend.

An affidavit made by a person as to his income may be regarded as sufficient for making
him eligible to the entitlement of legal services under this Act unless the concerned
Authority has reason to disbelieve such affidavit.

Addresses of District Legal Services may be obtained from High Court Legal Services
Authorities situated at High Court.
 National Legal Services Authority [NALSA]

Member Secretary,12/11 Jamnagar House,Shahjahan Rd,New Delhi-110011. Phone-

011-23386176, 23382778; Fax- 011-23382121.

Accident Victims and Role of Good Samaritan: The Supreme Court in Case No.: Appeal
(civil) 919 of 2007, Date of Judgment: 23/02/2007 has ruled that all injured persons
especially in the case of road traffic accidents, assaults, etc., when brought to a hospital /
medical centre, have to be offered first aid, stabilized and shifted to a higher centre /
government centre if required. It is only after this that the hospital can demand payment
or complete police formalities. In case you are a bystander and wish to help someone in
an accident, please go ahead and do so. Your responsibility ends as soon as you leave the
person at the hospital. The Hospital bears the responsibility of informing the Police,
giving first aid etc.

Important Voluntary Organizations:

ANHAD: Act Now for Harmony and Democracy. 23, Canning Lane, New Delhi-
110001. e-mail: anhad.delhi@gmail.com website: www.anhadin.net
Tel: (+91 11) 23070740 , (+91 11) 23070722

CHRI, Headquarter: CHRI New Delhi Office B-117, Second Floor, Sarvodaya
Enclave, New Delhi - 110 017 INDIA Tel: +91-11-2685-0523, 2652-8152, 2686-4678,
Fax: +91-11-2686-4688E-mail: info@humanrightsinitiative.org

CHRI London Office Institute of Commonwealth Studies, 28, Russell Square

London WC1B 5DS, UK Tel: +44-020-7-862-8857, Fax: +44-020-7-862-8820
E-mail: chri@sas.ac.uk

CHRI Ghana OfficeHouse No.9, Samora Machel Street Asylum Down, opposite
Beverly Hills Hotel, Near Trust Towers, Accra, Ghana. Tel/Fax: +00233-21-271170.
E-mail: chriafrica@humanrightsinitiative.org / chri_info@yahoo.com.au /
chriafrica@4u.com.gh

Common cause: Common Cause House, 5, Institutional Area, Nelson Mandela Road,
Vasant Kunj, New Delhi-110070 Fax/Phone : 2613-1313.

Mail: commoncauseindia@gmail.com

Lok Raj Sangthana: A/ 479 sarita Vihar, New delhi 110076. Cell-098185754359
(Prakash); 09871955730(Pravin) Email: lokrajsangathan@yahoo.com

Transparency International India: Central Office: Q. No.4 Lajpat Bhavan, Lajpat

Nagar, 4, New delhi- 110024. Ph. 011 26460826, Telefax: 011 26460825.

Project Office: Balwantray Mehta Vidya Bhavan, ASMA, Greater Kailash 2, New delhi-
110048. Ph. 011 29224519. Email- info@transparencyindia.org
 Peoples Union For Civil Liberties (PUCL): 81 Sahayoga apartments, Mayur Vihar -
Delhi 110091, India +91-011-2275 0014 (phone); +91-011-4215 1459 pp (fax)

Delhi PUCL Pushkar Raj email: rajpushkar@rediffmail.com

Vadodara13, Pratap Kunj Society, Karelibaug, Vadodara – 390 018

Phone : 464210, 462328 Fax No: 340223 email: chinu@wilnetonline.net

Karnataka PUCL Ramdas Rao email: ramdas_rao@hotmail.com

Internet list: puclblr-subscribe@yahoogroups.com

Kerala PUCL Vilayody Venugopal-- General Secretary

Jacob.v Lazer -- State treasurer email: jacobkaloor@yahoo.co.uk

Maharashtra PUCL S. P. Sathe, President, PUCL Maharashtra

Mumbai Yogesh Kamdar email: ykamdar@vsnl.com

Orssa: email: pramodini-pradhan@lycos.com

Rajesthan People's Union for Civil Liberties, Rajasthan

49, Vivek Nagar, Station Road, Jaipur-302006, phone: 0141/2206139 (Prem Krishna
Sharma) , 2591408, 2706483 ( Kavita Srivastava) e.mail: kavisriv@yahoo.com

R. Niraimathi, President Namakkal, Phone: (PP Mr. Kanmani) 04288-267676

Dr. V. Suresh (address as above), Gen,Secretary: Phone(Off): 044-25392459 or
25392464 (Res):044-24490324 or 24493494.

Coimbatore Unit: No. 9, 4th Floor, India Towers, Gopalapuram, Coimbatore- 641 018.
Phone: 9842279896; 9443039630 Email: pucl.coimbatore@gmail.com

PUDR: pudr@pudr.org

PUHR: http://en.wordpress.com/tag/peoples-union-for-human-rights/

Complaint to United Nations:

Human Rights Council and Treaties Division:

For complaints to the Human Rights Committee, the Committee against Torture and the
Committee on the Elimination of Racial Discrimination, direct your correspondence and
inquiries to: Petition Team, Office of the High Commissioner for Human Rights, United
Nations office at Geneva, 1211 Geneva 10. Switzerland. Fax: +41 22 91 79022 ( for
urgent matters) Email- tb-petitions@ohchr.org

Direct Approach to Chief Justice of High Court or Supreme Court Or any other Justice
of any Court: In situation of extreme urgency of life and death, the victims may instead of
adhering to procedural formalities may directly approach the Court rooms of Chief
 Justice or any other Judge of High Court or any other Judge of any Court and apprise
the Judge of facts of the case very briefly. However, the discipline of the Court must be
maintained while narrating incident. Also, being the watchdog of rights of the people, a
telegram to the Chief Justice of respective High Court may be sent apprising him about
the violation of human right or excesses of Police if any.

Important Govt Org.

• Ministry of Home Affairs
• National Disaster Management Authority
• National Institute of Disaster Management
• National Foundation for Communal Harmony

Intelligence Bureau

• Border Security Force, Central Reserve Police Force , Central Industrial Security
Force, Indo-Tibet Border Police, National Security Guard, Sashastra Seema Bal
• Assam Rifles,
• Bureau of Police Research & Development,
• National Institute of Criminology & Forensic Science
• Central Forensic Science Laboratory
• National Crime Record Bureau
• Directorate of Coordination Police Wireless
• Central Hindi Training Institute
• Central Translation Bureau
• Narcotics Control Bureau
• National Civil Defence College
• Sardar Vallabhbhai Patel National Police Academy
• National Fire Service College
• Inter-State Council Secretariate
• Director General of Civil Defence & Home Guards
• Registrar General and Census Commissioner, India
• Zonal Council Secretariate
• North Eastern Police Academy
• Parliament of India
• Chief Controller of Accounts Org.
• Disaster Management of India
• Department of Justice
• Department of Official Language
• National Human Right Commission
• North-East Council
• C.B.I.

Right to Information & Police: Every action of Police can be monitored with the help of
RTI Act 2005. Like investigation so carried out in pursuant to a case, asking copy of FIR
or any other document.
 Among many other duties of police, important are

(a) promptly to serve every summons and obey and execute every warrant or other order
lawfully issued to him by competent authority, and to endeavor by all lawful means to
give effect to the lawful commands of his superior;

(b) to the best of his ability to obtain intelligence concerning the commission of
cognizable offences or designs to commit such offences, and to lay such information and
to take such other steps, consistent with law and with the orders of his superiors as shall
be best calculated to bring offenders to justice or to prevent the commission of cognizable
offences and within his view of non-cognizable offences;

(c) to prevent to the best of his ability the commission of public nuisances;

(d) to apprehend without unreasonable delay all persons whom he is legally authorized
to apprehend and for whose apprehension there is sufficient reason ;

(e) to aid another Police officer when called on by him or in case of need in the discharge
of his duty, in such ways as would be lawful and reasonable on the part of the officer
aided;

(f) to discharge such duties as are imposed upon him by any law for the time being in
force.

The Bombay Police Act 1951, Section 47. The Commissioner or District Superintendent
may, on the application of any person, depute any additional number of Police to keep
the peace, to preserve order or to enforce any of the provisions of this or any other Act in
respect of any particular class or classes of offences or to perform any other Police
duties at any place in the area under his charge.

Contact Media for Police Excesses.

The Times of India: Bennett,Coleman & Co Ltd, Times of India Building, Dr D N Road,
Mumbai- 400001. Tel- 022-6635 3535; Fax: 022-22731144/1888.

The Indian Express: The Indian Express Online Media (Pvt) Ltd, 9&10, Bhadur Shah
Zafar Marg, Express Building, ITO New Delhi -110002. Tel 011-23702086,
09891968097.

DNA: Diligent Media Corporation Ltd, DNA wing, Oasis Complex, Kamla Mills
Compound, P B Marg, Lower Parel, Mumbai400013. Tel 022-3988 8888;

The Bombay Samachar: Red House, S A Brelvi Road, Fort, Mumbai-400001. Tel- 022-
22853691/ 22851744.
 The Asian Age: 145 Mathuradas Mill Compound, Near Sai Mandir, N M Joshi Marg,
Lower Parel, Mumbai 400013. Tel 022-2495 5825; Fax- 022- 2496 5847

Hindustan Times: HT Media Ltd, Mahalaxmi Engineering estate, Lady Jamshedji First
Cross Road, Mahim-West, Mumbai-400016. Tel. 022-66539200; Fax-022-66539260.

Mid-Day: Mid Day Multimedia Ltd, Peninsulla Centre, Dr S S Rao Road, Opp Mahatma
Gandhi Hospital, Parel, Mumbai- 400012. Tel- 022-24197198/99; Fax: 022-24143171.

NDTV: New Delhi Television Ltd, Sumer Kendra, P B Marg, Worli, Mumbai- 400018.
Tel- 022-2490 0190, 3043 0000; Fax: 022-24950706.

Star TV: Star News Centre, Off Dr E Moses Road, Mahalaxmi, Mumbai- 400011. Tel-
022-6663 0000/0102; Fax: 022-6663 3030.

ZeeNews: Essel Studio, FC-19, Sector 16-A, Noida - 201301, India Phone:0120-
2511064 – 76

CNN IBN: Global Broadcast News, Express Trade Tower,

Plot No. 15-16, Sector-16A, Noida, Uttar Pradesh,
India – 201301 Phone: +91-120-4341818, 3987777 Fax: 0120-4324106

FORMAT OF THE F.I.R.

Book No. ___________

FORM NO. 24.5 (1)
FIRST INFORMATION REPORT
First Information of a Cognizable Crime Reported under Section 154, Criminal
PenalCode
Police Station .................................... District .............................. No ..................

Date and hour of Occurrence .....................

1. Date and hour when reported
2. Name and residence of informer and complainant.

3. Brief description of offence (with section) and of property carried off, if any.

4. Place of occurence and distance and direction from the Police Station.
5. Name & Address of the Criminal.
6. Steps taken regarding investigation explanation of delay in regarding information.
7. Date and Time of despatch from Police Station.

Signature .......................
 Designation ................................
(First information to be recorded below)

NOTE:- The signature of seal or thumb impression of the informer should be at the end of
the information and the signature of the Writer of (FIR) should be existed as usual.

FORMAT OF INFORMATION IN CASE OF NON-COGNIZABLE OFFENCES

Under Section 155 Criminal Procedure Code

Book No.______________ Page No.___________

S.No. Thana District Date Time Reason

1. Date & Time of Report

2. Name & Residence of Complaint

3. Description of offence with Section

4. Direction of occurence time & date

5. Name and Full address of witness

Though due care has been observed, yet some discrepancies may
have crept in. The Writer incurs no liability whatsoever, if readers’
incurs any loss of any nature, while using this material. The
readers’ may take help of Legal experts where they feel necessary.

Sandeep Jalan,
Janhit Manch, Kuber Bhuvan,
Bajaj Road, Vile Parle West,
Mumbai-400056.
Email- legallyspeaking.jalan@gmail.com, notsolearned@gmail.com,
Date: 30th March 2009.