Starting October 3, The Morung Express is publishing a series, “101 Things You Wanted To Ask About the Police but Were Too Afraid To Ask,*” an easy guidebook published by the Commonwealth Human Rights Initiative (CHRI) on knowing the police better. The questions 65-73 in the series are given below:
What happens once my FIR is filed?
The FIR sets the police investigation in motion. As part of that the police may speak to victims and witnesses, record statements including dying declarations, check out the crime scene, send articles for forensic examination, send bodies for post-mortem, question several people and with each lead make further investigations. Once investigations are complete the officer in charge must make a full record of it. This is called a challan or chargesheet.
What is a challan or chargesheet?
After all his investigations are completed the Officer-in- Charge will look at all the facts and decide whether there is enough evidence to show that a crime has been committed and put that down in the charge sheet for the prosecution and the court. If all the elements of a crime have not been made out it will be a waste of time to bring the accused to court. Once the charge sheet goes to the prosecution and court they should examine it independently to see if the facts and circumstances mentioned really make out a possible crime.
Can the police close my complaint and not take further action?
Yes. If after making their own inquiries the police decide that there are no facts that support the idea that a crime was committed or there is not enough evidence to support allegations, or acknowledge that a crime has been committed but the people who did it are not known – then they can close the case. But they must inform you of their decision. At that point you have a chance of opposing the closure before the court.
Will I be kept informed of the progress of my case?
There is nothing specific in the law which requires the police officer to keep you informed about the progress of a case. But it is good practice to tell a complainant how the case is going, provided it does not compromise the investigation.
What can I do if the police are not investigating the matter or are doing so very slowly or are refusing to examine the most obvious lines of inquiry?
There is an important principle in law that no one can interfere with a police investigation. That said, if the police refuse to move forward or do it excessively slowly or wilfully disregard obvious lines of inquiry, you can certainly complain to senior officers or to the nearest magistrate who can order the police officer to investigate and he can as well call for the record of investigation. Again, it is important for you to ensure that everything is done in writing and a record of receipt kept with you.
Can I call a police officer whenever I want?
Yes and no. The police are overworked and their numbers are few so the public cannot constantly call them up with frivolous complaints and unsubstantiated information. However, of course you can call the police if you are in trouble, if a crime has occurred or is occurring, if there is likelihood of some riot, if some people are fighting and there is likelihood of disorder, or if you have serious information to give them. But you cannot call the police for things that are not connected to their job. Sometimes people play mischief and call the police even if nothing has happened. You can be punished for such pranks.
Can a police officer come into my home, unasked, and search my home and take things away?
Only in certain very limited circumstances. If the police come to your house for questioning they may enter only at your invitation. However, even if the police have reasonable grounds for believing that you are hiding a suspect or criminal, or you have stolen property or possess an illegal weapon in your home,they can only enter your house with a search warrant from a magistrate. But if the suspect, criminal or object needs to be obtained without any delay and there is fear it will be lost without seizure then they can enter your house without a warrant.
You mean the police can just enter my house and take away anything?
No. It is only when there is real urgency - for example there is a real possibility that a suspect will run away or if evidence is likely to be destroyed - that the police can enter your house without a warrant. With or without a warrant there is a whole procedure to be followed. The police must have at least two independent local witnesses with them. The search must be made in the presence of the owner. The owner cannot be told to leave. The police must list what they are taking.
The witnesses, police and owner must sign that they verify what is being taken. A copy must be left with the owner. If there are purdah women in the house, a woman officer must be part of the search party and they must conduct the search with strict regard to decency.
What is a search warrant?
People's homes and offices are private places and cannot be open to searches and entry from any authority without some really good reason. So the law requires anyone wanting to enter to explain why they find it necessary to disturb that right. The police therefore have to go before a magistrate and explain the reasons for their thinking that there are goods, papers or people that are hidden in the premises which will help them solve a crime. If the magistrate is convinced that the police officer is not on a 'fishing inquiry' he will give the authority. The authority is very limited and gives the name and rank of the particular officer allowed to enter that particular place and is issued under the sign and seal of the court.
(To be contd…)
Source: *Written by Navaz Kotwal and Maja Daruwal, the contents of the book are reproduced here with permission.
To know more about CHRI visit:
http://www.humanrightsinitiative.org
Check Last Week Questions here:
