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When can police take action?

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When can police take action?

Section 151 empowers a police officer to arrest any person, without orders from a Magistrate and without warrant, “if it appears to such officer” that such person is designing to commit a cognizable offence and that the commission of offence cannot be prevented otherwise.

What happens when someone files false FIR against you?

So, If a false FIR has been lodged against a person then under section 482 of CrPC, the person can approach The High Court by filing an application for the quashing of the false FIR and The High Court, if convinced that the FIR has been falsely implicated, can use its Inherent power under Section 482 Crpc to quash the …

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What if police does not take action after Fir?

You can file writ in high court of your state which can direct and even direct police personnel who has shown negligence in his work and did not take any action against culprits.

What is the punishment for filing a false FIR?

If such criminal proceeding be instituted on a false charge of a offence which is punishable with death, imprisonment for life or for seven years or more, than the person making such false chargesshall be punished with imprisonment which may extend to seven years and shall also liable for fine.

How do you file criminal case?

At the stage of trial the Complainant shall be summoned by the Court for recording his evidence.

  1. Filing a complaint before the Magistrate.
  2. First Information Report (FIR)
  3. Investigation.
  4. Jurisdiction of police station.
  5. Refusal to record information.
  6. Reporting an offence of a cognizable nature.

How do you handle false FIR?

If a False F.I.R gets lodged against a person for a non-bailable offence, then that person, to circumvent the police custody can apply for Bail under section 438 of the Code of Criminal Procedure, 1973 before the Session Court or the High Court, before the arrest is made.

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Why can a police officer refuse to file an FIR?

A police officer can refuse to file your complaint if he believes the case is of petty issue or also if they don’t have the territorial jurisdiction in such cases. Crimes are generally segregated into “cognizable” and “non-cognizable” offences. FIRs are lodged only for cognizable crimes,…

What is the First Information Report (FIR) in criminal cases?

The First Information Report (FIR) is lodged in Criminal cases under Sec 154 (1) (X) of Crpc before the police. The FIR can be lodged only in case of Cognizable Offences defined in Sec 2 (c) of Crpc and not for Non-cognizable offences. Schedule I of Crpc contains the list of Cognizable offences for which FIR can be lodged.

What is the difference between an FIR and a police complaint?

The main point of difference between a first information report and a police complaint is that an FIR relates a cognizable offence whereas a police complaint can be filed for both non-cognizable and cognizable class of offences.

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Can a non-cognizable offence be disclosed in an FIR?

Where the offence disclosed in the FIR is a non-cognizable offence in such a case, the police cannot start the investigation without the order of the Magistrate u/s 155 (2) of CrPC. Where the Allegations made in the FIR are unbelievable, absurd that there is no ground to initiate the proceedings against the person.

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