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What rights does a person have towards the police regarding the primary report?

What rights does a person have towards the police regarding the primary report?

10-Sep-2024

Civil

Answer By law4u team

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.

Answer By Ayantika Mondal

Dear Client, A person have some specific rights towards the police regarding primary report. like: 1. Right to lodge an FIR- the word FIR means first information report. the FIR can be lodge any person whether victim or not, if the offence is cognizable in nature then the informant can lodge FIR to the police station under section 173 of BNSS. The officer-in charge of the police station have to record such information. 2. Right to go SP without delay to lodge FIR: It is mandatory that police officer have to lodge FIR and cannot deny. if the police deny to lodge FIR then the informant can visit Superintendent of police to lodge an FIR. 3. Right to recive copy of FIR: it is the duty of the informant to recive FIR copy without any cost. 4. Right to hire legal representative: during the investigation or police proceedings the person has right to engage an advo as per his choice. 5. Right to file complain: if the police officer as well as SP denied to lodge FIR then the person move to direct Magistrate within the jurisdiction and file a complaint. 6. Right to privacy: if the matter in sensitive in nature then the FIR must be lodge by female police officer if the offence related to women. hope this advise help you.

Answer By Anik

Dear Client, In India, the rights of individuals concerning police actions, particularly regarding the filing of a First Information Report (FIR) or any primary report, are governed by various legal provisions and principles aimed at ensuring justice and accountability. Here are the key rights a person has in relation to police actions regarding primary reports: 1. Right to File an FIR Every individual has the right to file an FIR if they believe a cognizable offense has occurred. The police are obligated to register the FIR without delay, as per Section 154 of the Code of Criminal Procedure (CrPC). If the police refuse to register an FIR, the aggrieved person can approach a higher authority or file a complaint with the Magistrate under Section 156(3) of the CrPC. 2. Right to Receive a Copy of the FIR Once an FIR is registered, the complainant has the right to obtain a copy of it. This ensures transparency and allows individuals to understand how their complaint has been recorded. According to Section 154(2) of the CrPC, the police must provide a copy of the FIR free of cost to the informant. 3. Right to be Informed about Progress Individuals have the right to be informed about the progress of their case. The police are required to keep the complainant updated on any developments related to their complaint or investigation. This right helps maintain accountability in police investigations. 4. Right Against Arbitrary Arrest If a person is named in an FIR, they have rights against arbitrary arrest under Section 41 of the CrPC. The police must follow due process, which includes informing the individual of the grounds for arrest and providing them with an opportunity to seek bail if applicable. 5. Right to Legal Representation Individuals have the right to seek legal representation at any stage of the investigation or proceedings. This right is crucial for ensuring that individuals can defend themselves adequately if they are accused or if their rights are being infringed upon during police investigations. 6. Right to Fair Investigation The law mandates that all investigations must be conducted fairly and impartially. Any coercive measures used by police during investigations can be challenged in court, and individuals can seek remedies if they believe their rights have been violated. 7. Right to Challenge Police Actions If individuals believe that their FIR has not been acted upon appropriately or that there has been misconduct by police officers, they have the right to file a complaint against such officers with senior police officials or approach judicial authorities for redressal. Hope this answer helps you.