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