(1) WHAT TO DO WHEN THE POLICE OFFICER REFUSES TO TAKE THE COMLAINT OR
WHEN THEY DID NOT INQUIRE PROPERLY?
REMIDIES:
If a police officer did not inquire properly or refuses to file the FIR then,
Write down the complaint and send it to the superintendent of police through Registered Post. If the Superintended of police feels there is merit in the case, they can appoint a police officer to start an investigation.
Take the help of a lawyer while going to the police station.
Getting help through media
Go to another police station nearby to file the FIR.
Approach the District/Judicial Magistrate directly to file a ‘Private Complaint’.
Approach other complaint forums, like the National/State Human Rights Commission.
PUNISHMENT:
In India, the law on criminal procedure is regulated by the Code of Criminal Procedure, 1973. Section 173(1) of the Code says that every police investigation should be completed without unnecessary delay. Further, the investigation has to be fair, prompt, transparent and judicious to both the victim and the person accused of a crime. An investigation which is ineffective, unfair, unclear, irresponsible, or delayed, is against the fundamental rule of law under Article 21 of the Constitution of India, 1950.
The complainant/victim may alternatively file a petition in the High Court for transferring the investigation to an independent agency like the Central Bureau of Investigation (CBI). The complainant/victim can also file a complaint against the Investigating Officer for deliberately disobeying any law which regulates the manner of conducting an investigation. Under Section 166A of the Indian Penal Code, 1860, the officer can be punished with imprisonment for 6 months to 2 years, along with a fine.
(2) WHAT TO DO IF ANY FALSE ALLIGATION OR FIR IS RAISED ON YOU?
REMIDIES BEFORE ARREST:
A. Anticipatory Bail: As soon as a false FIR is filed, you can file an anticipatory bail in either the Session Court or High Court under Section 438 of CRPC, 1973 before the arrest is made. After a person has been arrested, the accused can seek bail under Section 437 and Section 439 of CRPC
B. Under Section 482, High Court has the inherent power to pass any order which is necessary to Prevent abuse of process of Courts; or To secure ends of justice to the people.
C. The victim can approach the High Court to quash the false FIR against him/her under Article 226 of the constitution of India. Finding that grave injustice has been caused to the victim of the false FIR, the High Court can issue two kinds of writs.
PUNISMENT FOR FALSE ALLIGATION:
False information – Section 182 of the Indian Penal Code: Giving false information, with intent to cause public servant to use his lawful power to the injury of another person. Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public. servant to cause injury or annoyance to the accused person, can be imprisoned up to 6 months. Or Fine up to 1000 or both.
Falsely charged with an Offence –Section 211 of the Indian Penal Code:
Whoever, with intent to cause injury to any person, institutes or cause to be instituted any criminal proceeding against that person, or falsely charges any person with having committed an offence, knowing that there is no just or lawful ground for such proceeding or charge against that person, shall be punished with imprisonment of either description for a term which may extend to 2 years, or with fine, or with both. If such criminal proceeding be instituted on a false charge of an offence punishable with death, or imprisonment for seven years or upwards, shall be punished with imprisonment of either description for a term which may extend to 7 years, and shall also be liable to fine.
Framing of incorrect document by Public Servant to cause Injury – Section 167 of Indian Penal
Code:
Whosever, being a public servant, and being, as (such public servant, charged with the preparation or translation of any document or electronic record, frames, prepares or translates that document or electronic record) in a manner which he knows or believes to be incorrect, Intending thereby to cause or knowing it to be likely that he may thereby cause inquiry to any person, shall be punished with imprisonment of either description for a term which may extend to 3 years, or with fine, or with both.
Incorrect Record with the Intention of saving a person from punishment or property from
forfeiture – Section 218 of Indian Penal Code:
Whoever, being a public servant, and being as such public servant, charged with the preparation of any record or other writing, frames that record or writing in a manner which he knows to be Incorrect, with intent to cause, or knowing it to be likely that he will thereby cause, loss or injury to the public or to any person, or with intent thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment, or with intent to save, or knowing it to be likely thereby to save, any property from forfeiture or other charge to which it is liable by law, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both.
3) WHAT IS THE PUNISHMENT IF THE POLICE OFFICER USES HARSH AND BADWORDS
TO THE PUBLIC ACCORDING TO IPC?
According to section 504 of IPC – Intentional insult with intent to provoke breach of the peace. Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
You can also give a complaint to the superior officer or A Complaint can be filed in Police Complaint Authority (PCA), on your own and in an authority existed in your nearby area/district.
4) CAN A POLICE OFFICER HAVE THE RIGHT TO CONFESTICATE THE KEY?
No, according to Motor Vehicles Act, no Constable can take the keys of your vehicle. Even challan has to be presented by any officer of the traffic police. But it has become a precedent that constables do that so that the person doesn’t flee away from there. Although this is wrong, you are not advised to argue with them as that can lead to altercation. Rather what you can do is to ask for challan and pay fine in the court at the above mentioned date in the challan.
Here are the key points you should remember when caught by a traffic police personnel.
To impose a fine on you, the traffic police personnel should carry a challan book or an e-challan machine. If either of these is not available, then a fine cannot be imposed.
The traffic police should be donning the uniform, which should have his/her name. If the police personnel is clad in civilian attire, you can ask him/her to furnish identity proof.
A traffic police head constable can only impose a maximum fine of ₹100. Only an ASI or an SI can impose a fine of more than ₹100.
If traffic police personnel remove the keys from your car, you should film the incident and complain before the senior officer in the nearest police station.
You should be carrying driving license, pollution under control certificate while driving. The copies of your car’s registration and insurance paper are also acceptable.
If you don’t have fine amount at the spot, you can deposit it later. In such a situation, the court issues achallan which needs to be paid before it. During this time, the traffic cop takes your driving licenses in his/her possession.