IHRC

Let us know about Human Rights

On 10th December 1948 United Nations adopted internationally accepted 30 principles and standards of Human Rights which is known as Universl Declaration of Human Rights.

National Human Rights Commission is set up by Government of India as per the provisions of Protection of Human Rights Act 1993.

Every state has a State l Human Rights Commission set up by Government of India as per the provisions of Protection of Human Rights Act 1993.

Indian Human Rights Council is an association registered with the Ministry of Corporate Affairs, Govt. of India and has been licenced u/s 8 of the Companies Act 2013.

FAQs ON FIR, NC, COMPLAINT

F.I.R. means First Information Report, made to police, about commission of a cognizable offence, In effect, it amounts to putting law in to motion by giving information relating to the commission of a cognizable offence to an officer in charge of a police station, (which shall be reduced into writing and read over to the informant) and shall be signed by the person giving such information. It is mandatory to give a copy of the first information report (as recorded by police) to the complainant or informant free of cost.

The informant/ complainant should go to the police station having jurisdiction over the area (where the offence is committed) and report to officer in-charge/ station house officer about commission of a cognizable offence. In case information is given on telephone, the informant / complainant should subsequently go to the police station for registration of F.I.R.

A cognizable case means a case in which a police officer may, in accordance with the First Schedule of Cr.P.C. (1973), or under any other law for the time being in force, arrest without warrant.

The term ‘taking cognizance’ has not been defined in Code of Criminal Procedure. When any Magistrate takes cognizance under section 190 (1) (a) Cr. P.C., he must not only have applied his mind to the contents of the petition, but he must have done so for the purpose of proceeding in a particular way as per procedure prescribed in the Cr. P.C., and there after sending the complaint for further enquiry. A magistrate can also order investigations under section 156(3) of Cr.P.C.

Non cognizable offence means in which a police officer has no authority to arrest without warrant.

Information about such offences is to be given in a similar manner as explained under F.I.R.. The officer in-charge would reduce the complaint in writing (about commission of Non cognizable offence) and give a copy thereof to the complainant free of cost. No police officer can investigate a non-cognizable case unless he obtains prior permission of a Magistrate having power to try such case.

Complaint means any allegation made orally or in writing to a Magistrate, with a view to his taking action under the code of criminal procedure (1973), that some person (whether known or unknown), has committed an offence.

Public place includes (and means) the foreshore, the precincts of every public building or monument, and all place accessible to the public for drawing water, washing or bathing or for the purpose of recreation. { B.P.Act 1951, sec 2(13) }