Know your rights | www.hrln.org | 2006

F.I.R & N.C.• Cognizable offences

– Police can directly register a First Information Report (F.I.R.) & investigate.

– Police can arrest the accused without a warrant.

– E.g.: 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.

– E.g.: causing hurt, criminal intimidation.

• The Code of Criminal Procedure 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.D. 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 lawyer.

• You relative/friend must be informed of your arrest and place of custody.

• Police must prepare a memo of arrest, signed by your 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.

F.I.R & N.C

Know your rights | www.hrln.org | 2006

F.I.R & N.C

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’.

• You and the arresting officer should sign ‘Inspection Memo’. 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) must be present when you /your premises are searched.

• An accurate list of articles seized from you/your premises must be prepared and given to you immediately.

PRODUCTION IN COURT

• You must be produced before the nearest Magistrate within 24 hours of arrest.

• You can be sent to police custody only for the first 15 days from the date of production before the Magistrate. After that, you must be sent to judicial custody.

• You can ask for copies of the F.I.R. and remand applications filed in the court.

• If the police file a charge sheet against you, they must give you a copy free of cost.

LEGAL AID

• If poor, you have a fundamental right to a lawyer at state cost.

• Your lawyer can remain present during the interrogation by the police.

• You have a right to mulaqats with your lawyer while in custody.

BAIL

• If arrested in a bailable offence 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 offence, apply to the court for bail.

• Bail can be of 3 types: – Cash bail – You have to deposit cash in the court. – Surety bail – Some person has to stand guarantee for your presence in court. – P.R. Bond – You are released on your own bond and undertaking to remain present in court when directed.

• Keep the following ready for production for/on grant of 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: – The charge sheet is not filed within 60 days of the date of production before the Magistrate for the first time, in cases where the offence is punishable with imprisonment of less than 10 years. – The charge sheet 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.

Know your rights | www.hrln.org | 2006

JUVENILES

• Juvenile 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.B. 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 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.

F.I.R & N.C

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.

WOMEN

• 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.

OTHER RIGHTS OF PRISONERS

• You are entitled to decent food, soap, clothing, bedding, medical care, sanitation facilities, etc.

• You have the right to write and receive letters.

• You have the right to meet your family and friends.

• You can receive books, newspapers and other publications at your expenses.

• 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.

F.I.R & N.C

SAMPLE APPLICATION FOR BAIL

IN THE COURT OF THE LEARNED MAGISTRATE AT ____________________ (mention place)

COURT NO. ______

CASE NO. ________

In the matter of__________________________________________________ . . .Applicant/Accused Versus

State of Maharashtra ____________________________________________ . . .Respondent

(At the instance of ____________________ Police Station)

APPLICATION FOR BAIL

1. I was arrested in connection with this offence on _________(mention date of arrest) u/s ______(mention sections under which arrested) of the ___________(mention Act under which arrested. Eg: Indian Penal Code).

2. The facts of the case as alleged by the police are that __________________________ (mention allegations/facts of offence).

3. I submit that I am innocent, and have been falsely implicated in this case.

4. I have been in custody for ____________ (mention period of custody).

5. I live with ________________________________ (mention family members/dependents). I am the sole earning member of my family. (Mention only if true)

6. I am a permanent resident of _______________ (mention place). I reside with my family at ______________________ (mention address). I undertake not to abscond.

7. I undertake to comply with whatever conditions are imposed by this Hon’ble court. I undertake not to tamper with the evidence or threaten the witnesses. I undertake to attend the court and the police station whenever required by this Hon’ble court.

8. In these circumstances it is prayed that Your Honour may be pleased to:

a. release me on bail in case no. _________ of _______________ Police Station,

b. pass any such orders as Your Honour may deem fit and proper.

Place:

Date:

Sd./-

Applicant/Accused

IF THE POLICE OR PRISON AUTHORITIES VIOLATE YOUR RIGHTS, COMPLAIN TO THE JUDGE IMMEDIATELY.