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How to file FIR and what are your rights
"Anyone can file a first information report (FIR). When you file FIR, it is your right to get a copy. If they refuse to take down your FIR, you can go the superiors or a magistrate. The court can direct police to register your FIR and investigate," says Vilas Tupe, former Assistant Commissioner of Police. He was speaking at the fourth session under the "Police & You" series. 
 
Moneylife Foundation with Police Reforms Watch & Commonwealth Human Rights Initiative (CHRI) and with support from Saraswat Bank have launched the 12-week program (every Wednesday) that aims to spread knowledge about protecting yourself, your rights, the Indian Penal Code (IPC), cybercrime and economic offences. Today was the fourth such session.
 
Mr Tupe, a highly regarded police officer, and recipient of President's police medal twice, with long years of experience in the crime branch and anti-corruption bureau, says, "Registration of FIR is mandatory for police. But remember, once an FIR is registered, only the court has the authority to quash it and not police. Also understand, police cannot force you to give a statement and you have a right to remain silent. Police also cannot handcuff the accused unless they have obtained necessary permission from a magistrate".
 
The event was held in the well-appointed auditorium of Saraswat Bank headquarters, Eknath Thakur Bhavan. 
 
The fourth session of the 12-week series on "The Police & You: What happens at a Police station? What is a First Information Report-FIR? What do you need to know about these?" was conducted by Mr Tupe and Dolphy Dsouza, Convener of Police Reforms Watch. 
 
 
 
Earlier, Mr Dsouza explained the concept of virtual police station tool as developed by CHRI. He said, "It is not just a training tool for the police but also an empowerment tool for the public, who can learn about responsibilities of police and different rights the public can claim in a police station, be they a witness, accused, female victim, male victim, or juvenile."
 
In the virtual police station, clicking on various icons of the members of police and public, or objects such as registers and phones, prompts a video and text box to open that explains these key procedures, and seminal resources such as case law and legislation are provided for even deeper learning. 
 
"The training video in 10 different languages provides a 360 degree view of a police station," Mr Dsouza said, adding, "Once something is clicked, detailed information is provided using videos, pictures and text boxes, with accurate legal and criminal sections provided for training. Critically, a 'learn more' button which serves as a resource archive, providing case laws, legislation, guidelines and other seminal materials for the particular process they are exploring is also provided so that trainers and public have every option to learn as much as possible on vital service related topics."
 
Mr Tupe then explained the process of filing an FIR and rights of common public. He explained, with examples, several steps involved in a police case and investigation. "Investigation, which is an extensive process of collection of evidences of a crime generally, begins with the recording of the FIR that in fact sets not only the criminal law but also investigation in motion," he said.
 
"By investigation we mean, criminal investigation, a statutory process through which the proof of an offence is established in a criminal Court," Mr Tupe said, adding, "It is the police officer, who has the prerogative right to investigate a crime, which is cognizable in nature. Section 156 of Criminal Procedure Code statutorily empowers police to investigate into cognizable offences without any sanction or order from the Magistrate. They are not under the control of the Courts or any judicial authority during the course of investigation. No Magistrate however high has powers either to interfere with or suspend the police investigation into a cognizable offence. Powers of the police are absolute in this respect."
 
Mr Tupe said, "Arrest of the accused person/s is major step in the investigation and that too as early as possible. Police then interrogate the person for his involvement and commission of offence and record his statement in the language spoken to by him. In comes the next stage of recording statements of other witnesses and after collecting medical certificate or post-mortem certificate, to file the charge sheet against the accused under appropriate section of Indian Penal Code and other enactments after eliciting legal opinion of the prosecutors concerned. The charge sheet should be in simple language and explicit. It should be filed as early as possible and there should not be long time lag between the lodging of FIR and the filing of charge sheet."
 
Talking about powers of an investigation officer, Mr Tupe, said, "A police officer in the course of investigation is authorised to arrest the accused residing outside  limits of his police station or to conduct a search outside the limits of his police station under section 166(3) Code of Criminal Procedure (CrPC ) or to summon persons residing outside his limits. An officer in-charge of a police station, under section 156 CrPC and any officer of higher rank under section 36 CrPC is authorised to investigation."
 
 
 
According to the former ACP of Mumbai Police, police may have the option to refuse to investigate under the following circumstances.  
If the information is found to be a hoax
If the offence complained is trivial in nature eg. 
Domestic quarrel between father and son etc., theft of a flower, or newspaper.
If the dispute is of civil nature etc
 
Mr Tupe said, "If the police comes to the conclusion that a complaint given to them about a cognizable offence is false, they have a right to stop proceedings and to register a under section 211 pc against the complainant." 
 
"Each and every step of investigation should not only be true, genuine but also appear to be so and above normal criticism that may be levelled by the defence.  There should not be any loose ends left untied in the investigation.  A fair true and impartial investigation will certainly bring about the desired result of the success of prosecution," Mr Tupe concluded.  
 

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COMMENTS

Vasudeo Shenoy null

4 months ago

Can IO take outside help for investigation

sunil

4 months ago

What an accused can do if he is handcuffed without permission from court ? and what he can do if IO(investigation officer) files charge sheet after 3 years of filing FIR?AND THAT ALSO WITHOUT MAKING ANY INVESTIGATIONS?

JOSEPH THARAKAN

4 months ago

From the talk Mr. Tupe delivered, I understand that there are not many officers who investigate offenses with a motive - "conviction" - in their performing their duty. One is forced to "buy" justice when approached the Police even if with a genuine complaint. My FIR filed on 24.01.2015 (MECR No.1/15) on an order dated 06.01.2015 from the Addl. Metropolitan Magistrate Court No.22, Andheri (E) under Sec. 156/3 IPC, is not progressing due lack of "buying" power or "influence". It may be that the "accused" in my FIR, are also involved in many other cases in the same Police Station. Thereby an indirect effect of "influence" of the accused in my investigation? It is necessary that Police personnel attend this kind of seminars and make them aware that they too are the "affected" people seeking justice.

REPLY

Vaibhav Dhoka

In Reply to JOSEPH THARAKAN 4 months ago

I fully agree with you sir,way back I was cheated by Kotak Sec.Ltd and its franchisee to the tune of Rs 20lakhs.Kotaks official said that matter is under SEBI's purview and EOW DCP.Pune obliged them by not taking any action,even though either of them or combined cheated and played fraud.This shows that money plays vital role in filing FIR.

Dolphy D'souza

In Reply to JOSEPH THARAKAN 4 months ago

Dear Mr Tharakan,

We understand your anguish and the delay in your case. Although we do not know your case, please do speak to us and maybe we could guide you on what we need to do.
Dolphy D'souza
Police Reforms Watch
9833884227


Dolphy D'souza

In Reply to JOSEPH THARAKAN 4 months ago

Dear Mr Tharakan,

We understand your anguish and the delay in your case. Although we do not know your case, please do speak to us and maybe we could guide you on what we need to do.
Dolphy D'souza
Police Reforms Watch
9833884227


Vaibhav Dhoka

4 months ago

Filing of FIR is right,but police many times take biased decision and do not file FIR even in genuine complaint.The authorities are not answerable to public.Then to approach judicial magistrate u/s 153- 156 is not feasible to all complainants.most of the times actions are biased not public friendly.Their actions are money friendly.

Nifty, Sensex break the uptrend on low volumes – Wednesday closing report
We had mentioned in Tuesday’s closing report that Nifty, Sensex were still on an uptrend. However, the major indices of the Indian stock markets suffered a sharp correction on Wednesday and closed over 1% lower than Tuesday’s close. The trends of the major indices in the course of Wednesday’s trading are given in the table below:
 
 
 
 
Profit booking, along with negative global cues and caution over upcoming quarterly results, dragged the Indian equity markets lower during the late-afternoon trade session on Wednesday. Heavy selling pressure was witnessed in automobile, banking and healthcare stocks. The BSE market breadth was skewed in favour of the bears -- with 1,896 declines and 832 advances. On the NSE, on Wednesday, there were 335 advances, 1,116 declines and 48 unchanged.
 
Most banking and pharma stocks traded down, while IT (information technology) and auto stocks also faced resistance at higher levels. Aviation stocks traded with sideways to firm sentiments on higher crude oil prices. Indian markets continued to trade with weakness and underperformed its global peers.
 
Pharma exports in the first quarter of fiscal 2016-17 have come down by 4%-5%, causing concern among Pharmaceutical Export Promotion Council of India (Pharmexcil) and ministry of commerce and industry, which have convened two meetings this month with top exporters. "In the first three months the growth has not been on expected lines and the ministry is disturbed," Pharmexcil Director General Appaji told news agencies. The council, which works under the ministry, has called one meeting in Hyderabad on Wednesday and another in Mumbai later this month to look into issues faced by the exporters. The joint secretary in the ministry will interact with CEOs of pharma industries to know what is going wrong and to discuss how to address the problems. Appaji believes many factors led to the drop in exports, including foreign currency shortages in countries like Venezuela, Nigeria and Angola. 
 
JK Tyre & Industries (JKTIL) on Tuesday reported a consolidated net profit of Rs100.26 crore for the quarter ended June 30, 2016. According to the company, its consolidated net profit for the corresponding period of last fiscal stood at Rs117.07 crore. "Consolidated financial results published, as opted by the company, include working of Cavendish Industries Ltd., acquired on April 13, 2016 which restarted its operations in mid-May, 2016," the company said in a regulatory filing to the BSE. "Therefore, results of the quarter are not comparable with previous period." The company's total income during the quarter under review stood at Rs1,786.77 crore from Rs1,771.06 crore earned during the corresponding period of 2015-16. “JK Tyre continues to make deeper inroads in the Indian market with higher sales of both truck/bus radials and passenger radials in volume terms. The company has recorded higher operating profit for the quarter on consolidated basis," said Raghupati Singhania, Chairman and Managing Director of JK Tyre & Industries. The shares of the company closed at Rs102.20, down 2.76% on the BSE on Wednesday.
 
The Lok Sabha on Tuesday passed The Employees Compensation (Amendment) Bill, 2016, as Union Labour Minister Bandaru Dattatreya said a large number of workforce in the organised sector will benefit. The bill provides for higher compensation in case an employee is injured in industrial accident and has a provision for hefty penalty in case of violation by employers, officials said. "A large number of organised workforce will be benefited by it.... Labour is a big component in the nation-building activity as their participation is very high. India has got a huge human resource. That is why labourers or workers play a significant role in building the nation," the minister said while piloting the draft legislation in the lower house of Parliament. At the end of the debate which saw participation of several members, Dattatreya said the new legislation provides for payment of compensation of Rs50,000 to Rs1 lakh to employees and their dependents in case of injury in industrial accidents and also occupational diseases. Besides, Rs50,000 compensation, there will be "penalty for failure to display the Act" by the employers. This is likely to push up quality and also costs in the corporate sector and where the additional costs cannot be passed on to the customers, through higher prices, corporate earnings are likely to be adversely affected to that extent.
 
The top gainers and top losers of the major indices are given in the table below:
 
 
The closing values of the major Asian indices are given in the table below:
 

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HDFC bank denying zero balance accounts to Gurgaon villagers
A few branches of HDFC Bank in the rural areas of Gurgaon are declining to open accounts with zero balance for students, farmers and labourers under Pradhan Mantri Jan-Dhan Yojana (PMJDY) scheme, applicants said here.
 
HDFC Bank has stopped opening accounts with zero balance in Gurgaon's Manesar, Sohna, Pataudi and Taoru regions.
 
At least 10 new branches of HDFC Bank were opened in the rural belt of the district including in Sikanderpur (Badha), Shikohpur, Hayatpur and nearby villages a few years ago to provide banking facilities to the villagers.
 
Villagers said they were denied an account with zero balance even before the PMJDY scheme was launched.
 
"We opened accounts under PMJDY scheme till October last year (2015) but currently opening of accounts with zero balance has been stopped till further orders from the headquarters," a senior HDFC Bank official said on the condition of anonymity.
 
"Accounts under HDFC's bank schemes number (section) 174 and 171 (for farmers and labourers) have been banned," he said.
 
Said Paramveer, a student: "I had deposited all required documents over three months ago at Sikanderpur (Badha) branch to open an account with zero balance. But bank officials are forcing me to open the account with minimum Rs 5,000 or 2,500 balance."
 
"The bank imposes fine on the account holder if the accepted minimum balance is not maintained," added an accountant.
 
"I had applied for an account under PMJDY but was denied," said a farmer from Hayatpur.
 
"We have received dozens of applications for such accounts and we are forwarding 'genuine cases' to circle head office to seek permission to open accounts with zero balance," Praveen Mehta, a senior executive at Sikanderpur (Badha) branch, told IANS.
 
When contacted at PMJDY's national helpline number (18001801111), the call attendant said: "One can open an account under PMJDY at any bank after providing required documents and can avail benefits provided under the scheme."
 
Satish Yadav, a senior official with a government bank, told IANS: "Private banks usually refuse to open such accounts because they don't want to give benefits awarded under PMJDY scheme to the customers."
 
PMJDY is a national mission on financial inclusion to ensure access to various services like availability of basic savings bank account, access to need based credit, remittances facility, insurance and pension to the excluded sections -- weaker sections and low income groups. 
 
Accounts can be opened in any bank branch or business correspondent (Bank Mitr) outlet. PMJDY accounts are being opened with zero balance. However, if the account holder wishes to get a cheque book, she/he will have to fulfil minimum balance criteria.
 
Disclaimer: Information, facts or opinions expressed in this news article are presented as sourced from IANS and do not reflect views of Moneylife and hence Moneylife is not responsible or liable for the same. As a source and news provider, IANS is responsible for accuracy, completeness, suitability and validity of any information in this article.

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