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Police Station: The Rights and Powers of Police Officers

You Should Know

Are police officers always on duty ? Yes, the police Act of 1861 makes it clear that a police officer shall be deemed to be always on duty at a police station. But this does not mean that he will never be given a rest. This means that wherever he is, he has to do the job of maintaining law and order, whether in or out of uniform. He cannot say, 'I am not at work now, if a crime is being committed in front of him or if he is called for help.

Can I engage the services of a police officer for my own safety and protection? If your life is really in serious danger, you can seek the services of the police . Sometimes the state arranges for the security of the individual, and sometimes you have to pay for that security. According to the police Act, if you want to deploy additional police for a certain area, and if this is approved by the concerned authorities, then you have to pay the expenses for this additional police arrangement for a certain period. For large weddings or private events, the police may agree to deploy additional police in your area at your expense. But if the area is in a crime-prone area or there is going to be a march or public event, then it is the responsibility of the police to deploy additional police, and there is no question of paying for it.
Are policemen allowed to travel for free on public transport or take free goods from traders? In some places, police are issued passes to travel on public transport only when on duty. But otherwise, no police officer is allowed free travel. The same thing about getting goods for free. Just because he is a police officer, he cannot take the goods from the shop for free. Like all other citizens, he has to pay to buy things.
Do I have to obey all the orders of police officers? yes If there is a legal order related to the crime, it must be obeyed. In fact, it is the duty of every person to help the police officer in his duty. Everyone has a duty to help a police officer, especially if he is trying to stop a fight, a crime, or someone who is escaping from his custody. If you have any information related to the crime, it is your duty to report that information to the police. It is also your duty not to give shelter to any declared criminal. It is also your duty to testify in court if you know anything about a crime or have witnessed it.
If the police officer asks me to accompany him to a place, do I have to go with him? no But if he is going to do some action as part of his work and asks you to accompany him as a witness, e.g., if there is an arrest of a person, seizure of property, or investigation of a crime scene, you must go and cooperate. Conventionally, a juror is called a person who gives independent testimony in court or a person who independently tells the court what he saw at that time.
If a police officer calls me to the police station, must I go? no Cooperating with the police is a good thing. But there is no need to go to the police station unless the police officer formally arrests you. If he wants to ask you questions or make any inquiries about any crime, he must send you a summons or notice in writing. He cannot compel you to come to the police station without issuing a summons.

If there is a woman or a child below 15 years of age involved, the police should go to their house and interrogate them.

Do I have to answer all the questions asked by the police officers? Yes, it is always best to answer clearly and honestly and tell the police everything you know. But if you do not know anything, the police officers cannot compel you to testify. Or the police cannot force some sentences into your mouth. Police - It is good to always have someone with you during interrogation.
Is it the duty of the police officer to help me when I am in distress? yes In 1955, the Ministry of Home Affairs prepared a manual of codes of conduct for the police . It was sent to the heads of all states, UTs, and central police organizations. In that, the police expressed the hope of providing all kinds of help to the person without considering their financial situation or social status. According to this code of conduct, it is their general duty to protect all impartially without any fear. This includes keeping people's interests in mind, being kind and sympathetic towards people, and extending a hand of personal service and friendship.
I want to solve family problems. Can I get help? It depends on the nature of the problem. It will be of a criminal nature, e.g. The police must help you in cases of domestic violence, severe beating of a child or woman, child sexual abuse by an acquaintance, or unauthorised entry into a home. The police cannot shirk their responsibility as it is your 'private matter'. But let's say there is opposition from the family. Still, if sane boys have run away because they want to get married, it is not the job of some policemen to chase such sane boys and forcefully catch them and bring them home. It is purely a family affair.
If the police officers do not help or there are no police officers around, can people catch a thief or abuser and punish him on the spot? Yes, and no. In what is called 'citizen's arrest, you can catch the thief and take him to the nearest police station. You can only do so much, but you cannot beat him or join the crowd of beaters. Citizens only have the right to take whatever action is necessary to protect themselves. It is called the "right of self-defense." But it should also be used properly. It should not turn into unilateral assault or grossly abusive behavior. And if a police officer allows or participates in it, he can face disciplinary action or criminal charges. A criminal offence can be imposed.
What can I do if the police officer at the police station does not help me? Any police officer can be punished with imprisonment for willful dereliction or neglect of duty. If the police officer does not help and you are harmed, you can complain about him to his superior officer. In such an event, he can be held guilty of dereliction of duty.
Can the police do anything they want? no Not at all. They can only do what is legal. Actually, police are bound by many rules. These include their own departmental rules, rules of procedure in the Criminal Code, orders of the Supreme Court, and guidelines of the Human Rights Commission.
But what if the police officers at the police station do not comply? So depending on the seriousness of the incident, you can report it to their superiors or to the magistrate. It is always better to complain in writing and acknowledge the complaint.
What kind of complaint can I make? You can complain about any misconduct by the police officer. Because he is a public servant, he is always bound to his duty. He cannot neglect or delay his duty.

What if the police officer at the police station is arrogant and insults me? Again, if the matter involves dereliction of duty and disciplinary action, you may report it to his superiors. But if the matter is more serious and criminal in nature, you can file a complaint at the police station or directly go to the local judicial magistrate.
Even if I lodge a complaint with the local police station, can they refuse to take any action against their own officer? Yes. This always happens. But the matter does not end here. You can file a complaint with the police chief about the arrogant behaviour, dereliction of duty, or abuse of police power, or if the matter is in the nature of a criminal offence, you can file a complaint with the nearest magistrate.
But is it too difficult and time-consuming to take the relevant case (the complaint) to court? Some states have established the Police Complaints Authority to make the process of filing a complaint against the police simpler, easier, and faster. This special department does the work of taking cognizance of people's complaints against the police. Apart from this, a person who wants to complain against the police can also file his complaint with other commissions set up at the state and national levels. These include the National Human Rights Commission, the State Human Rights Commission, the Commission for Scheduled Castes and Scheduled Tribes, the National Commission for Women, and the State Commission for Women and Children. There is a Central Investigation Department, a National Vigilance Commission, a People's Commissioner, and a State Vigilance Department dealing with corruption. These commissions will look into your complaint, investigate, and file an FIR against the police as per their powers. They can also issue a notice to file a complaint or order the police to pay compensation to the victim.
What should I do if I want to report a crime to the police? If the crime is serious, like theft, burglary, molestation, assault, child sexual harassment, rape, kidnapping, human trafficking, or rioting, then you can file an FIR directly with the local police station head. They are required to file it in writing and give us a copy.
F.I.R. What does that mean? FIR stands for First Information Report. The victim, witness, or any other person having knowledge of the cognizable offence shall lodge an FIR and can cry. F.I.R. What you have said in Based on that, the police station starts the police investigation. Collect the facts about it. Therefore, if a case of crime arises, action can be taken on that basis.
F.I.R. Is it necessary to go to the local police station for filing, or can I file an FIR at any police station? You can file an FIR at any police station. can file Hey bro, it is always better to lodge an FIR in the police station under which the crime has taken place. Because they can take immediate action. When you lodge an FIR at any other police station, it is the duty of that station to accept it and forward it to the concerned police station. They cannot refuse to file your FIR on the pretext that the offence did not occur within their jurisdiction.
Can the police refuse to register my complaint? Yes and no. Crimes in India are considered to be of two types. cognizable and cognizable. The cognizable crimes are crimes like murder, rape, riots, and robberies. The police can take the record of these crimes directly. can lodge an FIR and initiate an investigation. The indictable offences are cheating, embezzlement, two marriages, afratfar, adulteration in food, cheating in weighing, creating public disturbance, etc. This means that an investigation is initiated once the magistrate registers the complaint and orders the police to investigate. The difference between the types of crimes is that crimes that require immediate response are filed directly with the police, while other types of crimes are filed with magistrates.

Therefore, even if the police do not register your complaint, at least they should listen to it and record it in their daily book or diary, give you a copy of the same for free with your signature, and send you to the magistrate with your complaint.

Suppose my complaint is about a 'cognizable offence' and the police station officials refuse to register it. What should I do? You can take that complaint. And they will order it to be filed. In order to ensure that your complaint is taken into consideration and action is taken, you should submit the complaint manually or send it by registered AD if it is to be sent by post. Don't forget to get his acknowledgement. That means you will have proof of your complaint. Keep it safe. And it will show that the complaint has reached the concerned authority. This will be about your complaint. But you should also complain about any difficulties you faced in filing the complaint so that the officer will not act like that.
F.I.R. What should be included in the preliminary information report? An FIR is a statement of facts known to you or circumstantial criminal information known to the police . It is mentioned in It is always better if you have direct knowledge of the facts. But it is not necessary that you have actually seen the crime with your own eyes. Whatever it is, you should only give the correct information. Never exaggerate or give information. Or do not speculate or draw conclusions. State the location, date, or time of the incident. Carefully explain the role of each person involved. Tell them where they were, what they were doing, and what each person did in order. Also state the nature of the injury and property damage. Do not forget to mention the type of weapons or ammunition used. It is always best to record all the facts and circumstances as early as possible. If there is any delay in filing the complaint, do not forget to mention the reason for the delay.
What is the assurance that all the things I have said have been written by the police as they are? Remember that F.I.R. It is your recorded testimony about something you know. It is not police testimony about an incident. The job of the police is only to write down the information exactly as you say without adding or subtracting anything from it. To make sure of this, according to the law, the FIR written by the police officers should be read out to you. And you should sign it only if you agree with the written text. The police station should give you a copy of the FIR free of charge. An FIR is recorded in the FIR register, and a copy is sent to the superior officer and the magistrate.
Women's F.I.R. (Preliminary Information Report) Are there any special procedures for reporting? yes There are special procedures for certain crimes against women. Keeping in mind that it is not easy for any woman to go to the police station and register an FIR, now according to the law, if she comes with a complaint of rape, gang rape, sexual harassment, molestation, stalking, or acid attack, her complaint should be lodged by a woman police officer or employee. If the aggrieved woman is not mentally or physically capable, she does not even need to go to the police station to file a complaint. Instead, the police She has to go to her house or any place she thinks suitable and register her complaint. It is also necessary for the police to arrange special teachers or counsellors according to the needs of the woman. It is also necessary to film the response of such a woman.
What happens if the police station refuses to register such an FIR? If it is proved that the police officer refuses to register the FIR of a woman who comes with a complaint of any kind of sexual crime, he is punished with imprisonment of six months to two years and a fine.
What about child victims of sexual abuse? Is there any special procedure required by the police in these cases? Yes, of course.

Under the Protection of Children from Sexual Offences Act (POSCO) 2012, sexual abuse and torture of children are recorded. Taking child victims into confidence and reporting them in a fear-free environment, related crimes were under the Investigation and Investigation (POSCO) 2012. The Act has provided for the police personnel appointed for the related child crimes or the local police station staff to register the complaint of the child victims at his or her home or at a place convenient for the child victims as soon as the child sexual abuse-related crime is received. Police personnel and officers should not be in uniform while recording the statement of the child victim. The child should not be kept in the police station at night. The complaint of the child should be recorded in his language. If necessary, take the help of a translator. If it is felt that the child is in need of protection or care, Then the police should admit that child to a safe shelter or hospital. If going for an examination in the hospital, the child's parents or someone trusted by the child should accompany him. If the affected child is taken to the hospital, and if the affected child is a girl, then this medical examination should be done by a female doctor. While doing all this, the police should write down the reasons they have.

What happens after filing an FIR? Part of it is that police can talk to victims and witnesses and record their statements. Autopsies can be recorded, crime scenes are investigated, evidence is sent to forensics, bodies are sent for autopsies if necessary, many are questioned, and each and every one of these tasks is important to the next investigation. After the completion of the investigation, the officer-in-charge concerned is required to make a complete record of the same. This is called a challan, or charge sheet.
What is a challan or charge sheet? On completion of the investigation, the officer in charge takes note of all the circumstantial evidence and records it in the charge sheet to prove that the criminal has committed the offence. If all the evidence related to the crime cannot be collected, it will not be useful to present the accused in court. The public prosecutor and the court will independently examine the charge sheet and see whether a crime has been committed or not.
Can I close my crime-related complaint and stop further proceedings in respect of it? Yes, after the police have completed their own investigation, if they find that there is no evidence or fact to prove that a crime has been committed, or if there is insufficient evidence to support the charge, or if they accept that a crime has been committed but have not been informed as to who committed it, the court, after giving reasons, may proceed with the case. can close But they must also inform you of their decision. Then you have an opportunity to oppose the closure of the case before the court.
Will I be regularly informed about the progress of my case? The law does not say anything about the police officer informing you regularly about the progress of your case. But it is a good practice to keep the complainant informed about it. But it should be seen that it does not compromise or adversely affect the investigation.

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