Question:
What is meant by a cognizable offence? Non-cognizable offence? Can an
FIR only be registered for a criminal/ cognizable case? Is every
cognizable case a criminal case? |
Answer:
A cognizable offence is a case where the Police can arrest without a
warrant. All cognizable cases involve criminal offences. Murder,
Robbery, Theft, Rioting, Counterfeiting etc. are some examples of
cognizable offences.
Non-cognizable offences are those criminal infractions, which are
relatively less serious. Examples of non-cognizable offences include
Public Nuisance, Causing Simple Hurt, Assault, Mischief etc.
The Police cannot register criminal cases or cause arrests with regard
to non-cognizable offences. In all such cases, the Police have to take
permission from a magistrate for registration of a criminal case. |
Question:
Is there a time frame for an FIR to be registered once the complaint is
given? |
Answer:
On receipt of a complaint disclosing a cognizable offence, the Police
should draw up an FIR forthwith. |
Question:
Who is the officer on duty? If the officer on duty is not present, what
are the alternatives to get the paperwork done (complaint, FIR)? |
Answer:
The senior most Police officer available in the Police Station at any
point of time, (SHO or his subordinate above the rank of a constable) is
the officer-in-charge, or the duty officer. If the SHO / Inspector is
not present, a Sub-Inspector or Head Constable will be the
officer-in-charge, who will receive complaint or lodge FIRs. |
Question:
What about jurisdiction? Can a crime committed in certain area only be
filed that area's station? |
Answer:
A complaint can be lodged in any Police Station. After registration of
the FIR, the Police Station registering the complaint can transfer the
FIR to the jurisdictional Police Station / AWPS for investigation. |
Question:
Can I have a receipt for my complaint? |
Answer:
Copies of FIRs are given free of cost. FIR copy is given immediately
after registration of a case. Where a case has not been registered, you
are entitled to an acknowledgement from the Police Station for your
complaint. This acknowledgement will carry a CSR number. |
Question:
What is the next step after a complaint is lodged? |
Answer:
If the complaint indicates a cognizable offence, an FIR should be
registered by the officer-on-duty of the Police Station and
investigation taken up; if the facts do not prima facie indicate
commission of a cognizable offence, a complaint should be registered in
the CSR (Community Service Register) and an enquiry taken up. |
Question:
What is 161? 162? 173? |
Answer:
These are provisions of the Criminal Procedure Code:-
Sec.161 and 162 Cr.P.C. deal with recording of statements of witnesses
by the Police. The statements of the witnesses are not to be signed.
Sec.173 Cr.P.C. states that after completion of investigation, the
investigation officer shall forward a Police report to the
jurisdictional magistrate giving the result of the investigation and
further action to be taken. |
Question:
What is a charge sheet? Is there a time frame for a charge sheet to be
framed? |
Answer:
When a Police officer gives a Police report under section 173 Cr.P.C.
recommending prosecution, it is called a charge sheet. After questioning
the accused and hearing the arguments, the magistrate frames charges on
the accused for which he is tried. |
Question:
What is compoundable? Non compoundable? |
Answer:
In certain offences, the parties involved can effect a compromise while
the case is under trial in the court. This is called 'compounding',
further action in trial is discontinued.
Cases
in which this is permissible are called compoundable offences. Examples
of such offences are Hurt, Wrongful Confinement, Assault, Molestation,
Cheating, Adultery etc. |
Question:
Who is a magistrate? |
Answer:
In the context of criminal matters, a magistrate is a judge empowered to
try certain classes of offences in his jurisdiction. He can also issue
warrants, order searches, grant or deny bail etc. An execute magistrate
is a government servant of the revenue department who exercises powers
of inquest, enquiry into allegations against Police and cases involving
security proceedings. |
Question:
My friend has borrowed a sum of Rs.10,000 from me after executing a
promissory note. He has not returned the loan. The Police are refusing
to arrest him when I complained about this. What can I do? |
Answer:
This is a simple civil transaction. The Police will not be able to
initiate any criminal action. You will have to file a civil suit in a
civil court for recovering the loan. |
|
"Slap" a charge
Question:
My brother was slapped by a neighbour. The Police have not arrested the
neighbour. What is the reason? |
Answer:
Causing a simple hurt is a non-cognizable offence. Police cannot
register a First Information Report on a non-cognizable offence nor can
they make an arrest. |
|
What do you mean..."It was not a robbery?"
Question:
I was robbed of a music system. It was stolen from our house when we
were away. The Inspector said it is not a robbery. Why? |
Answer:
Robbery involves use of violence against a victim in the course of
comitting a theft.
Burglary involves house-breaking and theft. If a thief steals some
articles from a house after breaking the lock or by opening the lock by
using a false key or by scaling over the wall, etc., he is guilty of
burglary.
Dacoity is robbery by a gang of five or more persons. |
|
Investigation in a burglary
Question:
If there is a burglary in my house, what steps will the police take? |
Answer:
After registration of a case, the Investigating Officer will visit the
scene of crime. Depending upon the availability of clues, he may be
assisted by 1. a Finger Print Expert to look for finger prints. 2. a
Police tracker dog 3. a Scientific Expert to help in collection of
scientific clues. |
|
Why did they take my finger prints?
Question:
There was a burglary in our house. The Police took finger prints of all
the inmates of the house. Does this mean they suspect us? |
Answer:
Not necessarily. At the scene, a lot of finger prints may be found -
some belonging to those of the inmates and some belonging to the
criminal. The finger prints of the inmates will be taken to eliminate
their prints and identify any prints of strangers, which may be those of
the criminal. |
COMMON TRICKS
|
Polishing of gold jewels
Question:
A stranger came home offering to clean and polish gold jewels. Is it
safe to entrust jewellery to him? |
Answer:
Often such people use some kind of liquid/acid in which some of the gold
will dissolve. Your jewels may glitter after the wash but you would have
lost some of the precious metal. |
|
Penny wise Pound foolish
Question:
What is theft by diversion of attention? |
Answer:
This is a technique adopted by some gangs of thieves. When a customer is
waiting at a bank counter, some one drops some coins and the innocent
customer's attention is drawn to the scattered coins on the floor. When
he is picking up the petty change, the criminals may take his bundle of
currency on the bank counter.
Another technique adopted by the gang is to squirt some substance on the
dress of a passerby and draw his attention to the 'stain' on the shirt.
A gang member may even pointout a convenient place nearby where the
stain can be washed away. When the victim puts down his bag or suitcase
and is engaged in cleaning up the stain, the bag or suitcase will
vanish. Keeping up with the times, this gang has now taken to snatching
laptops using the same technique. |
|
Double your wealth (!?)
Question:
Someone promised a friend of mine that he can double the amount of
currency notes given to him. Is he likely to give counterfeit currency
notes? |
Answer:
Your friend will be lucky if he gets counterfeit currency notes. More
likely, he will get a bundle of white paper cut to the size of currency
notes and concealed between layers of genuine notes. If your friend is
tempted by the offer of doubling of currency, he will end up losing his
hard-earned money. If any one offers to double your currency, report to
the Police. |
|
Pay Rs.1,000/- Get goods worth Rs.2,000/-(!?)
Question:
A new shop has appeared in our neighbourhood. The shopkeeper has
advertised that if you pay Rs.1,000, you will get goods worth Rs.2,000
after one month. Some of my neighbours have paid money and got goods
worth double the value after one month. Is it safe to invest in this? |
Answer:
More often than not, you will get cheated. Some of the initial customers
may get double the value but this is only a ploy to win the confidence
of the public. Once the shopkeeper makes enough money, he will vanish
leaving many of the investors in the lurch. |
FAQs REGARDING CRIMES AGAINST CHILDREN
Question:
Is there a need for the child to be present in the station when the
offender is being questioned? |
Answer:
No. In fact, the child need not be brought to the Police station at all. |
Question:
Can the child's statement be recorded by a magistrate at the time of
filing the complaint/FIR and the child never troubled again? |
Answer:
Unfortunately, there are no such special provisions. The child, as per
existing law, has to appear in the court for giving testimony at the
time of trial. (except in the offences under JJ Act, where the child
victim testifies before the Juvenile Justice Board.) |
Question:
Is there a procedure for taking photographs? Who takes it (NGO or
Police) |
Answer:
No specific procedure is laid down. |
Question:
In case of child victims, is it mandatory that the child himself/
herself has to lodge a complaint in the Police station? |
Answer:
No. The offence can be reported either in writing (personally or through
post) or by narrating orally to officer in-charge of Police station or
even through telephone. Any person having information regarding the
offence can report it. |
Question:
When a victimised child comes to a Police station, what are the
safeguards to minimise his trauma? |
Answer:
In every Police station, officers designated as the 'Juvenile or the
Child Welfare Officer' are available. They are expected to handle the
matters relating to children in distress as well as juveniles. They work
in association with approved NGOs. This is to ensure that the child is
not insensitively handled by untrained uniformed officers. |
Question:
Can a child kept in the Police station during enquiry? |
Answer:
No. A child offender or child victim cannot be kept in a Police station.
As an immediate measure, the care of the child victim should be
entrusted to approved NGOs/ Childline volunteers. A child offender
should be produced before the Juvenile Justice Board, as soon as
possible. |
Question:
Can a child be taken to the Police station for enquiry? |
Answer:
No. A child witness can be examined by the Police only at his / her
residence. |
Question:
What is to be done when a juvenile offender is apprehended by the
Police? |
Answer:
As soon as a Juvenile in conflict with law is apprehended by Police he /
she shall be placed under the charge of the Juvenile Police Unit created
for the purpose, or the designated Police officer, who shall immediately
report the matter to a member of the Juvenile Justice Board. Further
action will be taken on the directions of the Board.
Officer/ In-charge of Police station, after arrest of a Juvenile shall
inform the parents or guardians of the Juvenile and direct them to be
present at the board. |
Question:
What is the role of the designated Police officer of a Police station? |
Answer:
The designated Police officer the Police station, besides dealing with
the cases involving Juveniles, is also the Nodal officer for attending
the calls from 'Child Helpline' and for investigating cases relating to
child abuse. It is the duty of the SHOs to ensure that the designated
officers personally attend cases involving child victims. |
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