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F.I.R. & N.C.
Cognizable offence
Police can directly register a First Information Report (F.I.R.) & investigate.
Police can arrest the accused without a warrant.Eg : rape, murder.
Non-Cognizable (N.C.) offences
Police can register a case, but need the permission of the court to investigate.
Police cannot arrest the accused without a warrant.
Eg : causing hurt, criminal intimidation.
The Code of Criminal Procedure (Cr.P.C.) lays down whether an offence is Cognizable or Non-Cognizable.
F.I.R.
Anyone can file a F.I.R.
F.I.R. must be taken down in writing, read over, and explained to you.
F.I.R. must be signed by you.
You have a right to get a copy of the F.I.R. free of cost.
N.C.
Police will record your complaint in brief.
Request the police to read the N.C. complaint over to you.
Police should give you the N.C. case number in writing.
If the police refuse to record your F.I.R., send it in writing by R.P.A.C. to the Commissioner /
Superintendent of Police, who can investigate the case himself or direct a subordinate officer to
investigate.
If the police do not take action, file a private complaint in the court.
ARREST
The Police officers arresting and interrogating you must wear clear and visible identification and nametags with their designations.
Police cannot handcuff you without permission from a Judge.
You must be told the reason for your arrest, and informed of your right to bail and your right to a layer.
Your relative/friend must be informed of your arrest and place of custody.
Police must prepare a memo of arrest, signed by you family member/a respectable person from the area where the arrest is made.
Police must make an entry in the diary at the place of custody regarding the arrest, the relative/friend who was informed and the officer in whose custody you are.
The arresting officer must inform the police control room about the arrest and place of custody, which should be displayed on a conspicuous notice board.
MEDICAL EXAMINATION
Request a medical examination immediately after arrest. The doctor must examine you and record all injuries, major and minor in the ‘Inspection Memo’.
‘Inspection Memo’ should be signed by you and the arresting officer. Sign only an accurately filled-out memo.
A copy of the ‘Inspection Memo’ must be given to you.
You should be medically examined every 48 hours while in police custody.
While in prison/police lockup, make an application for medical treatment/hospitalization in case you do not get proper medical care.
SEARCH
Two independent witnesses (Panch Witnesses) should always be present when you /your premises are searched.
Call two witnesses (not from your family) to witness the search.
An accurate list of articles seized from you/your premises must be prepared and given to you immediately.
BAIL
If arrested in a bailable offense you are entitled to bail as a matter of right. Ask the police to release you on bail immediately.
If arrested in a non-bailable offense, apply to the court for bail.
Bail can be of 3 types :
1.
Cash bail – You have to deposit cash in the court.
2.
Surety bail – Some person has to stand guarantee for your presence in court.
3.
P.R. Bond – You are released on you own bond and undertaking to remain present in court when directed.
Keep the following ready for production for/on grant to bail :
Ration card, electricity bill, telephone bill, rent receipts, Election Commission I-card, PAN card, salary slip, bank passbook, cash.
One or two sureties who have the above documents.
You have a right to get bail if you are in custody and :
1.
The chargesheet is not filed within 60 days of the date of production before the Magistrate for the first time, in cases where the offence in punishable with imprisonment of less than 10 yers.
2.
The chargesheet is not filed within 90 days of the date of production before the Magistrate for the first time, in cases where the offence is punishable with imprisonment of more than 10 years.
If the bail amount is too high, apply for reduction of bail.
LEGAL AID
If poor, you have a right to demand a competent counsel at State expenses from the court.
If your lawyer is not competent you have the right to change your lawyer.
You have a right to interviews, visits, and confidential communication with your lawyer.
INTERROGATIONS
You can consult with your lawyer when you are being interrogated whether you are arrested or not.
You cannot be forced to make confession before the police or magistrate.
TORTURE
Torture is illegal. If you are tortured by the police or jail officials, or anyone else while in custody, complain to the Judge immediately, and show the injury marks on your body if possible.
Request that you be taken to the hospital immediately for a medical examination. Ask for a copy of the medical report.
If you are in police custody, request that you be sent to judicial custody immediately.
You cannot be forced to confess either to the police or the Judge. If a confession has been forcibly extracted, after torture, inform the Judge immediately and retract it.
PRODUCTION IN COURT
You can demand a chair from the court to sit during trial.
You have the right to get legible copies of all documents of accusations filed against you in the court
You can demand food and other basic amenities during your custody in the court.
You have to be produced before a magistrate within 24 hours of arrest. If you are not produce with in 24 hours complain to magistrate.
You cannot be remanded to custody in your absence.
PRISON CUSTODY
Person below the age of 18 must be sent to an observation home only.
You have the right to write and receive letter.
You have the right to meet with your family and friends
You can receive books, newspaper and other publication
You may have a journalist interview you.
You have to get reasonable wages for your labour while in prison.
Decent food, soap, clothing, bedding etc.
Transfer to prisons in far away places is not to be done.
WOMEN PRISONER
No arrest after sunset and before sunrise
A woman police constable must be present when you are arrested.
You can be physically searched by another woman only.
You can be medically examined by or under the supervision of a woman doctor only.
A woman arrestee should be detained in a women’s lockup.
Every woman prisoner must be examined once a month by the doctor while in prison.
A pregnant woman prisoner must be medically examined at the District government hospital, and provided with pre-natal and post-natal care.
A woman or minor girl witness cannot be called to the police station, but can only be interrogated at her residence.
CHILDREN AND JUVENILES
Juveniles in conflict with the law-one who has not completed 18 years of age and is alleged to have committed an offence
You must be sent to an Observation Home only, and cannot be detained in a jail or police lock up.
You have to be tried by the Juvenile Justice Board (J.J.B.)
The material date for determining whether you are a juvenile or not is the date of the offence.
You can submit any documentary proof of age such as a birth certificate or school leaving certificate to the court.
If you don’t have any documentary proof of age, apply to the court to conduct an ossification test/age verification test to determine your age.
The J.J.B. can release you on bail in a bailable or non-bailable offence.
The J.J.C. must complete the inquiry against you within 4 months.
The J.J.B. cannot sentence you to death or imprisonment.
The media cannot disclose any information about a juvenile that would reveal her or his identity.
Chapter proceedings cannot be instituted against a juvenile.
A male child witness under 15 years of age cannot be called to the police station, but can only be interrogated at his residence.
OTHER RIGHTS OF PRISONERS
You are entitled to decent food, soap, clothing, bedding, medical care and sanitation facilities.
You have the right to write and receive letters.
You have the right to mulaqats with your family and friends.
You can receive books, newspapers and other publications at you expense.
You can publish books and articles while in prison.
You have the right to be interviewed by journalists while in prison.
An undertrial prisoner cannot be forced to do labour while in prison. An undertrial prisoner who voluntarily works, or a convicted prisoner sentenced to more than 3 months who has completed the first 3 months of his sentence, should be paid reasonable wages for his labour while in prison.
You cannot be kept in solitary confinement.
HIV+ OR TERMINAL ILLNESS
· You may be entitled to premature release.
FURLOUGH/ PAROLE
· According to rules, you may leave prisoner for certain periods for specific reasons.
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