FIR BASICS....

What is cognizable Offence?

In Criminal Procedure Code (CrPC), the offences are divided into two categories; one Cognizable and the other Non-cognizable. Police is empowered to register the FIR and investigate only the cognizable offences. Police can arrest an accused involved in cognizable crime without the warrant from the Court. Theft, robbery, murder and rape are some instances of cognizable offences.

What is Non-cognizable Offence?

The category of offences as per Criminal Procedure Code (CrPC) in which Police can neither register the FIR nor can investigate or effect arrest without the express permission or directions from the court are known as Non-cognizable offences. These mostly include minor offences such as abusing each other, minor scuffles without injuries, intimidation etc.

What is First Information Report (FIR)?

Report pertaining to occurrence of a cognizable offence, received at the Police Station is called First Information Report, popularly known as FIR. Since it is the first information about the cognizable offence, it is called First Information report. On receipt of this information police registers the report in a FIR Register and begins the investigation of the crime.

What to do if the Police Station refuses to register the FIR?

If the Police Station refuses to register FIR, substance of the information in writing can be sent by post to the Assistant Commissioner of Police or Deputy Commissioner of Police of the respective zone. If satisfied that the information discloses the commission of a cognizable offence, shall get the FIR registered and investigated.

What the Police Station does with a complaint pertaining to Non-cognizable offence?

As per Cr.PC, Police Station is required to record an abstract of such complaint in the General Diary which is called N.C. and advise the complainant to file the complaint in the concerned court as police is not empowered to initiate action in such matters without the directions of the court. A copy of the entry made in the General Diary may be provided to the complainant free of cost.

Are any kind of fee or charges to be paid to police for registration of FIR?

Absolutely not. Police is not to be paid any fee or money for registering the FIR and subsequent investigation. If anybody in the police station makes such a demand, a complaint should immediately be made to the senior police officer as mentioned above.

Is the complainant entitled to a free copy of the FIR?

Yes, definitely. As per Criminal Procedure Code (Cr.PC) it is mandatory on the part of police to provide a copy of the FIR, free of cost to the complainant.

Are any kind of fee or charges to be paid for getting the injured medically examined or for putting up challan in the court?

No, the entire investigation of the case, including the medical examination of the injured and submitting challan in the court, is part of Government duty for which no charges are levied by the govt. If any demand for money is made at any stage of investigation, a complaint should immediately be made to the senior police officers.

What is a Bailable offence?

In bailable offences, the accused can claim bail as a matter of right. Police is supposed to release such an accused on bail if he is prepared to give bail at any time while he is in the custody of a Police Officer.

What is a Non-Bailable offence?

In non-bailable offences, the accused is not entitled to bail as a matter of right. Police invariably does not take bail in such cases and only the Court grants bail. The list of bailable and non-bailable offences is given in the first schedule of the Cr.PC.

Can the police call someone for investigation even if granted anticipatory bail by the court?

Yes, certainly. The court only forbids the arrest but does not prevent police from calling the accused for investigation. Intact, invariably it is one of the conditions of the anticipatory bail that the accused shall make himself available for investigation as and when required by the investigating officer. Refusal to do so may entitle the investigating officer to move the court for cancellation of anticipatory bail. In case the investigating officer finds that a criminal case is made out against an accused granted anticipatory bail by the court, he will not arrest him but will release him on bail, even if the offence is Non-Bailable.

Is it an offence to register/lodge false FIR?

Yes. Lodging of a false FIR/complaint is punishable under IPC. Such an informant/ complainant can be proceeded against under section 182 IPC or under section 211 of IPC by the police. Private person against whom false FIR/complaint has been lodged can also file complaint in the court for the offence of defamation. Section 182 of IPC states whoever gives any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public servant:-

(a) to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him, or

(b) to use the lawful power of such public servant to the injury or annoyance of any person.

Shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees or with both.

Illustration

‘A’ falsely informs a policeman that he has been assaulted and robbed in the neighbourhood of a particular village. He does not mention any name of a person as one of his assailants, but knows it to be likely that in consequence of this information the police will make enquiries and institute searches in the village to the annoyance of the villagers or some of them. ‘A’ has committed an offence under this section.

Section 211 of IPC states whoever, with intent to cause injury to any person, institutes or causes to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be punished with imprisonment of either description for a term, which may extend to seven years, and shall also be liable to fine.

Why Police does not remove encroachments from public lands when complained about it?

Police is not empowered to remove encroachments from public lands under any law. It is the job of the agency entrusted with the administration of the land i.e. Estate Officer, Municipal Corporation, Mumbai. The job of the police is to provide police assistance for maintaining law and order when sought by such agencies.

Why Police does not remove Liquor shops when public complains about such shops?

There are two kinds of liquor shops; one licensed by the State Excise Department and second not licensed by the State Excise Department. Police is empowered to take legal action against only those liquor shops, which run without a valid license from the State Excise Department. Only the State Excise Department is authorized to take any action including the cancellation of license of the licensed shops.

What is preventive arrest?

Police is empowered to arrest a person when it is satisfied that doing so is essential in order to prevent occurrence of a cognizable offence. This is the most common situation in which police effects a preventive arrest. Police can also make preventive arrests under special Laws such as National Security Act, PITNDPS etc against dreaded criminals, It is also done under Section 151 of CrPC which states (1) A Police Officer knowing of a design to commit any cognizable offence may arrest, without orders from a magistrate and without a warrant, the person so designing, if it appears to such officer that the commission of the offence cannot be otherwise prevented.

COURTESY: Diehardindian

How to report an offence and to Whom (FIR)

As per section 154 Cr.P.C. Police Duty bound to register a cognizable offence when reported by any person. The offence can be reported:-

• By submitting in writing the details of offence either personally or through post.
• By narrating orally to officer in-charge of Police station.
• By informing through telephone.

The offence should be reported to officer incharge of a police station as far as possible but can be reported to MHC. If these officials refuse to register an offence a person can approach Supervisory Officer of police station or Superintendent of Police of the district.

Copies of FIRs are given free of cost. Insist on claiming your copy immediately after registration of a case.

A Criminal case (FIR) can be registered only in the event of a cognizable offence.

Apply for driving license India

To drive a motor vehicle in any public place an effective Driving License is necessary. By effective Driving License it mean license issued to a person authorizing him/her to drive vehicle of that particular category. There are different types of licenses issued by the RTO offices. Here we will discuss each of them separately.

1. Learner Driving License
   
   This is a temporary license that is valid up to 6 months from the date of issue. It is basically issued to learn driving of Motor Vehicles.
   
2. Permanent Driving License
   
   Permanent driving license is issued to those who become eligible for it after thirty days (to apply within 180 days) from the date of issue of the learner license. Person suppose to get permanent driving license should be conversant about the vehicle systems, driving, traffic rules & regulations. 
   
3. Duplicate Driving License
   
   In case of loss, theft, or on mutilation, Duplicate License is issued. The documents to be produced are FIR of the lost license, challan clearance report from RTA Office (in case of Commercial licence renewal) and an application in Form LLD. The particulars are verified by the authority from the records. The duplicate license will have the valid period same as the previous license. If the license is lost and expired by more than 6 months it requires permission from Head Quarter of Transport Department.
   
   It is recommended to keep a photocopy of the original license or particulars of license noted in order to make it easier for the issuing authority to locate the particulars from their record. 
   
4. International Driving License
   
   The motor licensing authority also issues International Driving License. The validity of this license is for one year. Person visiting the country is required to collect the license from there within one year period. Apart from address proof and birth certificate, one has to produce a valid passport and valid visa while applying.
   
5. Motorcyle License or Two-wheeler License
   
   Two-wheeler license is issued by the Regional Transport Authority (RTO) to permit driving of only two-wheeler vehicles like bike, scooter and moped.
   
6. Light Motor Vehicle License (LMV)
   
   Light Motor Vehicle License is issued to drive light vehicles like auto rickshaws, motor car, jeep, taxi, three-wheeler delivery vans, etc.
   
7. Heavy Motor Vehicle License (HMV)
   
   Heavy Motor Vehicle License is issued to drive heavy vehicles like trucks, buses, tourist coaches, cranes, goods carriages, etc. A person with HMV license can drive light vehicles but Light Motor Vehicle License do not permit to drive heavy vehicles.

Apply for passport India

Here in this post we show how to obtain a fresh passport. Ministry of External affairs has recently launched Passport Seva Kendras(PSK) which drastically simplified the overall procedure for obtaining passport. Citizens can now use the new system to obtain a passport within 3 days.


Here is the step by step process to obtain a fresh passport :

There are two ways of applying for fresh passport.

1. Online form submission.
2. Procedure for submission at Passport Seva Kendras (PSKs)/Mini Passport Seva Kendras (Mini PSKs)

• Online Form Submission Procedure

For filling and submitting your application online,you need to be a registered user on the Passport Seva website. To create your user account for online form submission, Register now.


Step 1: Log into your Passport Seva user account. 

Step 2:Select the Apply Passport Online menu option in the left navigation menu.

Step 3: Fill in the required details in the form and submit the form online.

Step 4 (Optional): Upload the required documents using the Upload Document link on the Applicant Home Page. The documents to be uploaded must be self-attested (signed by the applicant) and must be in pdf format.

Step 5: You are required to be present at the Passport Seva Kendra (PSK)/Mini Passport Seva Kendra (Mini PSK) along with original documents for completion of the application submission process. Schedule an appointment with the Passport Seva Kendra (PSK)/ Mini Passport Seva Kendra (Mini PSK) that comes under the jurisdiction of applicant residence.Online appointment is mandatory to walk into PSK for further processing.Only emergency/medical cases may go to PSK without appointment - service will be provided at the discretion of PSK in -charge. You will need to re-submit the application in case the form submission process at PSK is not completed within 3 month of submitting the application online. 

• Steps for form submission at Passport Seva Kendra (PSK)/Mini Passport Seva Kendra (Mini PSK) (Walk-in)

Step 1: Collect a token from the Token Issuance Counter after showing your filled passport application form and supporting documents along with the originals(original documents not to be attached with application). Step 2: Wait for your turn in the waiting area till the token number is displayed on the display board. Submit the token, filled application form and self-attested (signed by the applicant) photocopies of the supporting documents to the Citizen Service Executive (CSE) at the service counter displayed with your token number. Step 3: Complete activities at the counter, such as signing / thumb impression, the print out of the application form, getting your photograph and fingerprints captured, and making fee payment. Note: Minor applicants below 4 years of age should carry a passport size photograph (on a white background) while visiting Passport Seva Kendra (PSK). In case you are paying the fee through Credit/ Debit card, only card of self or family member whose details have been mentioned in the passport application form are acceptable. Only Master and Visa Credit/ Debit cards are accepted (This service will be available soon). Step 4: Collect the fee acknowledgement receipt from the Citizen Service Executive (CSE) (after successful data entry) and go to the Verification counter, when Token number is displayed on the display-board for verification of your application with original documents.All original documents must be produced. Step 5: Go to the Granting counter, when Token number is displayed on display-board for further processing of your application. Step 6: Collect the print-out of the final status of your application (acknowledgement letter) at the exit gate.

how to file RTI (right to information)

1. What is the Application Procedure for requesting information?

1. Apply in writing or through electronic means in English or Hindi or in the official language of the area, to the PIO, specifying the particulars of the information sought for.

2. Reason for seeking information are not required to be given;

3. Pay fees as may be prescribed (if not belonging to the below poverty line category).

2. What is the time limit to get the information?

1. 30 days from the date of application

2. 48 hours for information concerning the life and liberty of a person

3. 5 days shall be added to the above response time, in case the application for information is given to Assistant Public Information Officer.

4. If the interests of a third party are involved then time limit will be 40 days (maximum period + time given to the party to make representation).

5. Failure to provide information within the specified period is a deemed refusal.

3. What is the fee?

1. Application fees to be prescribed which must be reasonable.

2. If further fees are required, then the same must be intimated in writing with calculation details of how the figure was arrived at;

3. Applicant can seek review of the decision on fees charged by the PIO by applying to the appropriate Appellate Authority;

4. No fees will be charged from people living below the poverty line

5. Applicant must be provided information free of cost if the PIO fails to comply with the prescribed time limit.

4. What could be the ground for rejection?

1. If it is covered by exemption from disclosure.

2. If it infringes copyright of any person other than the State.

File complaints legally

Complaints can be filed online in the website byDepartment of AR&PG (Administrative Reforms and Public Grievances), Ministry of Personnel, Public Grievances and Pensions.

It is a Government of India Portal aimed at providing the citizens with a platform for redress of their grievances. If you have any grievance against any Government organization in the country, you may lodge your grievance on this website which will go to the Ministry/Department/State Government concerned for immediate redress.

The grievances arising out of Unsatisfactory response or No response from the Ministry/Department concerned will be taken up by the PG officers of DAR&PG who will take up the matter with the Ministry/Department concerned for close monitoring and expeditious redress.