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?
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 Kishanbhai on 7 January, 2014 Para 20 of above SC judgment is given below: 20. Every acquittal should be understood as a failure of the justice delivery system, in serving the … [Read more...] about RTI to bring accountability of Police Investigation Officers (IO) and State Public Prosecutors based on Supreme Court judgment in State Of Gujarat vs Kishanbhai, 2014
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 directions regarding upload of FIRs (paras 12 and 13) made in bold:WP(Crl.) … [Read more...] about Mandatory uploading of FIRs to state police websites – SC judgment to protect rights of accused
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 court. Now, by having access to online FIR, the accused can easily get the FIR copy (without paying bribes etc), and start preparing for investigation, or defence before impending trial. How to use the … [Read more...] about How to search, find, and download electronic copy of FIR uploaded by Police?
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, which seems reliable enough. To keep eye on cops, SC wants CCTV cameras at police stations – Indian Express, Apr 23, 2015 Delhi government gets its way on CCTV in police stations – Times of … [Read more...] about Delhi police stations (and CAW?) to be covered by CCTV as per Supreme Court order
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 RTI on local PS to ask if they already have CCTV monitoring done or not, how many lock-up rooms, how many CCTV, by when it will be done etc. Also, there is good information given in this Delhi HC … [Read more...] about Supreme Court makes CCTV mandatory in all police stations