One of the common refrain or complaint of public is that even if they go to police station to report about some crime, they will be sent back and their complaint or FIR will not be registered. In matrimonial related cases, it has been seen that any complaint by wife is taken and registered into an FIR easily, whereas any complaint or FIR by husband is taken only if there are visible injuries or blood on him! I have seen one such case where FIR under IPC Section 323 was registered on in-laws party due to a bleeding head injury inflicted on husband. On the other hand, recently there were circulated on Twitter photos of a man with visible injuries on his head along with blood streaking down, but police has refused to register an FIR! Sending husband back is probably the more … [Read more...] about How to file FIR or Complaint if police refuses to register it?
Following Supreme Court judgment settles the point and removes confusion about what powers does police have in terms of deciding when or when not to register an FIR when a complaint is made to police station (PS). Generally it is seen that if a woman approaches police, an FIR is registered without much trouble (subject to first procedure CAW/so called counselling and now family welfare committee provision in limbo), no matter how weak or incredulous the evidences may appear when the police actually gets to investigation state. So information in this article can be utilized by husbands who need to approach police in case of assault, threats, or other criminal complaints against wife/in-laws. That’s where knowledge of law is needed since one’s gender is not the … [Read more...] about SC judgment mandates registration of FIR for ex-facie cognizable offence, else preliminary inquiry to ascertain if cognizable offence – Lalita Kumari vs Govt.Of U.P.& Ors on 12 November, 2013
This recent judgment of Madras HC (when do they plan to change the name to Chennai HC (?)) throws light on provisions of CrPC 160 under which police can call witnesses for investigation for any crime.CrPC 160 is reproduced below:Section 160 – Police Officer’s power to require attendance of witnesses1. Any police officer making an investigation under this Chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the facts and circumstances of the case; and such person shall attend as so required:Provided that no male person under the age of fifteen years or above the age of sixty-five years or a woman or a mentally or physically … [Read more...] about Police can only call people via written notice for investigation: Madras High court guidelines on CrPC 160
On 11th Mar, 2015 in Rajya Sabha, government disclosed its intentions of making IPC 498A compoundable: Minister of State for Home Affairs Haribhai Parathibhai Chaudhary, in a written statement in Rajya Sabha, replied with a "yes, sir" when he was asked whether government proposes to make Section 498A of IPC a compoundable offence by appropriate amendments in the CrPC."The government has the proposal to make Section 498A of the Indian Penal Code a compoundable offence, with the permission of the courts, as per the recommendations of the Law Commission of India and the .. I have already posted about the meaning of compoundable and non-compoundable offences in some detail. Previously in Sep 2014, government was proposing making 498A both bailable and compoundable, where I had covered it’s … [Read more...] about Government proposes making IPC 498A compoundable
After Jul, 2014 SC judgment against automatic arrest under 498a and home ministry advisory to follow CrPC 41 and 41a guidelines to avoid arbitrary arrest in 498a (and offences less than 7 years punishment), probably a first judgment has come from a Delhi court criticizing the Punjab police investigation officer for doing his supposedly god-given duty of proceeding to arrest the Delhi resident after a IPC 498a complaint was filed in Amritsar, Punjab. It’s about time that police learn to follow the law else it’s a matter of time someone who was arbitrarily arrested without following CrPC 41, 41a by police will file a contempt against police in high court, and at that time there will be no escape from punishment because of precedent created by SC. … [Read more...] about Delhi court says police must follow SC guidelines against casual arrest in 498a case etc
After a recent Supreme Court judgment to prevent arbitrary arrests under IPC 498a, the home ministry has sent a letter to all states and union territories informing and advising them about the same judgment. The letter dated Jul 10, 2014 is given below. It has to be send to State Secretary as well as DGP (Director General of Police) of each state. In due course of time, the knowledge about this SC judgment and about following CrPC 41 and 41a guidelines on powers and procedure to be followed by police before arrests will percolate to each police station. Use this circular to make the local police aware if they aren’t already (don’t assume they are). PDF copy is here, and the same 2 pages are given in the post below. Will this circular ensure that I don’t need to worry about arrest … [Read more...] about Home ministry’s advisory letter/circular to State/UT to curb misuse of IPC 498a and arrest by police