In India, a person has specific rights regarding the filing and handling of a First Information Report (FIR) by the police. Here are the key rights: Right to File an FIR: Every individual has the right to file an FIR if they are a victim or witness to a cognizable offence (an offence where the police can arrest without a warrant). The police are obligated to register an FIR under Section 154 of the Criminal Procedure Code (CrPC) if the information provided discloses a cognizable offence. Right to Receive a Copy of the FIR: Once the FIR is registered, the complainant has the right to receive a copy of the FIR free of cost. This is provided under Section 154(2) of the CrPC. The police must give this copy after recording the FIR. Right to Assistance in Filing an FIR: If a person is unable to write the FIR due to illiteracy or other reasons, they can dictate the complaint to the police officer, who must write it down verbatim. Additionally, a person can ask the police to read the FIR back to them to ensure its accuracy before signing it. Right to Legal Assistance: The complainant can seek legal assistance while filing the FIR. Though it's not necessary to have a lawyer to file an FIR, consulting one can be helpful to ensure all important details are included. Right to Register FIR at Any Police Station (Zero FIR): If a crime occurs outside the jurisdiction of a particular police station, a complainant has the right to register a Zero FIR at any police station. The police must then transfer the FIR to the appropriate jurisdiction. Right Against Refusal to File FIR: If the police refuse to file an FIR, the complainant can: Approach the Superintendent of Police under Section 154(3) of the CrPC. File a complaint directly with a magistrate under Section 156(3) of the CrPC, who can order the police to register the FIR. Send the information by post to the Superintendent of Police, who may investigate the matter or direct a subordinate officer to do so. Right to Know the Progress: The complainant has the right to inquire about the status of the investigation after the FIR has been lodged. The police must keep the complainant informed about the investigation's progress, and the complainant has the right to request updates. Right to Protection: If a person fears danger after filing an FIR, they can request police protection. This is especially relevant in cases involving serious crimes, threats, or harassment. Right to File a False FIR Complaint: If a person believes a false FIR has been registered against them, they can approach the courts to quash the FIR under Section 482 of the CrPC or file a writ petition in the High Court under Article 226 of the Constitution. These rights ensure transparency and fairness when dealing with the police regarding the filing and handling of an FIR.
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