An important judgment by Supreme Court came in 2014 wherein directions were issued to Home Department of all the States (which have both Police and State Prosecutors under them) to ensure that only people against whom there is sufficient evidence of having committed a crime are prosecuted. It was also directed that if an accused is acquitted after a trial, an accountability is taken as to why the Police or Prosecution failed to convict that accused person, and erring Police Investigation Officers (IO) and Prosecutors should suffer departmental action. The judgment can be referred to at: State Of Gujarat vs …[Continue Reading]
Mandatory uploading of FIRs to state police websites – SC judgment to protect rights of accused
There were several High Court judgments where to protect the fundamental rights of the accused, directions were given to respective state police to upload the FIR to state police website within 24 hours or so of lodging of FIR. Finally in 2016, in a PIL filed by Youth Bar Association of India, Supreme Court made it mandatory for all States’ police nationwide to upload copy of FIRs within 24-72 hours of lodging of FIR. There are other directions too regarding how an accused can get certified copies of FIR. The full judgment text is given below, with the paras containing …[Continue Reading]
How to search, find, and download electronic copy of FIR uploaded by Police?
This post will give links to various websites of State police departments in India, where one can find FIR and download a copy. Note: these are NOT about filing an FIR (First Information Report), but only to find and download electronic copy of an already existing FIR which has been uploaded by respective state’s police. The direction to upload copy of FIRs came about due to this judgment by Supreme Court in 2016, the main intention being to protect rights of the accused who by law (CrPC) could not get copy of FIR until filing of charge-sheet by police in …[Continue Reading]
Delhi police stations (and CAW?) to be covered by CCTV as per Supreme Court order
Yesterday I had covered recent news about Supreme Court ordering all locks-ups in police stations (and prisons) to mandatorily have CCTVs installed. While searching for that news, I found that SC has already issued orders in April, 2015 that all Delhi police stations should be covered by CCTVs. And this order is not only for lock-ups inside police station, but basically seems to cover whole of PS, which should definitely cover the lobby/reception and other important areas where complainants and others meet the police officials. There are two news on the matter, and the earlier one is from Apr 23, …[Continue Reading]
Supreme Court makes CCTV mandatory in all police stations
According to this latest news, Supreme court has made video capturing via CCTV mandatory in all police stations. Update Jul 27, 2015: This news has appeared only in few newspapers so far. According to this news reported by Economic Times, the SC has made CCTV to be mandatory in prisons, and in police lock-ups. Police lock-up does not necessarily imply all rooms of the police station are to be monitored under CCTV, but definitely CCTV should cover the lock-up rooms where arrested people are detained. Even that should be a good start, and within few months, people can start filing …[Continue Reading]
How to take action against police or magistrate for 498A arrest without following CrPC 41, 41A
Although most of the time I see that the people joining men’s forums are not getting arrested upon 498A FIR, there are a few who have been arrested. I think they are aware of the SC judgment against arbitrary arrest in 498A, but haven’t taken any action against police/magistrate after that. The Arnesh Kumar SC judgment is already blogged here which gives full judgment text of “no automatic arrests in 498A” judgment by Supreme Court on Jul 2, 2014. This post is meant for anyone who got arrested under 498A after Jul 2, 2014, and wants to do something about …[Continue Reading]
False rape by model against Mumbai DIG Sunil Paraskar falls flat
Usually some MRAs feel sense of delight when a false sexual harassment or 498a/DV case gets filed against the godfathers in Indian society: the police, judiciary, politicians etc. The idea being that once these godfathers feel the heat of false cases, they just might do something for the aam-aadmi and mango people of the country. http://timesofindia.indiatimes.com/city/mumbai/Rape-allegation-against-Maharashtra-top-cop-Sunil-Paraskar-is-for-publicity-Models-ex-lawyer/articleshow/39690642.cms MUMBAI: In a new turn to the rape and molestation case against IPS officer Sunil Paraskar, a former lawyer of the alleged victim, a model-turned-actress, has said she never told him about the rape and claimed she brought up the charge to gain publicity …[Continue Reading]
Another rape for non-marriage scam!
As usual, the police has promptly dispatched team to arrest the accused… see another post just few days back about police treating live-in relationship gone sour as rape! http://www.ndtv.com/news/cities/woman-alleges-rape-after-ex-lover-breaks-marriage-promise-29095.php A jilted lover lodged a complaint against her former lover on Sunday after he dumped her and tried to marry someone else. The 29-year-old engineer was in love with Jitendra Vasant Patil , a resident of Nandurbar, for the past four years. According to the Shivajinagar police, the victim claimed that Patil forced her to have a physical relationship with him, saying he wanted to marry her. Patil, an interior designer, …[Continue Reading]
Brain-deficient police treats live-in relationship as rape!
Here is another instance of action-happy, but brain-deficient Indian police whose policy on any rape complaint by a woman seems to be to lodge FIR, arrest the man accused, and then think of what to do about investigation and putting charges. When lawmakers have made laws like PWDVA (protection of women against domestic violence act), which clearly recognize the occurrence of live-in relationships, and provide reliefs for woman in a live-in relationship; it is clear that a rape charge by a woman in a live-in relationship is nothing but abuse of laws. Indian Supreme Court has recently said that live-in …[Continue Reading]
Delhi Additional Sessions Judge convicts DCP, ACP of Delhi for contempt of court
IN THE COURT OF SMT. PRATIBHA RANI, DJIII CUM I/C ASJ (WEST), DELHI *** M No. 12/09 D.N. Joshi, Advocate & Anr. ……….Petitioners Versus Sh. Sharad Aggarwal, I.P.S. & Ors. ………Respondents **** M No.3/2010 Smt. Meena Sen & Anr. ……….Petitioners Versus Smt. Damini & Anr. ………Respondents **** ORDER An application under Sec. 12 of Contempt of Courts Act 1971 for initiating contempt proceedings against the respondents has been filed by Sh. D.N. Joshi and Daya Ram Badalia, Advocates. During the pendency of this application, another application was filed by Smt. Meena Sen and her husband Sh. Ramesh Chandra Sen with …[Continue Reading]
Recent Comments