How can file an fir? explain and mention the rights of the Arrested person briefly.
Answers
Answer:
How do I do a FIR?
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1. File a written complaint addressing Station House Officer (SHO) or Senior Police Inspector (Sr. P.I.) describing your complaint. Nowadays you have online portal wherein you can register your complaint, thereafter the Police will come to your house to record your statement, if it is a crime against women.
2. If Senior P.I. or S.H.O. fails to register your FIR, then you can escalate the complaint to D.C.P. in urban area or S.P. in rural area. You can also send written complaint via registered post addressed to D.C.P. or S.S.P.
3. If you have exercised both the above options and still police has not registered an FIR, then you have no option but to file a private criminal complaint before jurisdiction Magistrate (JMFC) under Section 200 r/w 190(1) of Cr.P.C. with a prayer to order/direct police to register an FIR and investigate the matter. If JMFC feels your complaint is genuine, then he/she may pass order/direction under Section 156(3) of the Cr.P.C. directing police to register an FIR. (See: Lalita Kumari Vs. State of U.P. guidelines of Hon’ble Apex Court).
Please note for point no. 3 of the above suggestion, it would be better if you get your complaint drafted by a lawyer or advocate practicing criminal law.
In addition to what she has pointed out, few more (mostly in nature of advice):
Do not resist your arrest in any case. Never panic or try to evade the arrest. Never
Be very polite and straight forward, but please do not become an extreme right activist that may irritate the officer. (Wait till the legal procedure to get started or your lawyer to arrive, claim all your rights then)
Right to see Arrest memo and Inspection memo: These two are very important document. If by any change you have to stay night long in lock-ups, this comes handy.
Inspection memo details about your physical appearance in details, so next day if you have any bruises the Police officer would be in trouble.
Similarly, Arrest Memo must be prepared at the time of arrest – (i) attested by least one witness, it can be family member or member of locality where arrest is made (ii)counter signed by arrested person. It also contains the first details about the arrests, so don’t sign if there is misrepresentation of facts.
The police officer must be wearing a clear, visible and clear identification of his name which facilitate easy identification. If not, ask for his identifications and never accompany him without that
Right to be arrested only in presence of lady constable of officer. (for women)
Right to be locked up in separate lock up for females
Right to privilege communication with your lawyer.- Remember Lawyer Client communication is protected by the Indian evidence act. So you have all the right to demand privacy when speaking to your lawyer. No police can listen your communication, though he may listen when you talk to your family/friends
Right to seek medical help. If you are physically injured while arrest process, you have a right to immediate medical help. Inform this to your lawyer/ family and click photos if possible.
Try to remember name, badge number and face of the Police officer who arrested you. If possible tell this your friend/ relative/ lawyer. In case the police officer assaults you this will help in his identification.
Write down the things happened (you can demand a paper and pen) and keep with you. It comes handy to refresh your memory as to what exactly happened and so that you do not miss out on any point.
Do not touch or misbehave with the officer (do not get into a heated argument with the officer)
While driving or in car, immediately show your ID card and car registration as soon as police arrests you, because many a times, police arrests you for not disclosing your identity.
if stopped for breaking rules. Don’t bribe, ask for a challan and pay the fine, which is (generally) very nominal
Bottom-line: Remain polite and police will respect your right & (Most imp) no matter what, never ever open your mouth before you had a word with your attorney.
EDIT: On the basis of comments received, adding few basic rights (Although tejasvita Ma’m has already pointed them out, which is why i did not wrote them again)
Right to Remain Silent: You have a right to remain silent. Police cannot force you to open your mouth. Do not speak a word, without consulting a lawyer.
right to information: There is a subsisting right to information about the nature, basis and premise of allegation. You can demand a copy of FIR/complaint and warrant for that purpose.
Right to Legal Aid: There is a right to demand your lawyer before speaking anything. If you cannot arrange yourself, the state will provide a lawyer to you for legal aid
Right to inform Family/relative: There is a right to inform your family/relative as soon as the arrest is made.
Explanation:
Hope it's helpful to you ☺️