Biggest threat from supposedly-protective Police is the misuse of the official power that they are delegated with, as per law. The following are some of the aspects that may be helpful for you to deal with this misuse of powers menace. List of Police websites is here.
BNSS is available here.
Note: If you need some reliefs from Judiciary, go here.
Threats of all kinds
- Generally, some Police calls you up and demands your appearance in the Police Station. He/She gives threats if you disobey such demands. Be clever and ensure you create electronic evidence of such threats and in this digital age, it is easy to get such corrupt/abusive police out of department. That is, only if you want to do that. If you have fear of later consequences, do not do this and suffer later.
Routine Violation of Guidelines issued by Supreme Court of India in it’s Judgments/Orders
- No automatic arrest should be effected for any offence in India which carries a punishment of 7 years or less. In such cases, strict adherence of procedure laid down in 41A CrPC is to be followed. This is as per Arnesh Kumar judgment. All the baseless false and motivated cases fall within this bracket. So, if any police violates this guideline, there are consequences listed in the same judgment. So, invoke this judgment, if the offences listed in FIR carry punishment of 7 years or less. This protection is reinforced by this judgment here. Read this page too. The procedure to be followed by police while arresting is elucidated in the landmark judgements here and here.
- To overcome this hurdle placed by the Hon’ble Supreme Court, Police add at least one section which carries punishment more than 7 years or less. If that case, immediately obtain Anticipatory Bail u/s 438 for all the accused persons mentioned in the FIR and this is not a stage where you can argue that allegations on accused other than A1 (most probably your parents and siblings) do not make out the said offence/section. Read about Anticipatory Bail in the below section. Make good use of the efiling facility, during COVID-19 times, as Bails are categorized as Urgent matters, with the help of any advocate in your favorable/local area.
- Even if civil matters are pending in courts between parties like DVC, Maintenance, Divorce, Custody, Succession, Police cannot deny to register FIR. 3-Judge bench of SC says so here.
- Use this latest judgment here if Police tinker with 41A CrPC/35 BNSS Notices. Police have to attach FIR copy along with 41A CrPC/35 BNSS Notice.
Get FIR from Police websites
Obtain a copy of FIR from the websites of the respective police departments. The list is here. Show them this landmark judgment here, if they act smart.
Use RTI to Obtain Complaint Copy and FIR
One can file a RTI application to the Public Information Officer (PIO) designated to every Police station and seek a copy of Complaint and FIR laid against you. It will take 30 days or less for this, as stipulated in the RTI Act. You can invoke Sec 7 – Risk to live or personal liberty to obtain the above documents in 48 hours.
Compoundability of Offences u/s 320 Cr.P.C.
Not all people can dare to go through the rigors of an Criminal trial for obvious reasons. Cr.P.C provides section 320 which has a list of offences that can be compounded by settling the matter amicable in a Lok Adalat.
In Andhra Pradesh, 494 IPC and 498A IPC are made compoundable via a State amendment here on the recommendation of the Chairperson, AP Women’s Commission.
Bail
Go here.
Additionally, stop all further communication with the gang of Opposite party family, as it is easy for them, on that fact alone (can claim a ground that you threatened them with what-not) to get your bail cancelled. Do NOT be a emotional dumbo and screw your (and your family/parent’s) bail. Please.
And once an Anticipatory Bail is granted, it protected the grantee/accused until the end of trial and there is no need to obtain Regular Bail, after Charge sheet is filed by Police into the Court. Case law here.
Register a complaint against Public Servant (No sanction from Government required!!!)
If any Public servant (read as Judge, Magistrate or Police) does something to violate their duty as prescribed u/s 197 CrPC, they are liable for criminal prosecution u/s 166A IPC. Read full details here.
Additionally, you can invoke section 29 of Police Act 1861 here or/and Section 4 of Police-Forces (Restriction of Rights) Act, 1966 here.
Beauty of Zero FIR
In Lalita Kumari judgement here, Supreme Court held that if a cognizable offence is reported or brought to the notice of a police station, the IO of that station has to register an FIR. If the said police station does not have territorial jurisdiction, it has to register a FIR with zero ‘0’ number and then transfer it to the police station which has territorial jurisdiction. Other judgments on same principle here or listed in chronological order here.
Possibility of Quashing the FIR and the subsequent proceedings
Once you (and/or your family members) are safe from Police clutches, evaluate the possibilities of Quashing the entire proceedings initiated by Police (or Court) u/s 482 CrPC. Begin reading from here to understand what is meant by a Quash Petition and how best to use it (if applicable) in your cases.
Investigation and Charge sheet
- Police are given certain time to complete investigation, as per Law. No point in poking them with RTI applications seeking progress/evidence collected, copy of Charge sheet etc. as such documents will be anyways given to accused persons (one complete set for each accused person) on your first appearance day in Court, after you receive summons from Court. Check your case details/progress regularly on eCourts app.
- Police may offer to remove sections and/or accused person from charge sheet for some gratification. On payment of bribe, they may follow through on do so as well. What they do not tell you is about a petition/right called as Protect petition that the de-facto complainant has. By filing this petition or by appearing in Court and orally giving statement that Police colluded with accused and removed sections and/or accused person from charge sheet for some gratification, Magistrate/Judge is within their power to restore back the sections and/or accused person on to the charge sheet. Don’t fall for this trap and lose money, as what you get in return is illusory.
- If the I.O. decides to file a charge sheet against you upon completion of investigation, you can request (no demand here) that you be given a copy of charge sheet and other documents (including witness statements recorded u/s 161 CrPC) that are being submitted to Court u/s 173 CrPC.
- This relief lies in 173(7) CrPC which reads as: “(7) Where the police officer investigating the case finds it convenient so to do, he may furnish to the accused copies of all or any of the documents referred to in sub-section (5).”
File a complaint at Police Station
Whenever you have to report a cognizable complaint to Police, just follow the three steps in that very same order quickly. Do not crib or cry, if one step does not work per your liking.
PRE-COGNIZANCE STAGE:
- Register a written/oral Complaint with the nearest police station where the crime has occurred. This is mandatory as per section 154(1) CrPC.
- In the event Police do not register FIR based on your complaint, come back from there and file a Escalation letter (do not send same complaint as-it-is; if you want, you annex a copy of your complaint given at police station to this Escalation letter) to Senior Superintendent of Police of the District or the Commissioner of Police of the Metropolitan City via Registered Post with Acknowledgement Due card. This is mandatory requirement as per section 154(3) CrPC.
- Once your complaint to PS in (1) and escalation to SP/CP/SSP in (2) are exhausted and do not give result (registration of FIR and providing a copy to you, free), then register a complaint with the Magistrate Court which exercises Jurisdiction upto the above PS/SP Officer. The prayer will be to ‘direct the SP to direct the PS to register FIR. This is the procedure as per section 156(3) CrPC. If a FIR is registered in any of the these three scenarios, such case is called a Warrant case.
- The judgments list is here.
POST-COGNIZANCE STAGE:
- If Magistrate does not pass any direction as per above procedures, file a complaint directly u/s 190 CrPC r/w Sec 200 CrPC and Sec 202 CrPC. This is called as Private complaint.
- There is scope for going to High Court u/s 482 CrPC.
- If all of the above steps fail, go to the High Court under Writ Jurisdiction and file a Writ Petition u/Article 226 of the Constitution of India, seeking registration of FIR.
Note: Check the Schedule 1-Table in CrPC book to know if a particular IPC crime is Cognizable of not.
Remedies against Malicious Prosecution in India
Check out this page here.
MASTER SITEMAP here.
