STRENGTHENING CAPACITY OF

SOCIO-LEGAL WORKERS

Human & Civil Rights Defender's

Resource Manual

Prepared by

Association for Protection of Civil Rights

(APCR)
© 2009 Association for Protection of Civil Rights

First Edition June 2009

2000 copies

Name of the Book:

STRENGTHENING CAPACITY OF SOCIO-LEGAL
WORKERS
Human & Civil Rights Defender's Resource Manual

Price Rs. 100/-

Published by:
Association for Protection of Civil Rights (APCR)
Regd. Office: E-20, Abul Fazl Enclave, Jamia Nagar,
New Delhi - 110 025. India
E-mail: apcrindia@gmail.com

Printed and bound by Sundus Art & Graphics, New Delhi

 CONTENTS

Preface ix
Foreword xi

PART ONE
Foundation Our Rights 3
A. Constitution-Fundamental Rights 3
B. Where the Fundamentals Rights are defined 4
C. Indian Judicial system 4
D. Understanding the Court Structure 5
E. What is jurisdiction? 8
F. Understanding the nature and function of 9
courts in India

PART TWO
Criminal Law and Procedural Frame work in India 13
(Concepts, Problems and Solutions)
A. Understanding Criminal law in India - An Outline 13
B. Burden of proof 14
C. Classification of Offences 14
D. First Information Report (F.I.R) 15
What is the objective of an F.I.R? 15
Who can lodge an F.I.R? 15
Who can write the F.I.R? 16
What are the essentials of an F.I.R (11 Ws) 17
Description of Culprits in F.I.R 17
What about F.I.R on telephone or telegram? 17

iii
 What if we delay in lodging F.I.R.? 18
What could be possible reasons of Delay? 19
Can your later version become an F.I.R? 20
What if an accused person lodges an F.I.R himself ? 20
What is the evidentiary value of F.I.R 21
What happens to the F.I.R finally? 22
What is the format of information in case of 22
Non-cognizable offence (NCR)?
What is the difference between Complaint 22
and F.I.R?
Comparison chart of what an F.I.R. is and 23
what is not an FIR?
DO’S AND DON’TS 23
What action can be expected from the police 25
in a non-cognizable offence?
What does police do when complaints are doubtful? 25
What if you furnish false information? 26
What if a policeman records your F.I.R. wrongly? 27
Annexure 1 (Format of the F.I.R ) 28
E. Investigation 29
F. After Investigation 31
What is summary closure? 31
G. Bail ( problems and solutions) 32
a) What is Bail
b) When Bail can/cannot be granted?
c) What is to be done when the court wrongly grants bail?
H. Arrest 32
Pre-Arrest 33
During –Arrest 34
Post- Arrest 37

iv
 Special Rights for Women and Children 37
Things to be remembered 38
Before Arrest 38
Guidelines during Arrest 39
During and After Arrest 39
In case of Arrest of Women 43
Rights of the arrested person 44
I. Detention 45
J. The Trial ( problems and solutions) 45
K. Limitation 46
L. Prisoner's Rights/ Rights of Under trial 47
M. Right to Legal Aid 47
Criteria for availing Legal Aid 48
A. What is the source of Right 49
B. Duties of the Police and the Courts 49
C. Services offered by the Legal Services Authority 50
D. When can Legal services be rejected? 50
E. Who is entitled to free legal aid? 50
F. When can the legal services be withdrawn? 51
G. The process of law or of legal service- 51
Cases for which legal aid is not available
H. Recovery of the Aid 51
I. Whom to approach for free legal aid? 52
J. How to Approach? 52
K. Steps involved in the process: 52
L. Duties of the aided person 53

v
PART THREE
Right to information 57
A. What is RTI? 57
B. How to use Right to Information 59
C. Why is it that RTI works when no other law 62
has worked
D. What should I do if I do not receive 63
satisfactory information?
RTI Application for cases of a pending 68
work in Govt. Department
How to Locate your PIO 69
How to submit RTI fees 70
(RTI Fee structure of different states)

PART FOUR
Whom to approach/Organizations/Individuals 77
to be contacted
A. The National Human Rights Commission (NHRC) 77
Format for filing a complaint with the NHRC 77
Guidelines on how to file complaint with the NHRC 78
Understanding the National Human Rights Commission 80
1. How are human rights defined in the 80
Protection of Human Rights Act, 1993?
2. What functions have been assigned 80
to the Commission under the Act?
3. What powers have been vested with 81
the Commission relating to inquiries?
4. Does the Commission have its own 82
investigation team?
5. Is the Commission Autonomous? 82

vi
6. How does the Commission inquire into complaints? 82
7. What steps are open to the Commission 83
after inquiry?
8. What procedure is prescribed under the 83
Act with respect to armed forces?
9. Can the complaint be in any language? 83
10. What kind of complaints are not entertained 84
by the Commission?
11. What is the responsibility of the authority/ 84
State/Central Governments to which reports?
What are the kinds of issues on which complaints 84
have been received?
What has been focus of the Commission's Working? 85
What are its major initiatives? 86
What is the composition of the Commission? 88
Where is the Commission located and 88
what are its contact numbers?
Demonstration of the web page: Format 89
for filing online complaints
Contact Details of State Human Rights Commissions 90
The National and the sate commission 92
for minorities
Contact Details of State Minority Commissions 93
National Commission for Women 96
The Mandate of the Commission 96
Complaints and Counseling Cell 98
Legal Cell 99
Parivarik Mahila Lok Adalat (PMLA) 99
An alternative justice delivery system
National Commission for Protection of Child Rights 100
Complaints on Childs Rights 103

vii
PART FIVE
How to File Complaints in the Press Council of India 107
1. Complaints against the Press 107
A. Time Period or filing complaints 107
B. Procedure for filing the complaint 108
C. When complaints cannot be entertained? 108
2. Complaints regarding oppression to Press freedom 108
3 Format for reporting an event or incident 112

ANNEXURE
a. Writ Petition format 115
b. Application for Legal Aid 120
c. Format Application for compensation 123

viii
 PREFACE

The last quarter of the year 2008, witnessed two new so called anti
terror laws. Notwithstanding any proposition that suggests to
compromise with the security of the Nation and safety of its
citizens, the potential harm that these two new legislations may
bring to the vulnerable groups and victims of human rights cannot
be ignored. At this juncture, one thing that can be said for sure is
that the future of human rights in India is going to be complex. The
country is reportedly witnessing the worst phase of human rights
violations; custodial deaths, torture, inhuman conditions in jails,
infringement on the freedom of press, child labour, ill treatment
and harassment of women in jails and during investigations and the
list of violations is endless.
The legal and institutional framework for the protection of human
rights in India has drastically failed to even provide for basic respect
for human rights in the country. Hopes of millions who were worst
affected by the infringement of human rights are further
dampened by the burdensome judicial process in India. The case
files seem to rest for eternity in law courts, contributing to the scale
of human rights violations, due to non access to justice.
Consequently, the faith in the justice system is also being lost at an
increased scale.
At this crucial juncture, the CIVIL AND HUMAN RIGHTS
DEFENDER'S RESOURCE MANUAL brought about by the
Association for the Protection if Civil Rights (APCR), provides a
ray of hope for those dedicated to providing aid to the victims of
human rights and protection of society at large from the situation
of chaos and apprehension. The most important feature of this

ix
Resource Manual is that it provides an interface between
conceptual and procedural understanding of the legal and
institutional framework for the protection of civil and human
rights in India.
Enriched by the immense training and capacity building experience
of the APCR, I am sure this Manual will further its contribution in
the field of human and civil rights and serve the greater cause for
promoting the respect for human rights in the country.

Adv. Yusuf Hatim Muchhala

President, APCR

x
 FOREWORD

Through its increased involvement in training and capacity

building in Human and Civil Rights in recent years, the Association
for the Protection of Civil Rights (APCR) has developed an
understanding that a simplified and comprehensive handbook is
quintessential for the trainees. Propelled by this need, this Resource
Manual is part of APCR effort to consolidate and record the
collective experience of its resource persons with specific regard to
conceptual and procedural understanding of human and civil
rights in a way, it could be usefully utilized by the human and civil
rights defenders. In addition, the Manual draws upon the
experience in human rights monitoring and field work of many
non-governmental organizations, individuals and humanitarian
organizations.
This Manual is intended to be a further contribution to the ongoing
efforts of APCR. Undoubtedly owing to the complexity of
substantive and procedural criminal law and the legal framework
applicable to the protection for human rights in the country, each
chapter needs to be carefully taken into consideration. It is advised
to develop the conceptual understanding of the basic criminal law
framework in the country and then proceed on to understand the
procedural aspects related to violations of civil and Human Rights.
The list of do's and don'ts provides a handy checklist for any
procedural requirement under the law. Basic formats and the tips
for writing complaints and applications should be used in a way
applicable to a particular situation. The directory of national and
state nodal agencies will assist the trainee in approaching the proper
forum. The Annexures in the end of the Manual can be
photocopied and used as such. However in case of litigation
proper guidance from a law person may be sought.

xi
Finally, with all modesty, I may say, as experience evolves in this
relatively new endeavour of human and civil rights, numerous
suggestions and ideas in the Manual will no doubt need to be
incorporated, improved and applied in revised form to different
situations. For this reason, an attempt will be made to make the
Manual available in electronic format, so that it can more easily be
modified, applied, and split into teaching modules as required in
particular situations. All those who consult and use this Manual are
encouraged to suggest ways in which it can be improved.
Dr. Shakeel Ahmad
Director, Training Department APCR

xii
 PART ONE

Foundation our Rights

 Part One: Foundation our Rights
This part contains the topics that put forward the basic rationale and law in the
country that empowers a citizen with certain rights and attempts to explain the
state machinery and judiciary as the main institutions entrusted with the task
of protecting the civil and human rights of citizens of India. The section
attempts to explain the basic legal framework so as to strengthen the basic
understanding and knowledge of a socio legal worker

A. Constitution-Fundamental Rights
Rights literally mean those freedoms which are essential for
personal good as well as the good of the community. The rights
guaranteed under the Constitution of India are fundamental as they
have been incorporated into the Fundamental Law of the Land and
are enforceable in a court of law. The Constitution of India
guarantees fundamental rights to its citizens. These rights can not
be taken away or infringed from the citizens except under
emergency provision of the constitution itself. The most crucial
provisions being, Article 19 (freedom of speech and expression),
Article 20 (protection in respect of conviction of offences), Article
21(protection of life and personal liberty), Article 22 (Protection
against arrest and detention in certain cases and Article 32 (right to
constitutional remedies for the infringement of fundamental
rights)
Fundamental rights are also aimed at overturning the inequalities
of pre-independence social practices. Specifically, they have also
been used to abolish untouchability and hence prohibit
discrimination on the grounds of religion, race, caste, sex, or place
of birth. They also forbid trafficking of human beings and forced
labor. They also protect cultural and educational rights of ethnic and religious
minorities by allowing them to preserve their languages and also establish and
administer their own education institutions.
Human Rights or natural rights are recognized by all the nation
states as rights available to the individuals by the virtue of being
born as human. All the nation states have recognized and ensured
the protection of human rights. Signatory to the Universal
Declaration of Human Rights, protection of human rights in India

3
is addressed and strengthened under Article 21 of the constitution
and Human Rights Act 1993 enabling the establishment of
National and State Human Rights Commissions.
Civil rights like right to life, liberty and property are bestowed on
the citizens by the nation state. The constitution and various
enabling legislations in our country ensure the protection of civil
rights.

B. Where the Fundamentals Rights are defined:

The Fundamental Rights are enshrined in the Part III of the
Constitution of India. They guarantee such that all Indians can lead
their lives in peace and harmony as citizens of India. These include:
equality before law, freedom of speech and expression, freedom of association
and peaceful assembly, freedom to practice religion, and the right to
constitutional remedies for the protection of civil rights by means of writs such
as . Violations of these rights result in punishments as prescribed in
the Indian Penal Code, subject to discretion of the judiciary. The
Fundamental Rights are defined as basic human freedoms which every
Indian citizen has the right to enjoy for a proper and harmonious
development of personality. These rights universally apply to all
citizens, irrespective of race, place of birth, religion, caste, creed, color or
sex. They are enforceable by the courts, subject to certain
restrictions. The six fundamental rights are:
1. Right to equality
2. Right to freedom
3. Right against exploitation
4. Right to freedom of religion
5. Cultural and Educational Rights
6. Right to constitutional remedies

C. Indian Judicial system

Judiciary in India is an independent structure not influenced by the
legislature or the executive. Every citizen of India has the right to
move to the court for the infringement of his rights or the injustice
done to him, his family members or on behalf of society or
community. The judicial system can be understood as follows: At
the apex of the entire judicial system, exists the Supreme Court of

4
India below which are the High Courts in each State or group of
States. Below the High Courts lies a hierarchy of Subordinate
Courts. Panchayat Courts also function in some States under various
names like Nyaya Panchayat, Panchayat Adalat, Gram Kachheri, etc. to
decide civil and criminal disputes of petty and local nature.
Different State laws provide for different kinds of jurisdiction of
courts. Each State is divided into judicial districts presided over by a
District and Sessions Judge, which is the principal civil court of
original jurisdiction and can try all offences including those
punishable with death. The Sessions Judge is the highest judicial
authority in a district. Below him, there are Courts of civil
jurisdiction, known in different States as Munsifs, Sub-Judges, Civil
Judges and the like. Similarly, the criminal judiciary comprises the
Chief Judicial Magistrates and Judicial Magistrates of First and
Second Class.

D. Understanding the Court Structure

Courts in India are divided into higher judiciary and lower judiciary.
The higher judiciary consists of the Supreme Court and the High
Courts. Lower judiciary consists of ordinary civil and criminal
courts. Civil courts in India are established under the Civil Courts
Act in each state. Due to this there is a small variation in the
jurisdiction in civil matters as it is taken from the large number of
central and state laws. The jurisdiction, constitution, nomenclature
and structure of criminal courts are uniform as it is derived from
the Code of Criminal Procedure 1973 -a Central Act. In addition to
the existing set up additional courts can be created by the
competent legislature.
The Indian Legal Hierarchy is of the following nature:
1. In the Metropolitan Cities on Civil Side there are Courts of
Small Causes Courts and above them the City Civil Courts. On
the Criminal Side there are Metropolitan Magistrates' Courts
and above them the Sessions Courts.
2. In the Moffusil on the Civil Side, there are Courts of Civil
Judge, Junior Division, Civil Judge Senior Division, and
District Courts. On the Criminal Side there are the Courts of
Judicial Magistrates and Sessions Courts.

5
3. Then there are Industrial Courts, Family Courts, Co-operative
Courts and various Tribunals.
4. With regard to the Corporate Sector, there is a Company Law
Board constituted by the Central Government under the
Provisions of Section 10E of the Companies Act, 1956 which
has its Principal Bench in New Delhi and Regional Benches of
Single as well as Double Members at New Delhi, Calcutta,
Bombay and Madras.
5. Above all the aforesaid Lower Level Courts, Tribunals and
Boards, there are High Courts in each of the States, and above
the High Courts is the Supreme Court of India in New Delhi.
6. Case law is allowed: i.e. a ruling by a higher court on a specific
case is binding on all lower courts if faced with an identical
case.
7. Higher courts have appellate power over lower courts. The
Supreme Court has the widest appellate power over any final
judgment of any High Court involving interpretation of the
Constitution of India and other substantive questions of
law.
8. The District Courts of India are presided over by a judge. They
administer justice in India at a district level. These courts are
under administrative and judicial control of the High Court of
the State to which the district concerned belongs
9. The highest court in each district is that of the District and
Sessions Judge. This is the principal court of civil jurisdiction. This
is also a court of Sessions. Sessions-triable cases are tried by
the Sessions Court. It has the power to impose any sentence
including capital punishment.
10. There are many other courts subordinate to the court of
District and Sessions Judge. There is a three tier system of
courts. On the civil side, at the lowest level is the court of Civil
Judge (Junior Division). On criminal side the lowest court is
that of the Judicial Magistrate. Civil Judge (Junior Division)
decides civil cases of small pecuniary stake. Judicial
Magistrates decide criminal cases which are punishable with
imprisonment of up to five years.

6
11. At the middle of the hierarchy there is the Court of Civil Judge
(Senior Division) on the civil side and the Court of the Chief
Judicial Magistrate on the Criminal side. Civil Judge (senior
division) can decide civil cases of any valuation. There are
many additional courts of Additional Civil Judge (senior
division).The Jurisdiction of these addition courts is the same
as that of the principal court of Civil Judge (Senior Division).
The Chief Judicial Magistrate can try cases which are
punishable with imprisonment for a term up to seven years.
Usually there are many additional courts of Additional Chief
Judicial Magistrates. At the top level there may be one or more
courts of additional district and session's judge with the same
judicial power as that of the District and Sessions judge.
12. Judicial independence of each court is the characteristic
feature of the district judiciary. In each district there is a strong
bar which ensures that courts decide cases according to law
and without fear or favor. The greatest problem of district
courts is that of huge backlog of cases leading to undue delay
in deciding cases.

The Chart below demonstrates the Indian Legal System

7
E. What is jurisdiction?
Jurisdiction is the practical authority granted to a formally
constituted legal body to deal with and make pronouncements with
in a defined area of responsibility.
Illustration: X a resident of Maharashtra commits a murder in Uttar
Pradesh but is arrested in Maharashtra, shall be tried by the court in
Uttar Pradesh with in whose territorial limits the crime has been
done.
Jurisdiction and Seat of High Courts of India
Name Year of Jurisdiction Seat
Establishment
Allahabad (Bench
Allahabad 1866 Uttar Pradesh at Lucknow)
Andhra Pradesh 1956 Andhra Pradesh Hyderabad
Maharashtra, Goa, Bombay (Benches
Bombay Dadra and Nagar at Nagpur, Panaji
1862
Haveli and and Aurangabad)
Daman and Diu
Calcutta (Circuit
Calcutta 1862 West Bengal
Bench at Port Blair)
Chattisgarh 2000 Chattisgarh Bilaspur

Delhi 1966 Delhi Delhi

Assam, Manipur, Guwahati (Benches
Meghalaya, at Kohima, Aizwal
Guwahati 1948 Nagaland,Tripura, & Imphal. Circuit
Mizoram and Bench at Agartala
Arunachal Pradesh & Shillong)
Gujarat 1960 Gujarat Ahmedabad
Himachal Pradesh 1971 Himachal Pradesh Shimla
Jammu & Kashmir 1928 Jammu & Kashmir Srinagar and Jammu
Jharkhand 2000 Jharkhand Ranchi
Karnataka 1984 Karnataka Bangalore
Kerala &
Kerala 1958 Lakshadweep Ernakulam

Jabalpur (Benches
Madhya Pradesh 1956 Madhya Pradesh
at Gwalior & Indore)
Tamil Nadu &
Madras 1962 Pondichery Chennai

Orissa 1948 Orissa Cuttak

8
 Patna
Patna 1916 Bihar (Bench at Ranchi)
Punjab, Haryana
Punjab & Haryana 1975 Chandigarh
& Chandigarh
Jodhpur
Rajasthan 1949 Rajasthan
(Bench at Jaipur)
Sikkim 1975 Sikkim Gangtok

Uttarakhand 2000 Uttarakhan Nainital

Things to be remembered:
Ü
Jurisdiction is of two types territorial (limiting to a
particular geographical area or boundary) and
pecuniary (the power of the court to try cases up to a
certain financial limit)
Ü
Jurisdiction of the Supreme Court extends to the whole
of territory of India in civil and criminal matters
Ü
Jurisdiction of High Courts is operational up till the
territorial boundaries of the states (e.g. High Court of
Bombay can not intervene in the matters under scrutiny
by the Delhi High Court
Ü
District and other subordinate civil and criminal courts
operate on the territorial and pecuniary jurisdiction
conferred on them by the state and central Acts.
Ü
It is mandatory to know that the case is to be filed with
in the jurisdiction of the court where the cause of
action has taken place
Ü
Election petitions can only be filed in the High Court
Service matters are filed in the Administrative Tribunals under the
Administrative Tribunal Act 1985

F. Understanding the nature and function of courts

in India
Civil courts function as per the Civil Courts Act in each state. In
each district there is a district court which ahs unlimited original
civil jurisdiction over the district. The courts immediately below
the district court are known as Court of Civil judges, senior
division or courts of subordinate judge first class, lower in

9
hierarchy are Courts of Civil Judge junior division or courts of
subordinate judge, second class or courts of Munsifs.
In many cases, civil and criminal jurisdiction is combined. These in
the combined capacities are known as:
i) Court of District and Sessions Judge
ii) Court of civil and additional judge
iii) Court of Munsif Magistrate

Things to be remembered:
Ü While filing a suit in a competent court there are various
limitations of the courts which the filing party must
bear in mind. These are as follows:
i) The filing party must know the local jurisdiction of the
court in which the suit is to be instituted. This can be
known through the notification issued under the State
Civil Courts Act constituting that court.
ii) The filing party must know the pecuniary limits of the
court in which the cause of action is to be instituted.
The pecuniary valuation is to be made with reference to
the rules under the Suits Valuation Act.
iii) The filing party must make sure that a particular subject
matter is not excluded form the proceedings of the
particular court.
iv) The filing party must make sure that the procedural
prerequisites, such as prior notice to the opposite party
has been fulfilled.

10
 PART TWO

Criminal Law and Procedural Frame work in India

(Concepts, Problems and Solutions)
 Part Two: Criminal Law and
Procedural Frame work in India
(Concepts, Problems and Solutions)
This part explains the basic framework for Criminal law in India and suggests
solutions to various problems that are practically encountered by the victims of
civil and human rights violations. The procedure to register a complaint, FIR,
or to approach a judicial or quasi judicial body, or an International or National
NGO has been simplified and presented in a user friendly manner. The
information includes case laws, check-lists, information on do's and don'ts and
the process ideas for court-craft. However, the manner for approaching
National and Human Rights Commissions has been dealt in the last segment
of the guidebook.
A. Understanding Criminal law in India - An Outline
The most important element of criminal law is that by virtue of its
relief, the liberty and life of a person is at stake. Criminal law in
India or elsewhere is majorly state controlled. The machinery of
the state is involved in the investigation, prosecution and
prevention of offences, as these are considered necessary for the
prevention of law and order, which is essentially the function of
the state. There are two aspects of criminal law-substantive and
procedural. Substantive law consists of the offences defined under
the Acts and the punishment prescribed for these offences under
the provisions of these Acts. Procedural law sets out the procedure
to be followed while bringing the offender to the book.
The main criminal law framework is as follows:
1. Indian Penal Code - it is a codified law of offences and
prescribes the penalty for them. Major categories of
offences prescribed are offences against the state, offences
by or relating to public servants, offences relating to
elections, offences against public justice, offences affecting
public health, safety and morals, offences affecting the
human body, offences against property and offences
relating to documents.
2. Criminal Procedure Code - the code provides for the
procedure for investigation and trial of offences. The Code
classifies offences into two categories, cognizable offence

13
 and non cognizable offence. For cognizable offence the
police officer may arrest the officer without warrant. For
non cognizable offence a person can not be arrested
without an arrest warrant.
3. Indian Evidence Act - it is common to both civil and
criminal trials and provides for the rules for the evidence in
the trials.
B. Burden of proof:
In a criminal case the state continues the prosecution even if the
victim is not willing to pursue it further. The nature of relief also
demands a more stringent proof said as “beyond reasonable
doubt.” “Presumption of innocence” is the cardinal principle of
criminal law, which says every person is innocent unless proved
guilty. Thus the onus of proof lies on the prosecution to prove the
case of the accused. The burden of proof in criminal law shifts the
accused only after prosecution has proved its case.
C. Classification of Offences:
Cognizable, on cognizable, bailable, non bailable, compoundable,
non compoundable
1. Cognizable Offence:
These are the offences of serious nature where the police
can arrest without warrant. These are the crimes against the
state hence the state undertakes the responsibility of
prosecuting the offender, state being the representative of
the public in general in order to prevent the disruption of
peace, law and order. Cognizable offences are listed in the
first scheduled of the Code of Criminal Procedure.
Examples of these are murder, rape, theft, rioting, robbery,
and sedition. Generally offences punishable with three years
or more imprisonment are cognizable. Certain offences
against public order are also cognizable though they are not
punishable severely.

Procedure followed when the police arrests an accused for cognizable offence:
The police officer may arrest the offender without a warrant. The police must
forward the suspect to the nearest magistrate with in 24 hours. The magistrate

14
 determines the legality of arrest and detention. The magistrate may authorize
the detention till the investigation procedure is complete for a period not
exceeding 15 days (Remand). The magistrate may also authorize pre trial
detention of a suspect in a judicial custody for a period not exceeding 90 days
(judicial remand). This detention is given mainly in respect of offences
punishable with death/life imprisonment or imprisonment for not less than
10 years and 60 days in respect of other offences. The suspect can be released
on bail at any stage. On completion of investigation, the police submit the
charge sheet to the public prosecutor with reports and documents. The case is
prosecuted by the public prosecutor.

2. Non Cognizable Offence:

These are the offences in which the police do not have the
power to investigate or arrest without warrant. These are the
offences of petty nature and are in the nature of private
wrong than a public wrong. The victim has to bring in the
prosecution in these cases personally and the state is not the
prosecutor.
D. First Information Report (F.I.R)
FIR is the information given to a police officer, in the form of a
complaint or accusation, regarding the commission or suspected
commission of an offence for which the police officer may arrest
the offender without warrant. It is recorded under section 154 (1)
of Cr P.C. (Format for FIR is given as Annexure 1)
What is the objective of an F.I.R?
The main objective of a FIR is to make a complaint to the police to
set the criminal law in motion. It's secondary though equally
important objects are to obtain early information of an alleged
criminal activity.
Who can lodge an F.I.R?
1) Complainant who is an aggrieved person or some body on
his behalf.
2) By any person who is aware of the offence (a) as an eye
witness and (b) as an hearsay account.
3) Provided the person in possession of the hearsay is required
to subscribe his signature to it and mention the source of his

15
 information so that it does not amount to irresponsible
rumour. The rule of law is, if general law is broken any
person has a right to complain whether he has suffered an
injury or not.
(a) By the accused himself.
(b) By the SHO on his own knowledge or information
even when a cognizable offence is committed in view
of a officer incharge he can register a case himself and
is not bound to take down in writing any information.
Under the order of Magistrate uls 156 (3) Criminal
Procedure code, when a complaint is forwarded to
officer incharge without taking cognizance. If
information is only hear say, then SHO should register
case only if person in posses- sion of hearsay
subscribes his signature to it and mentions the source
of his information so that it does not amount to
irresponsible rumour. The information must be
definite, not vague, authentic, not baseless, gossip or
rumour, clearly making out a cognizable case.
4) The information is only by a medical certificate or doctor's
ruqqa about arrival of the injured, then he (SHO) should
enter it in daily diary and go to hospital for recording
detailed statement of injured.
Who can write the F.I.R?
1) A FIR is always to be -written by an officer in charge of a
Police Station. (Definition of officer in charge is given in
Sec. 2 Criminal Procedure Code).
2) Police officers superior in rank to officer in charge of a
police station may exercise the same powers through the
local area to which they are appointed, as may be exercised
by SHO with in the limits of his Police Station.
3) Some times it so happens that the information is given by
the informer to a police officer who is out in the illaqa or to
an in charge of a local police post. Strictly speaking the
officers are not officers incharge of a police station and
such information lodged with them are not. reports. These

16
 officers record the statement of the informers and send the
same on to the SHO of a Police Station for recording F.I.Rs.
These statements are however admissible U/ S. 157
Evidence Act.
4) Jurisdiction is an essential factor in registering a FIR.
What are the essentials of an F.I.R (11 Ws)
The recording officer and the complainant should know to the
extent possible, the 11 Ws while recording/reporting the FIR.
1. What information has come to convey
2. In what capacity
3. Who committed crime
4. Whom against crime committed.
5. When (Time)
6. Where (Place)
7. Why (Motive)
8. Which way (actual occurrence)
9. Witness
10. What was taken away
11. What traces were left by the accused?
Description of Culprits in F.I.R
The recording officer should try to fix clearly the identity of
accused, the P.Ws. and of the stolen property, (to the extent
possible).
What about F.I.R on telephone or telegram?
Legally a case may not be registered as
(a) As there is always a doubt in its authenticity
(b) as it does not satisfy the tests of Section 154 Criminal Procedure
Code being not an oral statement reduced into writing; read over,
admitted correct and signed by the informer. Message to the police

17
on telephone that an injured person was lying amount to FIR
(Sukharam Vs. State of Maharashtra (1969) 3 SCC, 730.
On receipt of telegram in railways case may be registered.
Normally enquiry should be made and on receipt of an original
telegram which contains the thumb impression or signatures, case
may be registered.
Officer in charge should begin to write FIR in the First
Information Report Register at the dictation of the informer.
According to para 24.5 Punjab Police Rules, the register shall be a
printed book consisting of 200 pages and shall be completely filled
in before a new one is started. Cases shall bear annual serial number
in such Police Station for each calendar year. Every four pages of
the register shall be numbered with the same number and shall be
written at the same time by carbon copying process. The original
copy shall be a permanent record of Police Station. The other three
copies shall be submitted to (a) Superintendent of Police or
Deputy Commisioner of Police or other Gazetted Officer
nominated by him (b) to the Metropolitan Magistrate empowered
to take cognizance of the offence as is required by Sec. 157
Criminal Procedure Code. (c) one to the complainant. The seal of
the Police Station shall be put on every copy and original.
If an informer refuses to sign the F. I. R. he is guilty of offence u/ s
1 80 Indian Penal Code which is as follows:
'Whoever refuse to sign on any statement made by him, when
required to sign that statement by a public servant, legally
competent to require that he shall sign that statement, shall be
punished with simple imprisontment for a term which may extend
to three months, or with fine which may extend to five hundred
rupees, or with both".
If the Police Officers refuses to enter the FIR and instead enters in
D.D. Register a totally different and false report, he is guilty u/s
177/167/218 IPC
What if we delay in lodging F.I.R.?
The longer the delay, the stronger the suspicion. That the case is
false wholly or in material particulars, so the delay should
satisfactorily be explained.

18
 (1) Care should always be taken that the names of witnesses are
mentioned in F.I.R. if the names of P.Ws do not appear in it
and they are examined later on, the presumption is that they
were not present at the spot and have been procured later
on.
(2) Care should be taken that all the material facts are
mentioned in FIR(as much available at that time).
(3) Names of the accused persons should occur in F.I.R, and
their parts also. (If information is available at that time).
(4) It is not necessary to put up or cite all the P.Ws. in court.
What could be possible reasons of Delay?
Note: Reasons of the delay on the part of complainant is
mentioned as "DOC". Reasons of the delay on the part of police is
mentioned as "DOP".
1. Physical condition of the informer (DOC).
2. Psychological condition of the informer (DOC).
3. Natural calamities (Both).
4. Distance of place of occurrence (Both).
5. Ignorance of law of informer.(DOC).
6. Late detection of commission of crime (DOC).
7. Due to threat, promise and undue influence (DOC).
8. Economic & social and undue influence (DOC).
9. Dispute over the jurisdiction of Police Station (DOP).
10. Uncertainty of place of occurrence due to continuous
offence (DOP)
11. Shortage of staff (DOP).
12. Unavoidable departmental formalities (including delay due
to opinion of experts ) (DOP).
Reasons of delay should be explained in the FIR.

19
Can your later version become an F.I.R?
Any information forming the basis of F.I.R. is found untrue and
the later version given during investigation is found true and
challan is put on that basis, can the later version given in some
statement 'F.I.R' is?
The answer is "No". FIR will remain the same on which the
investigation was started. The later statement being during
investigation, even if found true cannot become F.I.R
What if an accused person lodges an F.I.R himself ?
Sometimes it so happens that accused after commission of crime
goes to Police Station and lodges an F.I.R, the procedural legal
provision as well as the Indian Evidence Act are mentioned as
under:-.
1. Sec.162 Criminal Procedure Code. does not hit such F.I.R.
2. Sec.25 Indian Evidence Act, is applicable if the statement is
in the nature of confession but is relevant u/s 21 of the
Indian Evidence Act..
3. Sec.25 of the Indian Evidence Act "No confession made to
a Police Officer shall be proved as against a person accused
of any offence may it be before or after investigation."
4. If the information is non-confessional, it is admissible
against the accused as an admission U/S 18/21 of the
Indian Evidence Act and is relevant.
5. For corroborating the statement of the maker under section
157 of the Indian Evidence Act.
6. For contradiction of the evidence of person giving the
information U/S 145 of the Indian Evidence Act.
7. For refreshing informers memory U/S 159 of the Indian
Evidence Act.
8. For impeaching the credit o f an informer U/S 155 of the
Indian Evidence Act.
9. For proving the informers conduct U/S 8 of the Indian
Evidence Act.

20
 10. U/S 32(1) of Indian Evidence Act (Dying declaration)
11. U/S 6 Evidence Act when the injuries are being caused in
the presence of SHO in a Police Station.
12. U/S 160 Evidence Act when the informer fails to recall his
memory the facts, but he is sure the facts were correctly
reported in the FIR at the time he wrote, read it.
13. FIR is a public document prepared U/S 154 Criminal
Procedure Code and a certified copy of it can be given in
evidence U/S 77 of Indian Evidence Act.
14. The FIR by an accused person cannot be treated as an
evidence against any co-accused, as it was lodged by the
accused and not by a witness.
But if information is received that injured had been shot and had
been removed to Hospital, it is sufficient for registration of case.
As such every case depends upon its own circumstances and the
police officer should exercise his own judgement and diligence to
test the information if it is clear, definite and based upon tangible
facts to disclose commission of cognizable or suspicion of
commission of a cognizable offence.
What is the evidentiary value of F.I.R
FIR being not substantive piece of evidence it can be used in the
following ways : -
1. For corroboration purposes, it can not be ignored
altogether and can be used to corroborate the statement of
the eyewitnesses.
2. For contradicting the evidence of person giving the
information.
3. For proving as an admission against the informer.
4. For refreshing informer's memory.
5. For impeaching the credit of an informer.
6. For proving informer's conduct.
7. For establishing identity of accused, witnesses & for fixing

21
 spot time as relevant facts u/s 9 Evidence Act. Cases : 1968
M.P. 45.
What happens to the F.I.R finally?
1. When there is sufficient evidence a CHALLAN is prepared.
2. When there is insufficient evidence, F.I.R is declared as
UNTRACED.
3. When FIR is found to be false or is transferred to other
Police Station on point of jurisdiction, it is decided as
CANCELLED.
4. After registering the FIR the contents of the FIR can not be
changed. Only High Court can quash the FIR.
What is the format of information in case of Non-cognizable
offence (NCR)?

FORMAT OF INFORMATION IN RESPECT OF

NON-CONGIZABLE OFFENCE (N.C.R)
Under Section 155 Criminal Procedure Code

Book No.______________ Page No.___________

S.No. Thana District Date Time Reason

1. Date & Time of Report
2. Name & Residence of Complainant
3. Description of offence with Section
4. Direction of occurence time & date
5. Name and Full address of witness

What is the difference between Complaint and F.I.R?

Complaint FIR
1. Made before the Metropolitan 1. Made before the SHO
Magistrate. 2. FIR lodged in Congnizable
2. Complaint can be of cognizable offences.
or Non-cognizable offence. 3. Any person, who has a
3. Only aggrieved person submit knowledge of the happening of
complaint ul s 195, 198 199 Cr. cognizable offence.
P.C.

22
Comparison chart of what an F.I.R. is and what is not an FIR?
(Sec.154. Criminal Procedure Code, 1973)

F.I.R. is FIR is Not

1. Infor mation relating to 1. Rumour, gossip or hearsay.
cognizable crime.
2. Given to the officer-in-charge 2. Telegram.
of Police Station.
3. First in Time. 3. Telephonic message.
4. Written or oral. 4. Information not given to
officer-in-charge of police
station.
5. Anonymous communication

From the above, the following ingredients can be made out:

1) It must be information relating to the commission of a
cognizable offence.
2) It must be given to an officer-in-charge of a police station.
3) It must be reduced to writing, if given orally.
4) It should be appended by the signature of the informer
(Refusal to sign the report is punishable u/s 180 IPC).
5) It should be read over to the informer.
6) The gist of the information should be entered in the Station
General Diary.
7) A copy should be given forthwith free of cost to the
informer.
Informer must be produced in the court to prove and
corroboration of it.
DO’S AND DON’TS

DO’S DON'T’S
1. FIR should be lodged 1. Complainant should not be
immediately. puzzled.
2. It should be recorded in first 2. Harsh language should not be
person. used.
3. Attitude/Behavious towards 3. Aggression should be avoided.
the vicitirn should be 4. Unnecessary details should be

23
 sympathetic. avoided.
4. Technical words should be 5. Over-writing/ scoring should
avoided and as far as possible be avoided.
language of the informer/ 6. Offence should not be
complainant should be used. minimized.
5. Written complaint should be 7. Do not forget to take thimb
taken. impression or signature of the
6. But complainant should be at informer.
descrect to give written 8. FIR should not be lodged on
statement. the basis of telephone
7. Written statement should be telegram or hearsay rumour
duly signed or thumb without verifying the facts and
impressioned. getting the signature of the
8. Only a report of congnizable informer/complainant.
offence should be lodged in
FIR.
9. Authentic information should
be mentioned in FIR.
10. Place, Date & Time of
occurrence should be
mentioned in the FIR.
11. Arrival & Departure of the
informer should be mentioned
in the FIR as well as Daily
Dairy Register.
12. Delay, if any, in registering the
case should be covered in FIR.
13. 1 1 "Ws' should be strictly
followed.
14. Description & Role of every
accused involved in the
Commission of offence should
be covered in FIR.
15. Kind of physical damage &
property destroyed should be
mentioned in the FIR.
16 Weapon of offence and
observation of Scene of crime
should be mentioned in the
FIR.
17. Telephone number, if any, of
the complainant should also be
mentioned.
18. Four copies of FIR should be

24
 prepared simultaneously by
carbon paper process.
19. FIR should be lodged in neat
& clean hand writing and be
kept in safe custody being a
permanent record.
20. A copy of FIR should be sent
to MM concerned immediately.
21. A copy of FIR should be
provided to the complainant
free of cost.

What action can be expected from the police in a non-

cognizable offence?
1. The information regarding non-cognizable offence ought
to get lodged in the Daily Diary Register.
2. Complainant ought to get advised & briefed properly to
approach the Court.
3. Police officer can not investigate into the Non-cognizable
cases without the order of the court hence complainant
should be informed.
4. A copy of DD entry duly signed ought to be provided to the
complainant free of cost.
5. If orders regarding investigation into non-cognizable cases
are received the same procedure should be adopted as in the
cognizable cases.
6. Orders of the court should be obtained to arrest the
accused in Non cognizable cases after the investigation
7. If one of the offences in the commission of crime is
cognizable office then Non-cognizable offence should also
be investigated in the same manner (as cognizable offences
are investigated.
What does police do when complaints are doubtful?
In accordance with P.P.R. 24.4 if the information or other
intelligence relating to the alleged commission of a cognizable
offence is such that an officer-in-charge of the police station has

25
reason to suspect that the alleged offence has not been committed,
he shall record the same in the station diary along with his reasons
for not investigating the crime and also nullify the informer.
(i) Inspector or Supervising Officer can direct the
investigation in such case and may send the report to the
District Magistrate for perusal and order.
(ii) If such information or intelligence relates to commission
of offence uls 489 IPC, the same shall be recorded uls 154
Criminal Procedure Code. in the station diary as well as the
special report as per P.P.R. 24.16 shall be submitted and also
the source of movement of the note at which cognizable
offence appears to have been made committed, in that case,
a case shall be registered in the police station concerned and
investigation u/s 157 Criminal Procedure Code
What if you furnish false information?
See. 177 IPC Furnishing false information
'Whoever, being legally bound to furnish information on any
subject to any public servant, as such, furnishes, as true,
information on the subject which he knows or has reason to believe
to be false, shall be punished with simple imprisonment for a term
which may extend to six months.' or with fine which may extend to
one thousand rupees, or with both.
Or, if the information which he is legally bound to give respects the
commission of an offence, or is required for the purpose of
preventing the corn mission of an offence, or in order to the
apprehension of an offender, with imprisonment of either
description for a term which may extend to two years, or with fine,
or with both".
Sec. 182 IPC: "False information with intent to cause public
servant to use his power to the injury of another person.
'Whoever gives to any public servant any information which he
knows or believes to be false, intending thereby to cause, or
knowing it to be likely that he will thereby cause, such public
servant
(a) to do or omit anything which such public servant ought not

26
 to do or omit if the true state of facts respecting which such
information is given were known by him, or
(b) to use the lawful power of such public servant to the injury
or annoyance of any person shall be punished with
imprisonment of either description for a term which may
extend to six months, or with fine which may extend to one
thousand rupees, or with both.
What if a policeman records your F.I.R. wrongly?
Sec. 167 IPC: Public servant disobeying law, with intent to cause injury to
any person.
Whoever, being a public servant, and being, as such public servant,
charged with the preparation or translation of any document,
frames or translates that document in a manner which he knows or
believes to be incorrect, in- tending thereby to cause or knowing it
to be likely that he may thereby cause injury to any person, shall be
punished with imprisonment of either description for a term
which may extend to three years, or with fine, or with both'.
Sec.218 IPC: - Public servant framing incorrect record or writing
with intent to save person from punishment or property from
forfeiture.
Whoever, being a public servant, and being as such public servant,
charged with the preparation of any record or other writing, frames
that record or writing in a manner which he knows to be incorrect,
with intent to cause, or knowing it to be likely that he will thereby
cause, loss or injury to the public or to any person, or with intent
thereby to save, or knowing it to be likely that he will thereby save,
any person from legal punishment, or with intent to save, or
knowing that he is likely thereby to save, any property from
forfeiture or other charge to which it is liable by law, shall be
punished with imprisonment of either description for a term
which may extend to three years, or with fine, or with both.
If the informer gives false report, he is liable to be prosecuted u/s
182 or 211 IPC which are as follows:
Sec. 166 IPC: Public servant disobeying law, with intent to cause
injury to any person.

27
“Whoever, bring a public servant, knowingly disobeys any
direction of law as to the way in which he is to conduct himself as
such public servant, intending to cause, or knowing it to be likely
that he will, by such disobedience, cause injury to any person, shall
be punished with simple imprisonment for a term which may
extend to one year, or with fine, or with both.
Sec. 217 IPC: Public servant disobeying direction of law with
intent to save person from punishment or property from
forfeiture. "Whoever , being a public servant, knowingly disobeys
any direction of the law as to the way in which he is to conduct
himself as such public servant, intending thereby to save, or
knowing it to be likely that he will thereby save, any person from
legal punishment, or subject him to a less punishment than that to
which he is liable, or with intent to save, or knowing that he is likely
thereby to save, any property from forfeiture or any charge to
which it is liable by law, shall be punished with imprisonment of
either description for a term which may extend to two years, or with
fine, or with both.
Annexure 1

Format of the F.I.R

Book No ___________
FORM NO. 24.5 (1)
FIRST INFORMATION REPORT
First Information of a Cognizable Crime Reported under Section 154,
Criminal Penal Code
Police Station.................................... District.............................. No..................
Date and hour of Occurrence.....................
1. Date and hour when reported
2. Name and residence of informer and complainant.
3. Brief description of offence (with section) and of property carried
off, if any.
4. Place of occurrence and distance and direction from the Police
Station.
5. Name & Address of the Criminal.

28
 6. Steps taken regarding investigation explanation of delay in regarding
information.
7. Date and Time of dispatch from Police Station.
Signature.......................
Designation................................
(First information to be recorded below)
The signature of seal or thumb impression of the informer should be at the end of the
information and the signature of the Writer of (FIR) should be existed as usual.

E. Investigation
Investigation is the process to investigate and ascertain the
evidence of commission of offence by discovering the actual facts
and circumstances of a case. These facts are important for
arresting the accused.
a. What constitutes investigation?
An investigation comprises of:
i. Proceeding to the spot of commission of offence
ii. Ascertaining the facts and circumstances of the case
iii. Discovery and arrest of the suspected offender
iv. Collection of the evidence relating to the commission of the
offence. This may consist of:
- An examination of various persons including the accused
and recording of their statements
- The search of places, seizure of things considered
necessary for the investigation and to be produced at the
time of trial
v. Ascertaining the fitness of the case for the trial purposes, and
if so taking steps to file a charge sheet
Investigation depends on case to case comprising of several stages
and may be a lengthy process depending on the facts and
circumstances of the case. It starts from registration of the first
information report (FIR), then the on the basis of substantial

29
suspicion and surrounding evidence arrest of the accused takes
place. It is important to note that the police have the right to arrest
anyone suspected of having committed the offence even if the FIR
does not name the accused, irrespective of whether there are any
eye witnesses to the offence or not.
GUIDELINES OF THE SUPREME COURT IN DK BASU
CASE – An important tool to prevent the abuse of the powers by
the police to arrest and check illegal detention and custodial
torture-
Though these guidelines have been incorporated in the CRPC
under Section 50 A, It is instructive here to reiterate the same in the
interest of stake holders of this manual. This is also to give a simple
understanding of the legal provision. The Guidelines are as
follows:
1. Every police officer or other person making any arrest under
this Code shall forthwith give the information regarding such
arrest and place where the arrested person is being held to any
of his friends, relatives or such other persons as may be
disclosed or nominated by the arrested person for the purpose
of giving such information
2. The police officer shall inform the arrested person of his
rights under subsection (1) as soon as he is brought to the
police station
3. Any entry of the fact as to who has been informed of the
arrest of such person shall be made in the book to be kept in
the police station in such form as prescribed in this behalf by
the State Government.
4. It shall be the duty of the magistrate before whom such
arrested person is produced, to satisfy himself that the
requirement of subsection (2) and subsection (3) have been
complied with in respect of such arrested person
An arrested person can not be detained in custody by the police
officer beyond a period of 24 hours. If the police officer desires
further custody he has to produce the accused before the
magistrate and obtain a remand which may not exceed a period of
15 days. Application for such remand has also to be made to the
magistrate.

30
 Things to be remembered:
1. An accused cannot be said to be a witness against
himself. The confession made by him can not be said to
be self incriminatory.
2. Law does not provide protection from a voluntary
statement other than confession made to a police
officer which may ultimately turn out to be
incriminatory.
3. If the investigating officer is biased make the complaint
to the magistrate and for the transfer of investigation
from police to Central Bureau of Investigation (CBI).
4. If investigation is incomplete and unsatisfactory,
request the magistrate for ordering further
investigation or make an application for reinvestigation
5. In case where evidence has been destroyed due to
natural reasons or is no longer available, there is no
practical solution to if evidence is missing or has been
destroyed due to passage of time. All that is to be done
is to ensure that due care was take to collect all the
evidence by the police.
6. Do not forget to collect the copy of the charge sheet
and challenge any false or additional charges

F. After Investigation
After the investigation is complete the final report is submitted to
the magistrate along with documents and proofs. If in the belief of
investigating officer no offence has been committed under IPC he
will file the closure report. Such closure report filed by the
Magistrate is not the final word. The Magistrate can order for the
reexamination of the case.
What is summary closure?
In cases where police itself is the informant in the FIR, and after
the hearing the Magistrate refuses to take the cognizance of the
offence, the case is said to be summarily closed. The following are
the grounds for summary closure:

31
 ?
The offence has been committed but the accused is either
unidentified or is absconding
?
The complaint filed is found to be false
?
The case is of a civil and not criminal nature
?
The offence is non cognizable
G. Bail ( problems and solutions)
a) What is Bail
Bail simply refers to the release of the accused before trial. The
defence makes an application for bail which the prosecution
can oppose. If bail is granted, the accused is free from custody
but is expected to attend court. There are bailable offences like
rioting, and non bailable offences like murder. In murder bail
may be granted at the discretion of the magistrate.
Under Indian criminal law, there is a provision for
anticipatory bail under Section 438 of the Criminal
Procedure Code. This provision allows a person to seek bail in
anticipation of an arrest on accusation of having committed a
non-bailable offence.
b) When Bail can/cannot be granted?
Bail can not be granted to a person where thee are reasonable
grounds to believe that the person is guilty of an offence
punishable with death or life imprisonment.
c) What is to be done when the court wrongly grants bail? (
due to bias or charge sheet omits charges)
When court acts on bias it is advised to collect the copy of the
chargesheet and chack whether the charges have been
correctly framed and whether it includes all the charges against
the accused. An attempt should be made to collect all the
material evidences for the charges that have been deliberately
excluded as a question of fact and should be brought before
the court.
H. Arrest
An arrest is the act of depriving a person of his or her usually in
relation to the investigation and prevention of crime. Arrest

32
commences with the restraint placed on the personal liberty of the
accused. The actual time recorded by the police officer for showing
arrest is immaterial. The stipulation of 24 hrs under Article 22(2)
applies from the moment the liberty of the person is restrained.
Given below are the thumb rules to be remembered while dealing with a
situation of Arrest. In order to facilitate the understanding, the issues
regarding arrest have been divided into three situations viz; Pre-Arrest, During
Arrest, After Arrest. These Practical issues that are practical and are faced by
the victims are also addressed by the Supreme Court of India in the Joginder
Kumar's case- (1994) 4 SCC 260).
Pre-Arrest
This section summarizes the steps to be taken before arrest is made
or if there is a probability of arrest
1. The Police have the power to arrest without a warrant only in a
situation when there is reasonable satisfaction reached, after
some investigation, as to the genuineness and bonafides of a
complaint and a reasonable belief as to both the person's
complicity as well as the need to effect arrest. [Joginder
Kumar's case- (1994) 4 SCC 260).
2. The Police cannot exercise powers of arrest without a warrant
merely because it is vested with certain powers, whether the
power of arrest has been exercised reasonably and was
justified can be challenged in the court of law
3. The power exercised by Police to arrest without warrant may
be justified in one or other of the following circumstances
(i) The case involves a grave offence like murder, dacoity,
robbery, rape etc. and it is necessary to arrest the suspect
to prevent him from escaping or evading the process of
law.
(ii) The suspect is given to violent behavior and is likely to
commit further offences.
(iii) The suspect requires to be prevented from destroying
evidence or interfering with witnesses or warning other
suspects who have not yet been arrested.

33
 (iv) The suspect is a habitual offender who, unless arrested, is
likely to commit similar or further offences. [3rd Report
of National Police Commission]
4. The Supreme Court has observed that Except in heinous
offences, as mentioned above, an arrest must be avoided if a
police officer issues notice to the person to attend the police
station and not leave the station without permission. (see
Joginder Kumar's case (1994) SCC 260).
5. The Supreme Court has observed that power to arrest must be
avoided where the offences are bailable unless:
i) There is a strong apprehension of the suspect
absconding
6. Human and Civil Rights Defenders should be vigilant to
ensure that Police officers carrying out an arrest or
interrogation should bear clear identification and name tags
with designations. The particulars of police personnel
carrying out the arrest or interrogation should be recorded
contemporaneously, in a register kept at the police station.

During –Arrest
This section summarizes the steps to be taken at the time when
arrest is made
1. The Human and Civil Rights defenders should know that
there is a rule laid down by the Supreme Court against the
use of force while arrest is made. As per this rule the Police
officer should avoid use of force while effecting arrest.
However, in case of forcible resistance to arrest, minimum
force to overcome such resistance may be used. However,
care must be taken to ensure that injuries to the person
being arrested, visible or otherwise, is avoided.
2. The Police while arrest can not offend the dignity of the
person. It should be protected. Public display or parading
of the person arrested is not permitted at any cost.
3. The law provides that the search of the arrested person
must be done with due respect to dignity and decency of the

34
 person without force or aggression and with care for the
person's right to privacy.
4. Searches of women should only be made by other women
with strict regard to decency. (S.51 (2) CrPC
5. The use of handcuffs or leg chains should be strictly
avoided and if at all, it should be resorted to strictly in
accordance with the law repeatedly explained and mandated
in judgement of the Supreme Court in Prem Shanker
Shukla v. Delhi Adminstration [(1980) 3 SCC 526] and
Citizen for Democracy v. State of Assam [(1995) 3 SCC
743].
6. Human and civil rights defenders should note that women
police officers should be associated where the person or
persons being arrested are women. The arrest of women
between sunset and sunrise should be avoided as per the
Supreme Court's Orders
7. Where children or juveniles are sought to be arrested, no
force or beatings should be administered under any
circumstances.
8. The role of the Human and civil rights defenders becomes
crucial where the arrest is without a warrant. As the person
arrested has to be immediately informed of the grounds of
arrest in a language which he or she understands, the police
have been advised to take help of respectable citizens in
such cases. The defender should take active role in
explaining the grounds of arrest.
9. The Human and civil rights defender should ensure that the
same grounds of arrest as have been explained to the
person are recorded in writing in police records. The person
arrested should be shown the written reasons as well and
also given a copy on demand. (S.50 (1) CrPC.)
10. It is the right of the arrested person to inform his/her
friend, relative or other person known to him be informed
of the fact of his arrest and the place of his detention. The
police should record in a register the name of the person so

35
 informed
11. If a person is being arrested for a bailable offence, the police
officer should inform him of his entitlement to be released
on bail so that he may arrange for sureties. (S.50 (2) CrPC.)
12. Apart from informing the person arrested of the above
rights, the police should also inform him of his right to
consult and be defended by a lawyer of his choice. He
should also be informed that he is entitled to free legal aid at
state expense [D.K. Basu's case (1997) 1 SCC].
13. Attention Human and civil rights defenders! The Police
must inform the arrested person of his right to be medically
examined on demand. When a person arrested is brought to
the police station, if he makes a request in this regard, be
given prompt medical assistance. He must be informed of
this right. Where the police officer finds that the arrested
person is in a condition where he is unable to make such
request but is in need of medical help, he should promptly
arrange for the same. This must also be recorded
contemporaneously in a register. The female requesting for
medical help should be examined only by a female
registered medical practitioner. (S.53 CrPC)
14. Information regarding the arrest and the place of detention
should be communicated by the police officer effecting the
arrest without any delay to the police Control Room and
District / State Headquarters.
15. If the arrestee has been remanded to police custody under
the orders of the court, the arrestee should be subjected to
medical examination by a trained Medical Officer every 48
hours during his detention in custody by a doctor on the
panel of approved doctors appointed by Director, Health
Services of the concerned State or Union Territory. At the
time of his release from the police custody, the arrestee shall
be got medically examined and a certificate shall be issued to
him stating therein the factual position of the existence or
nonexistence of any injuries on his person.

36
Post- Arrest
This section summarizes the steps to be taken at the time when
arrest is made
1. The person under arrest must be produced before the
appropriate court within 24 hours of the arrest (Ss 56 and
57 Cr.PC).
2. The person arrested should be permitted to meet his lawyer
at any time during the interrogation.
3. The interrogation should be conducted in a clearly
identifiable place, which has been notified for this purpose
by the Government. The place must be accessible and the
relatives or friend of the person arrested must be informed
of the place of interrogation taking place.
4. The methods of interrogation must be consistent with the
recognised rights to life, dignity and liberty and right against
torture and degrading treatment.

Special Rights for Women and Children

Special Rights for Women
«
A woman can be searched, only by another woman with
strict regard to decency. (Section 51 and 100 CrPC)
«
Any female occupant, who as per custom does not appear in
public and not being the person to be arrested, has to be
afforded reasonable opportunity to withdraw before
entering a place for arresting a person who may be hiding
there. (Sec. 47 CrPC)
«
No male under the age of 15 years or a woman can be
summoned by police as witnesses to depose about the facts
and circumstances in a case under investigation at any place
other than the place in which such male person or woman
resides. (Sec. 160 CrPC)
«
Nothing is an offence which is done by a child under seven
years of age. (Sec. 82 IPC).

37
Special Rights for Children
Nothing is an offence which is done by a child above seven years of
age and under twelve, who has not attained sufficient maturity of
understanding to judge the nature and consequences of his
conduct on that occasion. (Sec.83 IPC)
The Juvenile Justice (Care and Protection of Children) Act, 2000
prohibits
«
Lodging of children in jails and police lock-ups and lays
down procedures including norms for investigation and
trial in cases of juvenile crimes
«
Publication of names and other details of juveniles who are
involved in any proceeding under the Act
«
Trial of juveniles with adults
It provides that in matters concerning bail normally a juvenile shall
not be denied bail. It also sets out procedure for rehabilitation and
social reintegration of children.

Things to be remembered:
Before Arrest:
¦
No arrest can be made because it is lawful for the police
officer to do so.
¦
The police officer must be able to justify the arrest
apart from his power to do so.
¦
No arrest can be made in a routine manner on a mere
allegation of commission of an offence made against a
person.
¦
When a junior officer is deputed to arrest a person
without a warrant, the SHO must give a written order
specifying the person to be arrested and the grounds of
such arrest. The deputed officer has to notify the
substance of the order to the person being arrested and
if the person wants to see the order, even show
her/him the order of arrest.

38
Guidelines during Arrest:
¦
Police officers, carrying out arrest or interrogation
must bear accurate, visible and clear identification and
name tags with their designations.
¦
An arrested person must be informed as soon as
possible about the grounds of arrest and her/his right
to be represented by a lawyer.
¦
The particulars of the officers handling arrest and
interrogation must be recorded in a register.
¦
The police officer while arresting a person must make a
memo of arrest, which should be attested by at least
one witness who is either a family or a respectable
member of the locality. The arrested person should
also sign the memo and a copy of the memo should be
given to her/him
During and After Arrest:
¦
Reasons for arrest and complete description of the
arrested person must be recorded in the case diary.
¦
That the police officer carrying out the arrest of the
arrestee shall prepare a memo of arrest at the time of
arrest and such memo shall be attested by at least one
witness, who may either be a member of the family of
the arrestee or a respectable person of the locality from
where the arrest is made. It shall also be countersigned
by the arrestee and shall contain the time and date of
arrest
¦
An arrested person must be produced before the court
within twenty-four hours of arrest.
¦
In case a person is arrested for a bailable offence s/he
must be informed about her/his right to get bail.
¦
An arrested or detained person is entitled to inform a
friend, relative or any other person interested in

39
 her/his welfare about the arrest and place of detention
as soon as practicable. The arrested person must be
made aware of this right as soon as s/he is arrested or
detained.
¦
An entry must be made in the diary at the place of
detention indicating the person to whom information
of arrest has been given and also the names of the
persons in whose custody, the arrested person is being
kept.
¦
A friend or relative of the arrested person must be
notified by the police about the time, date, place of
arrest and the place of custody. If that relative or friend
lives outside the district or town, information should
be communicated telegraphically within 8-12 of the
arrest through the District Legal Aid Organisation and
the concerned police station.
¦
Fetters or handcuffs are not be used as a matter of
routine or for convenience of the arresting or
escorting officer.
¦
The police should not handcuff a person merely to
humiliate or harass her/him. The arrested person
should not be handcuffed unless there is a clear and
present danger of her/him escaping and s/he is:
a) involved in serious non-bailable offences and has
been previously convicted of a crime; or
b) is of desperate character; or
c) is likely to commit suicide; or
d) is likely to attempt escape.
¦
If for any reasons the use of handcuffs is resorted to,
such reasons should be recorded in the Daily Diary
Report. An accused person must not be handcuffed to
and fro from custody to the court, without permission
of the magistrate.

40
¦
Handcuffing is not necessary to prevent a prisoner
from escaping. There are other ways to prevent escape
of persons in custody such as increasing the strength
of the armed escort or transporting them in well-
protected vans.
¦
The officer conducting the search of an arrested
person should prepare a memo of articles seized. A
copy of the memo should be given to the arrested
person.
¦
Arrested persons should be held only in officially
recognised places.
¦
Care should be taken to ensure the safety and well
being of the detained person. Proper arrangements
must be put in place to provide subsistence, shelter and
toilet facilities to those in custody. Detained persons
should be provided with adequate food, shelter,
clothing as well as easy access to medical services,
exercise and items of personal hygiene.
¦
While a police officer can get an arrested person
medically examined by a registered medical
practitioner to get evidence about the commission of
an offence, she/he must ensure that examination of
women and girls should only be carried out by a woman
medical practitioner.
¦
The substance of the medical examination report
should be entered in the police station diary. All major
and minor injuries on the arrested person should be
recorded in a memo.
¦
Suitable arrangements must also be made for the
treatment of any illness or injury.
¦
Medical examination of an arrested person should be
carried out by a trained doctor, who is on the panel of
approved doctors appointed by the Director, Health
Services of the concerned state or union territory.

41
¦
The police officer should allow the arrested person to
consult a lawyer of her/his choice. The lawyer can
remain present during interrogation, if not for the
whole but for a reasonable period of time.
¦
The police may be present at the time of the
consultation, but sufficient privacy of conversation
should be provided to the arrested person.
¦
No one (including arrested persons) should be
subjected to torture, inhuman or degrading treatment.
¦
Accused persons cannot be forced into confessing
guilt, or testifying against themselves.
¦
An arrested person cannot be made to sign any
statement given to the police in the course of
investigation.
¦
An arrested person should not be photographed unless
it is absolutely necessary. Permission of the
Superintendent of Police or prior sanction of the
Deputy Inspector General of Police or the Criminal
Investigation Department must be taken before
photographing the arrested person.
¦
Copies of all documents including the memo of arrest
should be sent to the Area Magistrate.
¦
The nearest Legal Aid Committee should be informed
as soon as an arrest is made so that the arrested person
can take legal assistance.
¦
Information about the arrest and about the place where
the arrested person is being detained must be sent to
the State Police Headquarters within 12 hours of the
arrest. This information should be prominently
displayed in the police control room at both district
and state headquarters.

42
In case of Arrest of Women:
¦
As far as practicable women police officers should be
associated where females are being arrested.
¦
Women and girls should not be called to the police
station or to any place other than their place of
residence for questioning.
¦
The time selected for questioning should not be
intended to harass or embarrass the person being
questioned. It is the duty of the police officer making
arrest to see that arrested females are segregated from
men and kept in female lock-up in the police station.
¦
In case there is no separate lock up, women should be
kept in a separate room.
¦
Girls and women should be guarded by female
constables/police officers. They must be questioned in
the presence of policewomen.
¦
Body searches of females should only be carried out by
women and with strict regard to decency.
¦
As far as possible, one of the two or more witnesses to
the search must be women. Medical examination of
women/girls should be carried only under the
supervision of female medical practitioners
¦
All necessary pre-natal and post-natal care should be
provided to females who are arrested. Restraints
should only be used on pregnant women as a last
resort. Their safety or the safety of their foetus should
never be put at risk. Women must never be restrained
during labour.

43
Rights of the arrested person
1. The person arrested must be informed about the
grounds of his arrest and that he has right to be
released on bail. He must also be informed to arrange
for sureties
2. It is the right of the person to see warrant of his arrest.
3. The warrant of arrest must contain the name of the
accused and his father's name, cast/tribe, residence of
the person and his identity beyond doubt. The warrant
should specify the offence charged and the name of the
district and the court issuing it.
4. The warrant should contain the full signature of the
issuing magistrate, if it is only signed but there is no seal
its illegal
5. The arrested person has the right to consult the lawyer
of his choice
6. The arrested person must be produced before the
nearest Magistrate with in 24 hrs
7. It is the right of the person to be medically examined
and can request so if he feels that such examination is
necessary.
A person can be arrested without warrant only when he is
suspected to have committed cognizable offence and getting
the warrant may cause delay in the arrest of the person

44
I. Detention
Detention generally refers to a state or government holding a
person in a particular area (generally called a detention centre),
either for interrogation, as punishment for a wrong, or as a
precautionary measure while that person is suspected of posing a
potential threat.

Things to be remembered while detention is made-

Rights of the detainee
1. No person can be detained beyond a period of 24 hrs
exclusive of the time necessary for journey from the place
of arrest to the Magistrate's Court
2. The detention period can be extended beyond 24 hrs only
with the permission of the magistrate which may not
extend to 15 days on the whole. The accused must be
produced before the magistrate after this.
3. If the magistrate feels that there are adequate grounds for
further detention he can pass an order to that effect for a
period not exceeding 15 days. The total period of
detention can not exceed 60 days whether investigation
has been completed or not. Detention for an indefinite
period is illegal. In case of non bailable offences the
accused may be kept in jail until the trial is over

J. The Trial ( problems and solutions)

After all the stages narrated above have passed and there is no
closure of the case by the investigating officer, the case is now
continued in the court. While the burden of proof in a criminal
trial lies entirely on the prosecution to prove the case of the
accused beyond a reasonable doubt, it is important to note the
following:
1. The complainant has the right to legal aid, the expenses of a
criminal trial are borne by the state and the witnesses can ask
for the conveyance to be paid.
2. Normally the venue of the trial is the court within whose

45
 jurisdiction (refer jurisdiction section in Part one) the
offence was committed. However application can be made
by either the defense or the prosecution's side to change the
venue of the trial. The High Court has the power to transfer
the case from one subordinate court to the other
subordinate court. The supreme court can transfer the case
from one high court to the high court of another state or
from subordinate court of one state to the subordinate
court of another.
The following must be shown-
«Fair and impartial inquiry can not be ensured in the
present court
«There is a question of law which is difficult to
resolve
«A transfer is necessary in the interest of justice
«It is necessary and convenient in the interest of
justice
3. The accused has the right to be tried in his presence
K. Limitation
There is a limitation period for launching the prosecution which
means any delay beyond this period may seriously affect the

Nature of the offence Period of limitation for taking

cognizance
1. Offence punishable with fine. Six Months
2. Offence punishable with
imprisonment for a period not One year
exceeding one year.
3. Offence punishable with
imprisonment for a period Three years
more than one year but not
exceeding three years.
4. Offences punishable with
imprisonment for more than No limitation is fixed
three years.

46
triggering of criminal law into motion. This varies from offence to
offence. Limitation period of certain offences as below
L. Prisoner's Rights/ Rights of Under trial
Prisoners are of two kinds, under trials and convicts
The law stipulates that if the investigation cannot be completed
within 24 hrs, the accused is to be taken on remand. Once accused
is denied bail and is committed to judicial custody, he is called an
under trial prisoner. Their rights are as follows:
l Under trials cannot be required to any labor while they
remain in Jail.
l As per the Supreme Court's Ruling in Sunil Batra's case AIR
1978, 1675, the prisoners cannot be inflicted any major
punishment without proper procedural safeguards
l The under trials are entitled to proper medical facilities and
appropriate hygienic conditions ( Ramamurthy's Case 1997
2 SCC 642)
l Prisoners and under trials are entitled to reading and writing
books in jail
l Prisoners cannot be subject to incarceratory torture
l Putting up of under trials in leg irons is prohibited
l Any rule prohibiting the meeting of family members or
lawyer to the under trial is violative of Article 21
l Jailing of non- criminal mentally retarded persons is
unconstitutional as per the Supreme Court Order's in Veena
Sethi vs State of Bihar
l One point of right of an under trial prisoner is the right to
speedy trial
l In Shmt Akhtari Bi vs State of MP ( 2001 (4) SRJ 397) the
Supreme Court ruled that to have speedy justice is a
fundamental right which flows from Article 21 of the
constitution
M. Right to Legal Aid
Right to life as guaranteed under Article 21 of the Constitution of
India, includes right to Legal aid. Legal aid also embodied in the

47
directive principle of state. Article 39 A of Constitution provides
equal justice and free legal aid.
Advocate Act also gives importance to the Legal Aid. Section 9A
of Advocate Act provides: - (l). A Bar Council may constitute one
or more legal aid committee each of which shall consists of such
member or members not extending 9 but not less than 5 as may be
prescribed. (2) The qualification, the method of the selections and
terms of the office of the Legal Aid committee shall be such as may
be prescribed.
In order to fulfill the Constitutional obligation, the Legal Service
Authority Act 1987 was enacted to provide free and competent
legal services to the weaker section of the society. The Act further
meant to organise Lok Adalats to secure the operation of the legal
systems to promote justice on basis of equal opportunity.
Criteria for availing Legal Aid
This Act prescribes different legal service committee and also
provides for formation of legal aid fund at national level, state level
and district level etc. Section 12 of the Legal Service Authority.
The Act provides the criteria for entitlement to legal service as
follows:
(i) A member of schedule cast and schedule tribe.
(ii) A victim of trafficking human being or beggar as referred to
Article 23 of the Constitution.
(iii) A women or child.
(iv) A disable person.
(v) Victim of mass disaster, ethnic violence, flood, drought,
industrial disaster,
(vi) Industrial workman,
(vii) Person in custody,
(viii) person having annual income less than nine thousand or
higher as prescribed by the State Govt.
A person desires to get legal aid must satisfy any or all of the criteria
having a prima-facie case. Different Govt. has framed different

48
legal aid schemes. Legal aid popularly known as legal aid at free of
cost. The concept "legal aid" also includes legal aid at reasonable
cost with qualitative legal service.

Few more aspects are illustrated below for enabling an

increased understanding:

A. Right to Legal Aid:-What is the source of Right

It is the duty of the State to see that the legal system promotes
justice on the basis of equal opportunity for all its citizens. It must
therefore arrange to provide free legal aid to those who cannot
access justice due to economic and other disabilities.—(Art.39 A
of the Constitution of India)
If the accused does not have sufficient means to engage a lawyer,
the court must provide one for the defense of the accused at the
expense of the state. —(Sec. 304, Criminal Procedure Code)
The Constitutional duty to provide legal aid arises from the time
the accused is produced before the Magistrate for the first time and
continues whenever he is produced for remand. (Khatri II Vs.
State of Bihar, (1981) 1SCC; 1981 SCC (Cri) 228; 1981 Cri. LJ 470)
A person entitled to appeal against his/her sentence has the right to
ask for a counsel, to prepare and argue the appeal.—(Madav
Hayavadanrao Hoskot Vs. State of Maharastra (1978)3 SCC 544)
(Art. 142 of the Constitution r/w 21 and 39A)
B. Duties of the Police and the Courts:
a. The police must inform the nearest Legal Aid Committee
about the arrest of a person immediately after such arrest.
—(Sheela Barse, V. State of Maharashtra)
b. The Magistrates and sessions judges must inform every
accused who appears before them and who is not represented
by a lawyer on account of his poverty or indigence that he is
entitled to free legal services at the cost of the State. Failure to
provide legal aid to an indigent accused, unless it was refused,
would vitiate the trial. It might even result in setting aside a
conviction and sentence.—(Suk Das Vs. Union Territory of
Arunachal Pradesh (1986) 2 SCC 401; 1986 SCC (Cri) 166)

49
C. Services offered by the Legal Services Authority:
«
Payment of court and other process fee;
«
Charges for preparing, drafting and filing of any legal
proceedings;
«
Charges of a legal practitioner or legal advisor;
«
Costs of obtaining decrees, judgments, orders or any
other documents in a legal proceeding;
«
Costs of paper work, including printing, translation etc.
D. When can Legal services be rejected?
1. If the applicant has adequate means to access justice;
2. Does not fulfill the eligibility criteria;
3. Has no merit in his application requiring legal action.
E. Who is entitled to free legal aid?
1. any person, who is: a member of the scheduled castes or
tribes;
2. poor (with an annual income of not more than
Rs.50000/- for cases in the Supreme Court and
Rs.25000/- in other courts);
3. a victim of trafficking in human beings or beggar;
4. disabled, including mentally disabled;
5. a woman or child;
6. a victim of mass disaster, ethnic violence, caste atrocity,
flood, drought, earth quake, industrial disaster and other
cases of undeserved want;
7. an industrial workman;
8. in custody, including protective custody;
9. facing a charge which might result in imprisonment;
—(Khatri II Vs. State of Bihar,(1981) 1SCC); and
10. unable to engage a lawyer and secure legal services on
account of reasons such as poverty, indigence, and
incommunicado situation;

50
 11. In addition to the above, legal service may be granted: in
cases of great public importance;
12. Special cases considered deserving of legal services.

F. When can the legal services be withdrawn?

The legal services committee can withdraw the services if, the aid is
obtained through
a. misrepresentation or fraud;
b. any material change occurs in the
c. circumstances of the aided person;
d. there is misconduct, misbehavior or
e. negligence on the part of the aided person;
f. the aided person does not cooperate
g. with the allotted advocate;
h. the aided persons appoints another
i. legal practitioner;
j. the aided person dies, except in civil cases;
k. the proceedings amount to misusing

G. The process of law or of legal service-Cases for which

legal aid is not available
1. Cases in respect of defamation,
2. Malicious prosecution, contempt of court, perjury etc.
3. Proceedings relating to election;
4. Cases where the fine imposed is not more than Rs.50/-;
5. Economic offences and offences against social laws;
6. Cases where the person seeking legal aid is not directly
concerned with the proceedings and whose interests will
not be affected, if not represented properly.
H. Recovery of the Aid:
Where legal services are withdrawn, the Committee is empowered
to recover the cost of legal services granted.

51
I. Whom to approach for free legal aid?
1. The person who needs free legal aid can approach the
Legal Services Authority at any level- national, state,
district or taluq.
2. The request can be made to:
a) the Senior Civil judge nominated as the chairperson
of the Mandal/Taluq
b) Legal Services Authority; the Secretary, District
Legal Services Authority at the district level;
c) the Secretary, High Court Legal Services
Committee at the state level;
d) the Secretary, Supreme Court Legal Services
Committee at the higher level;
e) the member secretary of the state legal services
authority;
f) the magistrate before whom s/he is produced; or
the custodial authorities, if under detention.
J. How to Approach?
1. A written application can be made to the concerned
authority (See Annexure for Performa of the
application form)
2. Where the person cannot read or write, the legal services
authority will record his/her statement along with
thumb impression. Such a statement is treated as an
application.
3. The person who claims legal aid has to file an affidavit
of his income.
K. Steps involved in the process:
1. The eligibility criteria and the merits of the case are
examined.
2. If the application for legal aid is rejected, reasons shall
be duly recorded and also informed to the applicant.
3. The applicant has the right to appeal before the
chairman for a decision against such rejection.

52
L. Duties of the aided person:
The aided person must:
1. comply with directions given by the Secretary of the Legal
Services Authority;
2. attend the office of the committee or Court as well as of the
advocate assigned, as when required;
3. furnish full and true information to the advocate rendering
legal service; and
4. not pay any fee or expenses to the advocate rendering legal
service.
Source : http://www.humanrightsinitiative.org/publications/police/legal.pdf

53
 PART THREE

Right to information
 Part Three
Right to information
This segment aimed to create basic understanding of the right to information
and suggest ways to make effective use of the Right to Information Act. The
formats for filing the RTI have been provided along with the requisite procedure
in the simplified form.
A. What is RTI?
RTI stands for Right to Information. Right to Information is a part
of fundamental rights under Article 19(1) of the Constitution.
Article 19 (1) says that every citizen has freedom of speech and
expression. As early as in 1976, the Supreme Court said in the case
of Raj Narain vs State of UP, that people cannot speak or express
themselves unless they know. Therefore, right to information is
embedded in article 19. In the same case, Supreme Court further
said that India is a democracy. People are the masters. Therefore,
the masters have a right to know how the governments, meant to
serve them, are functioning. Further, every citizen pays taxes. Even
a beggar on the street pays tax (in the form of sales tax, excise duty
etc) when he buys a piece of soap from the market. The citizens
therefore, have a right to know how their money was being spent.
These three principles were laid down by the Supreme Court while
saying that RTI is a part of our fundamental rights.
What rights are available under RTI Act 2005?
Right to Information Act 2005 empowers every citizen to
1. Ask any questions from the Government or seek any
information
2. Take copies of any government documents
3. Inspect any government documents.
4. Inspect any Government works
5. Take samples of materials of any Government work.
Who is covered under RTI?
The Central RTI Act extends to the whole of India except the State
of Jammu and Kashmir. All bodies, which are constituted under

57
the Constitution or under any law or under any Government
notification or all bodies, including NGOs, which are owned,
controlled or substantially financed by the Government are
covered.
What is “substantially financed”?
This is neither defined under RTI Act nor under any other Act. So,
this issue will evolve with time, maybe through some court orders
etc.
Are Private bodies covered under the RTI Act?
All private bodies, which are owned, controlled or substantially
financed by the Government are directly covered. Others are
indirectly covered. That is, if a government department can access
information from any private body under any other Act, the same
can be accessed by the citizen under the RTI Act through that
government department.
Isn't Official Secrets Act 1923 an obstacle to the
implementation of RTI Act?
No. Sec 22 of the RTI Act 2005 clearly says that RTI Act would
over ride all existing Acts including Officials Secrets Act.
Can the PIO refuse to give me information?
A PIO can refuse information on 11 subjects that are listed in
section 8 of the RTI Act. These include information received in
confidence from foreign governments, information prejudicial to
security, strategic, scientific or economic interests of the country,
breach of privilege of legislatures, etc.
There is a list of 18 agencies given in second schedule of the Act to
which RTI Act does not apply. However, they also have to give
information if it relates to matters pertaining to allegations of
corruption or human rights violations.
Does the Act provide for partial disclosure?
Yes. Under Section 10 of the RTI Act, access may be provided to
that part of the record which does not contain information which
is exempt from disclosure under this Act.

58
Can access be denied to file notings?
No. File notings are an integral part of the government file and are
subject to disclosure under the Act. This has been clarified by the
Central Information Commission in one of its orders on 31st Jan
2006.
B. How to use Right to Information
Who will give me information under the RTI Application?
One or more existing officers in every Government Department
have been designated as Public Information Officers (PIO). These
PIOs act like nodal officers. You have to file your applications with
them. They are responsible for collecting information sought by
you from various wings of that Department and providing that
information to you. In addition, several officers have been
appointed as Assistant Public Information Officers (APIOs).
Their job is only to accept applications from the public and forward
it to the right PIO.
Where do I submit application?
You can do that with the PIO or with APIO. In the case of all
Central Government Departments, 629 post offices have been
designated as APIOs. This means that you can go to any of these
post offices and submit your fee and application at the RTI counter
in these post offices. They will issue you a receipt and
acknowledgement and it is the responsibility of that post office to
deliver it to the right PIO. The list of these post offices is given at
http://www.indiapost.gov.in/rtimanual16a.html
Is there any fee? How do I deposit that?
Yes, there is an application fee. For Central Government
Departments, it is Rs 10. However, different states have prescribed
different fee. For details see rules framed by the states on this
website. For getting information, you have to pay Rs 2 per page of
information provided for Central Government Departments. It is
different for different states. Similarly, there is a fee for inspection
of documents. There is no fee for first hour of inspection, but after
that, you have to pay Rs. 5 for every subsequent hour or fraction
thereof. This is according to Central Rules. For each state, see

59
respective state rules. You can deposit fee wither in cash or through
a DD or bankers cheque or postal order drawn in favor of that
public authority. In some states, you can buy court fee stamps and
affix it on your application. This would be treated as if you have
deposited the fee. You can then deposit your application either by
post or by hand.
What should I do if the PIO or the concerned Department
does not accept my application?
You can send it by post. You should also make a formal complaint
to the respective Information Commission under section 18. The
Information Commissioner has the power to impose a penalty of
Rs 25000 on the concerned officer who refused to accept your
application.
Is there an application form for seeking information?
For Central Government Departments, there is no form. You
should apply on a plain sheet of paper like an ordinary application.
However, many states and some ministries and departments have
prescribed formats. You should apply in these formats. Please read
rules of respective states to know
How can I apply for information?
Draft your application on a normal sheet of paper and submit it by
post or in person to the Public Information Officer (PIO).
[Remember to keep a copy of the application for your personal
reference]
How can I deposit my application fee?
Every state has a different mode of payment for application fee.
Generally, you can deposit your application fee via:
·In person by paying cash [remember to take your receipt]
·By Post through:
·Demand Draft
·Indian Postal Order
·Money orders (only in some states)

60
·Affixing Court fee Stamp (only in some states)
·Banker's cheque
·Some state governments have prescribed some head of
account. You are required to deposit fee in that account. For
that, you can either go to any branch of SBI and despoist cash
in that account or attach deposit receipt with your RTI
application. Or you can also send a postal order or a DD
drawn in favour of that account along with your RTI
application.
Please see respective state rules for complete details.
Can I submit my application only with the PIO?
No, in case the PIO is not available you can submit your application
with the Assistant PIO or any other officer designated to accept the
RTI applications.
Where can I locate the concerned PIO?
A list of PIOs/APIOs and Appellate Authorities for all Central
and State departments/Ministries is available online at
www.rti.gov.in
What if I cannot locate my PIO or APIO?
In case you have problems locating your PIO/APIO you can
address your RTI application to the PIO C/o Head of Department
and send it to the concerned public authority with the requisite
application fee. The Head of Department will have to forward your
application to the concerned PIO.
Do I have to personally go to deposit my application?
Depending on your state rules for mode of payment you can
deposit your application for information from the concerned
departments of your state government via post by attaching a DD,
Money Order, Postal Order or affixing Court fee Stamp
For all Central government departments the Department of Posts
has designated 629 postal offices at the national level. The
designated officers in these post offices work as Assistant PIOs
and collect the application to forward to the concerned PIO. A list

61
is available on http://www.indiapost.gov.in/rticontents.html
Is there a time limit to receiving information?
Yes. If you file your application with the PIO, you must receive
information within 30 days.
In case you have filed your application with Assistant PIO then
information has to be made available within 35 days.
In case the matter to which the information pertains affects the life
and liberty of an individual, information has to be made available in
48 hours.
Do I have to give reasons why I want a particular
information?
Absolutely not! You are not required to give any reasons or
additional information other than your contact details (i.e., Name,
Address, and Phone No.). Sec 6(2) clearly says that no information
other than contact details of the applicant shall be asked.
Can the PIO refuse to accept my RTI application?
No. The PIO cannot refuse to accept your application for
information under any circumstances. Even if the information
does not pertain to his/her department/jurisdiction, s/he has to
accept it. If the application does not pertain to that PIO, he would
have to transfer it to the right PIO within 5 days under sec 6(2).

C. Why is it that RTI works when no other law has worked

There have been many good laws in this country but none of those
laws worked. Why do you think this law would work?
This law is already working. This is because for the first time in the
history of independent India, there is a law which casts a direct
accountability on the officer for non-performance. If concerned
officer does not provide information in time, a penalty of Rs 250
per day of delay can be imposed by the Information
Commissioner. If the information provided is false, a penalty of a
maximum of Rs 25000 can be imposed. A penalty can also be
imposed for providing incomplete or for rejecting your application
for mala fide reasons. This fine is deducted from the officer's

62
personal salary.
Has any penalty been imposed so far?
Yes, some officers have been penalized by the Central as well as
State Information Commissioners.
Does the Applicant get the amount fined to the PIO?
No. The amount fined is deposited in the government treasury.
However, under sec 19, the applicant can seek compensation.

D. What should I do if I do not receive satisfactory

information?
What can I do if I do not receive information?
If you do not receive information or are dissatisfied with the
information received, you can file an appeal with the first appellate
authority under section 19 (1) of the right to Information Act.
Who is a First Appellate authority?
Every public authority must designate a First Appellate Authority.
This officer designated is the officer senior in rank to your PIO.
Is there a form for the first appeal?
No there is no form for filing a first appeal (but some state
governments have prescribed a form). Draft your appeal
application on a blank sheet of paper addressed to the First
Appellate Authority. Remember to attach a copy of your original
application and a copy of the reply in whatever form (if received)
from the PIO.
Do I have to pay a fee for the first appeal?
No. You are not required to pay any fee for the first appeal.
However, some state governments have prescribed a fee.
In how many days can I file my first appeal?
You can file your first appeal within 30 days of receipt of
information or within 60 days of filing RTI application (if no
information received).
What if I do not receive the information after the first appeal

63
process?
If you do not receive information even after the first appeal then
you can take the matter forward to the second appeal stage.
What is a second appeal?
A second appeal is the last option under the RTI Act to get the
information requested. You can file second appeal with the
Information Commission. For appeals against Central
Government Departments, you have Central Information
Commission (CIC). For every state Government, there is a State
Information Commission.
Is there a form for the second appeal?
No there is no form for filing a second appeal (but some state
governments have prescribed a form for second appeal too). Draft
your appeal application on a normal sheet of paper addressed to
the Central or State Information Commission. Carefully read the
appeal rules before drafting your second appeal. Your second
appeal application can be rejected if it does not comply with the
appeal rules.
Do I have to pay a fee for the second appeal?
No. You are not required to pay any fee for the second appeal.
However, some states have prescribed a fee for that.
In how many days can I file my second appeal?
You can file your second appeal within 90 days of disposal of first
appeal or within 90 days of the date, by when first appeal was to be
decided.
How does this law help me in getting my work done?
How does this law work so effectively for pending works i.e. why is
it that the government officials end up doing your work which they
were not doing earlier?
Illustrative Case Study
Let us take the case of Nazir. He was not being given his ration
card. But when he applied under RTI, he was given a card within a
week. What did Nazir ask? He asked the following questions:

64
 1. I filed an application for a duplicate ration card on 27th
January 2004. Please tell me the daily progress made on
my application so far. i.e. when did my application reach
which officer, for how long did it stay with that officer
and what did he/she do during that period?
2. According to the rules, my card should have been made in
10 days. However, it is more than three months now.
Please give the names and designations of the officials
who were supposed to take action on my application and
who have not done so?
3. What action would be taken against these officials for not
doing their work and for causing harassment to the
public? By when would that action be taken?
4. By when would I get my card now?
In normal circumstances, such an application would be thrown in a
dustbin. But this law says that the Government has to reply in 30
days. If they don't do that, their salary could be deducted. Now, it is
not easy to answer these questions.
The first question is – please provide the daily progress made on my
application.
There is no progress made. But the government officials cannot
write in these many words that they have not acted for so many
months. Else that would be admission of guilt on paper.
The next question is – please provide the names and designations
of the officers who were supposed to take action on my application
and who had not done so.
If the government provides names and designations of the
officials, their responsibility gets fixed. Any officer is most scared
of fixing of responsibility against him in this manner. So, the
moment one files such an application, his/her pending work is
done.
What should I do after getting information?
There cannot be one answer for that. It depends on why you asked
for that information and what type of information is it. Often a lot

65
of things start falling in place just by asking for information. For
instance, you would get your passport or a ration card just by your
asking for the status of your application. In many cases, roads got
repaired as soon as the money spent on its repairs in the last few
repairs was asked. So, seeking information and questioning the
government is an important step, which in itself is complete in
many cases.
But suppose you expose some corruption or wrongdoing using
RTI. Then, you can complain to vigilance agencies, CBI or even file
an FIR. But it is seen that the Government does not take any action
against the guilty even after repeated complaints. Though one can
keep up the pressure on vigilance agencies by seeking to know the
status of complaints under RTI, however, the wrongdoings can
also be exposed through media. However, experience has not been
very encouraging at getting guilty punished. But one thing is
certain. Seeking information like this and exposing wrongdoings
does improve the future. The officials get a clear message that the
people of that area have become alert and any wrongdoings in
future would not remain hidden as they were in the past. So, their
risks of getting caught increase.
Won't I be victimized if I used RTI?
Have people been victimized who used RTI and exposed
corruption?
Yes, there have been some instances where people were physically
harmed when they sought information which exposed large scale
corruption. But this does not mean that every applicant faces such
a threat. Filing application to seek status of your grievance or for
knowing other similar routine matters does not invite any
retaliation. It is only when information is likely to expose
bureaucratic-contractor nexus or any kind of mafia that there
could be a possibility of retaliation.
Then why should I use RTI?
The entire system has become so rotten that if all of us individually
and together do not do our bit, it will never improve. If we don't do
it, who will? Therefore, we have to act. But we should do that with a
strategy and minimize risks. And with experience, there are some

66
safeguards and strategies available.
What are these strategies?
Please go ahead and file RTI application for any issue in the first
instance. Normally, anyone would not attack you immediately.
They would first try to cajole you or win you over. So, the moment
you file any inconvenient application, someone would approach
you very politely to request you to withdraw that application. You
should gauge the seriousness or the potential of the person
approaching you. If you consider it to be serious enough, ask 15 of
your friends to immediately apply to the same public authority
asking for same information. It would be better if these 15 friends
were from different part of India. Now, it would be most difficult
for anyone to target all of your 15 friends all across the country.
And if they threaten anyone from amongst the 15, let more people
file similar applications. Your friends from other parts of India can
file their applications by post. Try and give it wide media publicity.
This will ensure that you will get the requisite information, and you
would have sufficiently minimized risks.
Government records are not in proper shape. How could RTI
be implemented?
RTI would force the system to start maintaining records properly
now. Else the officials would face a penalty under the Act
Applications seeking voluminous information should be
rejected?
If I seek for some information, which runs into a lakh of pages, I
would do that only if I need it because I will have to pay Rs 2 lakhs
for that.This is an automatic deterrent. If application were rejected
only on this account, the applicant could break his application and
file 1000 applications seeking 100 pages through each application,
which would not benefit anyone. Therefore, applications should
not be rejected only on this pretext.
People should be allowed to seek information only about
themselves. They should not be allowed to ask questions about
other spheres of governance, totally unrelated to the.
Sec 6(2) of RTI Act clearly says an applicant cannot be questioned

67
why he/she were asking for any information. In any case, RTI
flows from the fact that people pay taxes, This money belongs to
them and therefore, they have a right to know how their money
were being spent and how they were being governed. So, people
have a right to know everything about every sphere of governance.
They may or may not be directly related to the matter. So, even a
person living in Delhi can ask for any information from say, Tamil
Nadu.
RTI Application for cases of a pending work in Govt.
Department
(This is how your RTI application would look like)

Public Information Officers

(Name of the Department)
(Office)
(Address) Date:

Sub: Application under the RTI Act, 2005

Sir,
I had made an application for the following reason (copy of
application is attached) but no satisfactory action has been taken on
my application so far.
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
Please provide the following information with respect to the same:
1. Please provide the daily progress made on my application.
2. Please give the names and designations of the officials with
whom my application was lying during this period. Please
intimate the periods when it was lying with which officer
and what was the action taken by that official during that
period.

68
 3. According to your rules or citizens charter or any other
order, in how many days should such a matter be dealt with
and resolved. Please provide a copy of these rules.
4. The above officials have not adhered to the time limit
mentioned in these rules. What action would be taken
against these officials for violating the above rules and for
causing mental agony to the public? By when this action
would be taken?
5. By when will my problem be resolved now?
I am depositing the application fee (Rs.10/-) separately/
(Or) I am a BPL card Holder, So, I am exempt from payment of
fees. My BPL card no. is:…./

Thank you
Name
Address

How to Locate your PIO

Each Public Authority that comes under purview of the Right to
Information Act 2005 is bound to designate one Public
Information officer in order to provide information under the Act.
You RTI Application should be submitted with this PIO or
Assistant PIO only.
Step 1: If you do not know the details of your PIO, you may get
help from following websites:
For Delhi Government Departments
http://delhigovt.nic.in/rti/search_pio.asp
Central Government Departments
http://www.rti.gov.in/
Step 2: If you are still at a loss, don't worry. Do you know the
address of the head of the Department from whom you
want information? If yes, you could write the address of
the PIO as:

69
 Public Information Officer (PIO),
C/o (Head of the Department and his address)
According to the law, you can file your application with any PIO in
the same Department. It is his duty to forward it to the right PIO.
Even if you file your application with a PIO in a totally different
Government Department, the receiving PIO is required to forward
it to the right PIO u/s 6(3) of RTI Act. He has to do this within 5
days of receipt of your application, as per sec 6(3) of the Act. In
that case you should get a reply in 35 days rather than 30 days.
Step 3: If the Department concerned is a central Government
Department, then you don't need to find the PIO. 629
post offices across the country (list of these post offices
with addresses is available on the website
http://www.indiapost.gov.in/rtimanual16a.html have
been designated by the Central Government to accept
RTI applications for any Central Govt Department. Just
go to the nearest designated post office with your
application form. They will tell you your PIO, accept your
fee along with the form and issue you a receipt.
How to submit RTI fees
RTI Fee structure of different states

Name of Application Mode of Photocopy Appeal

Form Payment Charges
the State Fee Fee
Cash/Demand Draft Rs. 2/- per
Central Govt.
Rs. 10/- No /Banker's Cheque/ A4/A3 paper No
& UTs
Postal order
No fee at
Village level;
Rs. 5/- at Cash/Demand Draft Rs. 2/- per
Andhra
Mandal level; No /Banker's Cheque A4/A3 paper No
Pradesh
Rs. 10/- for
other public
authorities
Arunachal No Fee for Rs. 2/- per
Yes Treasury Challan Rs. 50/-
Pradesh Application page
Rs. 2/- per
Cash/Demand Draft A4/A3 paper;
Assam Rs. 10/- No /Banker's Cheque/ Actual cost No
Postal order for larger
paper

70
 Cash/Demand Draft
- /Banker's Cheque/ Rs. 2/- per
Bihar Rs. 10/- Rs. 10/-
non-judicial stamp/ A4/A3 paper
Postal order
Cash/
Rs. 2/- per
Chhattisgarh Rs. 10/- No Treasury Challan/ No
A4/A3 paper
Non-Judicial Stamp
Rs. 20/- Cash wherever
Rs. 10/- per
(electronic facility for cash
A4/A3 paper;
applications- - receipt is available
Gujarat Actual cost No
fees to be or Demand Draft/
for larger
submitted Pay Order/
paper
within 7 days) non-judicial stamp
Rs. 2/- per
Goa Rs. 10/- No Court fee stamp No
A4/A3 paper

- Rs. 10/- per

Haryana Rs. 50/- Cash No
A4/A3 paper
Cash/ Rs. 10/- per
Himachal
Rs. 10/- Yes Treasury Challan/ No
Pradesh A4/A3 paper
Postal order
Rs. 2/- per
Cash/Demand Draft A4/A3 paper;
Jharkhand Rs. 10/- No /Banker's Cheque Actual cost No
/Postal Order for larger
paper
Postal order/
Demand draft/
Banker's Cheque/
Pay Order drawn in
favour of SPIO/ Rs. 2/- per
Karnataka Rs. 10/- Yes No
in cash/or by A4/A3 paper
remitting it to the
Treasury as per the
Karnataka Financial
Code
Rs. 2/- per
Kerala Rs. 10/- No Court Fee Stamp No
A4/A3 paper
Rs. 50/-
Rs. 10/- per for First
Cash / application Appeal;
Madhya
Rs. 10/- Yes Non-judicial stamp proactive
Pradesh Rs. 100/-
disclosure for Second
information Appeal
Cash/Demand Draft/
Rs. 2/- per
Maharashtra Rs. 10/- Yes Banker's Cheque/ Rs. 20/-
A4/A3 paper
Court fee stamp
Rs. 2/- per
Manipur Rs. 10/- No Indian postal Order Rs. 20/-
A4/A3 paper

71
 Cash /
No Rs. 2/- per
Meghalaya Rs. 10/- Demand Draft/ No
A4/A3 paper
Banker's Cheque
Cash/Treasury
Rs. 2/- per
Mizoram Rs. 10/- No Challan/Postal order No
A4/A3 paper
/Demand Draft
Cash/Demand Draft Rs. 2/- per
Nagaland Rs. 10/- No No
/Banker's Cheque A4/A3 paper
Rs. 20/-
Rs. 2/- per
for First
Cash/ A4 paper;
Appeal;
Orissa Rs. 10/- Yes Treasury Challan/ Rs. 10/- per
Rs. 25/-
Postal Order A4 Computer
for Second
print
Appeal
Rs. 2/- per
A4/A3 paper;
Cash/Demand Draft
Punjab Rs. 10/- Yes Actual cost No
/Banker's Cheque
for larger
paper
Cash/Demand Draft Rs. 2/- per
Rajasthan Rs. 10/- No No
/Banker's Cheque A4/A3 paper
Money order/
Cheque/
Demand Draft/ Rs. 10/- per
Sikkim Rs. 100/- No Treasury Challan in Rs. 100/-
A4/A3 paper
the name of following
head: "Major Head
0070.OAS (E) RTI Fee"
Cash/Demand Draft Rs. 2/- per
Tamilnadu Rs. 50/- No No
/Banker's Cheque A4/A3 paper
Rs. 2/- per
Tripura Rs. 10/- No Cash No
A4/A3 paper
Cash/Postal Order/
Demand Draft/
Banker's Cheque/
Treasury Challan in
the name of
following head:
Uttar "0070 Annya Rs. 2/- per
Rs. 10/- No No
Pradesh Prashasanik Sevaien, A4/A3 paper
60 Annya Sevaien,
800 Annya Praptiyan,
II- Suchana ka
Adhikar Adhiniyam
2005 ke Krianyan se
Prapta Shulka”

72
 Cash/Demand Draft
/Banker's Cheque/
Treasury Challan/ Rs. 2/- per
Uttarakhand Rs. 10/- No No
Postal Order/ A4/A3 paper
Non-judicial stamp

Rs. 2/- per

West Bengal Rs. 10/- No Court fee stamp No
A4/A3 paper

73
74
 PART FOUR

Whom to approach/Organizations/Individuals
to be contacted

75
76
 Part Four:
Whom to approach/Organizations/Individuals
to be contacted:
This part contains a catalogue of Government agencies that can be approached
for making the case of the victim. The list of the important web links and active
civil and human rights individuals is annexed in the end.
A. The National Human Rights Commission (NHRC)
Format for filing a complaint with the NHRC
A. COMPLAINANT'S DETAILS
1. Name
2. Sex Male Female
3. State
4. Full Address
5. District
6. Pin Code
B. INCIDENT DETAILS
1. Incident Place(Village/Town/City)
2. State
3. District
4. Date of Incident
C. VICTIM'S DETAILS
1. Name of the victim
2. No. of victims
3. State
4. Full Address
5. District
6. Pin Code
7. Religion
8. Caste

77
 9. Sex
10. Age
11.Whether Disabled (SC/ST/OBC/General) person
D. Brief summary of facts/allegations of human rights
involved
E. Whether complaint is against Members of Armed
Forces/ Para-Military
Yes /No
F. Whether similar complaint has been filed before any Court/
State Human Rights Commission
G. Name, designation & address of the public servant against
whom Complaint is being made
H. Name, designation & address of the authority/officials to
whom the public servant is answerable
I. Prayer/ Relief if any, sought

Guidelines on how to file complaint with the NHRC

1. Complaint may be made to the Commission by the victim
or any other person on his behalf.
2. Complaint should be in writing either in English or Hindi
or in any other language included in the eighth schedule
of the Constitution. Only one set of complaint needs to
be submitted to the Commission.
3. Complaint may be sent either by Post or Faxed at Nos. 91-
11-23382911/ 23382734 or through e-mail
covdnhrc@nic.in
4. No fee is chargeable on such complaints.
5. The complaint shall disclose i) violation of human rights
or abetment thereof or; (ii) negligence in the prevention
of such violations, by a public servant.
6. The jurisdiction of the Commission is restricted to the
violation of human rights alleged to have been

78
 committed within one year of the receipt of complaint by
the Commission.
7. Documents, if any enclosed in support of the allegations
in the complaint must be legible.
8. Name of the victim, his/ her age, sex, religion/ caste,
State and District to which the incident relates, incident
date etc. should invariably be mentioned in the complaint.
9. Please submit the complaint preferably in the enclosed
format.
10. Following types of Complaint(s) are not ordinarily
entertainable:
i. Illegible
ii. Vague, anonymous or pseudonymous;
iii. Trivial or frivolous in nature;
iv. The matters which are pending before a State
Human Rights Commission or any other
Commission;
v. Any matter after the expiry of one year from the date
on which the act constituting violation of human
rights is alleged to have been committed;
vi. Allegation is not against any public servant;
vii. The issue raised relates to civil dispute, such
property rights, contractual obligations, etc;
viii. The issue raised relates to service matters;
ix. The issue raised relates to labour/industrial disputes;
x. Allegations do not make out any specific violation of
human rights;
xi. The matter is sub-judice before a Court/ Tribunal;
xii. The matter is covered by judicial verdict/decision of
the Commission.
11. As far as possible complainants are encouraged to make

79
 use of the format given above to file their complaints.
The guidelines indicate the kind of information, which
would facilitate in processing a complaint.
Understanding the National Human Rights Commission
1. How are human rights defined in the Protection of
Human Rights Act, 1993?
In terms of Section 2 of the Protection of Human Rights Act,
1993 (hereafter referred to as 'the Act'), "human rights" means the
rights relating to life, liberty, equality and dignity of the individual
guaranteed under the Constitution or embodied in the
International Covenants and enforceable by courts in India.
"International Covenants" means the International Covenant on
Civil and Political Rights and the International Covenant on
Economic, Social and Cultural Rights adopted by the General
Assembly of the Unitednations on the 16th December, 1966 .
2. What functions have been assigned to the Commission
under the Act ?
The Commission shall, perform all or any of the following
functions, namely:-
a) Inquire, on its own initiative or on a petition presented to it
by a victim or any person on his behalf,into complaint of-
i) violation of human rights or abetment or
ii) negligence in the prevention of such violation,by a
public servant;
b) intervene in any proceeding involving any allegation of
violation of human rights pending before a court with the
approval of such court;
c) visit, under intimation to the State Government, any jail or
any other institution under the control of the State
Government, where persons are detained or lodged for
purposes of treatment, reformation or protection tostudy
the living condition of the inmates and make
recommendations thereon ;
d) review the safeguards by or under the Constitution or any

80
 law for the time being in force for the protection of human
rights and recommend measures for their effective
implementation;
e) review the factors, including acts of terrorism that inhibit
the enjoyment of human rights and recommend
appropriate remedial measures;
f) study treaties and other international instruments on
human rights and make recommendations for their
effective implementation;
g) undertake and promote research in the field of human
rights;
h) spread human rights literacy among various sections of
society and promote awareness of the safeguards available
for the protection of these rights through publications, the
media, seminars and other available means;
i) encourage the efforts of non - Governmental organizations
and institutions working in the field of human rights;
j) such other functions as it may consider necessary for the
promotion of human rights.
3. What powers have been vested with the Commission
relating to inquiries?
While inquiring into complaints under the Act, the Commission
shall have all the powers of a civil court trying a suit under the Code
of Civil Procedure, 1908, and in particular the following, namely;
a) Summoning and enforcing the attendance of witnesses and
examining them on oath;
b) discovery and production of any document;
c) receiving evidence on affidavits;
d) requisitioning any public record or copy thereof from any
court or office;
e) issuing commissions for the examination of witnesses or
documents;
f) any other matter which may be prescribed.

81
4. Does the Commission have its own investigation team?
Yes, the Commission has its own investigating staff headed by a
Director General of Police for investigation into complaints of
human rights violations. Under the Act, it is open to the
Commission to utilise the services of any officer or investigation
agency of the Central Government or any State Government. The
Commission has associated, in a number of cases, non -
Governmental organizations in the investigation work.

5. Is the Commission Autonomous?

Yes, the autonomy of the Commission derives, inter-alia, from the
method of appointing its Chairperson and Members, their fixity of
tenure, and statutory guarantees thereto, the status they have been
accorded and the manner in which the staff responsible to the
Commission - including its investigative agency – will be appointed
and conduct themselves. The financial autonomy of the
Commission is spelt out in Section 32 of the Act.
The Chairperson and Members of the Commission are appointed
by the President on the basis of recommendations of a Committee
comprising the Prime Minister as the Chairperson, the Speaker of
Lok Sabha, the Home Minister, the leaders of the opposition in the
Lok Sabha and Rajya Sabha and the Deputy Chairman of the Rajya
Sabha as Members.

6. How does the Commission inquire into complaints?

The Commission while inquiring into complaints of violations of
human rights may call for information or report from the Central
Government or any State Government or any other authority or
organization subordinate thereto within such time as may be
specified by it; provided that if the information or report is not
received within the time stipulated by the Commission, it may
proceed to inquire into the complaint on its own; on the other
hand, if, on receipt of information or report, the Commission is
satisfied either that no further inquiry is required or that the
required action has been initiated or taken by the concerned
Government or authority, it may not proceed with the complaint
and inform the complainant accordingly.

82
7. What steps are open to the Commission after inquiry?
The Commission may take any of the following steps upon the
completion of an inquiry:
1) Where the inquiry discloses the commission of violation of
human right or negligence in the prevention of violation of
human rights by a public servant, it may recommend to the
concerned Government or authority theinitiation of
proceedings for prosecution or such other action as the
Commission may deem fit against the concerned person or
persons;
2) Approach the Supreme Court or the High Court concerned
for such directions, orders or writs as that Court may deem
necessary;
3) Recommend to the concerned Government or authority
for the grant of such immediate interim relief to the victim
or the members of his family as the Commission may
consider necessary.
8. What procedure is prescribed under the Act with respect
to armed forces?
The Commission may on its own motion or on the basis of
petitions made to it on allegations of human rights violations by
armed forces, seek a report from the Central Government. On
receipt of the report, it may either not proceed with the complaint
or, as the case may be, make its recommendations to the
Government. According to the Act, the Central Government shall
inform the Commission of the action taken on the
recommendations within three months or such further time as the
Commission may allow.
It is further stipulated that the Commission shall publish its report
together with its recommendations madeto the Central
Government and the action taken by that Government on such
recommendations. A copy of the report so published will also be
given to the petitioner.
9. Can the complaint be in any language?
They may be in Hindi, English or in any language included in the

83
Eighth Schedule of the Constitution. The complaints are expected
to be self contained. No fee is charged on complaints. The
Commission may ask for further information and affidavits to be
filed in support of allegations whenever considered necessary.
The Commission may in its discretion, accept telegraphic
complaints and complaints conveyed through FAX or by e-mail.
Complaints can also be made on the mobile telephone number of
the Commission.
10. What kind of complaints are not entertained by the
Commission ?
Ordinarily, complaints of the following nature are not entertained
by the Commission:
a) In regard to events which happened more than one year
before the making of the complaints;
b) With regard to matters which are sub-judice;
c) Which are vague, anonymous or pseudonymous;
d) Which are of frivolous nature;
e) Which pertain to service matters.
11. What is the responsibility of the authority/State/Central
Governments to which reports / 12. recommendations
have been send by the Commission?
The authority/State Government/Central Government has to
indicate its comments/action taken on the report/
recommendations of the Commission within a period of one
month in respect of general complaints and within three months in
respect of complaints relating to armed forces.
What are the kinds of issues on which complaints have been
received?
Since its inception, the Commission has handled a variety of types
of complaints. In the latest period, the major types of complaints
have been:
« In respect of police administration
« Failure in taking action
« Unlawful detention

84
 «
False implication
«
Custodial violence
«
llIegal arrest
«
Other police excesses
«
Custodial deaths
«
Encounter deaths
«
Harassment of prisoners; jail conditions
«
Atrocities on SCs and STs
«
Bonded labour, child labour
«
Child marriage
«
Communal violence
«
Dowry death or its attempt; dowry demand
«
Abduction, rape and murder
«
Sexual harassment and indignity to women, exploitation of
women
Numerous other complaints which cannot be categorized, have
also been taken up .

What has been focus of the Commission's Working?

Inquiring into complaints is one of the major activities of the
Commission. In several instances individual complaints have led
the Commission to the generic issues involved in violation of
rights, and enabled it to move the concerned authorities for
systemic improvements.
However, the Commission also actively seeks out issues in human
rights which are of significance, either suo motu, or when brought
to its notice by the civil society, the media, concerned citizens, or
expert advisers. Its focus is to strengthen the extension of human
rights to all sections of society, in particular,the vulnerable groups.
The Commission's purview covers the entire range of civil and
political, as well as economic, social and cultural rights. Areas facing
terrorism and insurgency, custodial death, rape and torture, reform
of the police, prisons, and other institutions such as juvenile
homes, mental hospitals and shelters for women have been given

85
special attention. The Commission has urged the provision of
primary health facilities to ensure maternal and child welfare
essential to a life with dignity, basic needs such as potable drinking
water, food and nutrition, and highlighted fundamental questions
of equity and justice to the less privileged, namely the Scheduled
Castes and Scheduled Tribes and the prevention of atrocities
perpetrated against them. Rights of the disabled, access to public
services, displacement of populations and especially of tribal's by
mega projects, food scarcity and allegation of death by starvation,
rights of the child, rights of women subjected to violence, sexual
harassment and discrimination, and rights of minorities, have been
the focus of the Commission's action on numerous occasions.

What are its major initiatives?

¦
Civil Liberties
¦
Review of statutes, including Terrorist & Disruptive
Activities Act, and (draft) Prevention of Terrorism Bill
¦
Protection of human rights in areas of insurgency and
terrorism
¦
Guidelines to check misuse of the power of arrest by the
police
¦
Setting up of Human Rights Cells in the State/City Police
Headquarters
¦
Steps to check custodial deaths, rape and torture
¦
Accession to the Convention against Torture, Additional
Protocols to the Geneva Conventions.
¦
Discussion on adoption of a Refugee Law for the country
¦
Systemic reforms of police, prisons and other centers of
detention
¦
Visit to Jails, mental hospitals and similar other institutions
¦
Review of laws, implementation of treaties, and the
international instruments on human rights
¦
Economic, Social & Cultural Rights

86
¦
Elimination of bonded labour and child labour Issues
concerning Right to Food
¦
Prevention of maternal anaemia and congenital mental
disabilities In the child
¦
Human Rights of persons affected by HIV/AIDS
¦
Public Health as a human rights issue
¦
Rights of the vulnerable groups
¦
Rights of women and children, minorities, scheduled castes
and scheduled tribes
¦
People displaced by mega projects
¦
People affected by major disasters such as the super-cyclone
in Orissa and the earthquake in Gujarat.
¦
Monitoring the functioning of the Mental hospitals at
Ranchi, Agra and Gwalior, and the Agra
¦
Protection Home, under a Supreme Court remit.
¦
Action Research on Trafficking
¦
Promotion and protection of the rights of the disabled.
¦
Rights of Denotified and nomadic tribes
¦
Welfare of the destitute widows of Vrindavan
¦
Elimination of manual scavenging
¦
Promotion of human rights literacy and awareness in the
educational system and more widely in society.
¦
Human rights training for the armed forces and police,
public authorities, civil society, and students
¦
Research through well-known academic institutions and
NGOs on various issues relating to human rights
¦
Publication of Annual Report, monthly Newsletter, Annual
Journal, and research studies
¦
Consultation with NGOs and experts/specialists on
Human Rights Issues

87
What is the composition of the Commission?
Hon'ble Justice Shri S. Rajendra Babu Chairperson
Hon'ble Justice Shri G.P. Mathur Member
Hon'ble Justice Shri B.C. Patel Member
Vacant Member
Shri P.C.Sharma Member
Chairperson, National Commission Ex-officio Member
for Minorities
Chairperson, National Commission Ex-officio Member
for Scheduled Castes and
Scheduled Tribes
Chairperson, National Commission Ex-officio Member
for Women
The Chief Executive Officer of the Commission is its Secretary
General 'Shri A.K. Jain',
Director General (Investigation) is 'Shri Sunil Krishna' and
Registrar (Law) is 'Shri A.K. Garg'.
State Human Rights Commissions The Protection of Human
Rights Act, 1993 makes provisions for the establishment of State
Human Rights Commissions, 14 States have already set up such
bodies.
Where is the Commission located and what are its contact
numbers?
National Human Rights Commission
Faridkot House,
Copernicus Marg, New Delhi - 110 001.
Facilitation Centre (Madad): (011) 23385368
Mobile No. 9810298900 (For complaints-24 hrs.)
Fax: (011) 23386521 (complaints)/23384863 (Administration)/
23382734 (Investigation)
Email: covdnhrc@nic.in (General)/ jrlaw@nic.in (For complaints)
resnhrc@nic.in (Research Division)
Web site: www.nhrc.nic.in

88
Demonstration of the web page: Format for filing online
complaints
Online Complaint Registration Form
Kindly enter the details of your complaint.

Your details
Name Sex [Select Sex]

Address

State [Select State] PIN

District [Select District]

E-mail Mobile
Self
Victim's details
Name No. of Victims
Address

State [Select State] Sex [Select Sex] Religion [Select State]

District [Select District] Disability [Select Disbility] Caste [Select District]

PIN Age
Victim's details
Place State [Select State]

Incident Date (dd/mm/yyyy) District [Select District]

Incident Category
Is it filed before any Court/
Sub Category State Human Rights
Commission?
Write Complaint
No

Relief details
Pray/Relief
sought

89
Name,
Designation &
Address of the
public servant

Update Cancel

Contact Details of State Human Rights

Commissions
ANDHRA PRADESH STATE HUMAN RIGHTS
COMMISSION
"GRUHAKALPA" Complex, M.J. ROAD, Nampally,
HYDERABAD-500001
STD: 040 Fax: 24601573
E-Mail: aphumanrights@ap.nic.in
Web: http://www.shrc.ap.gov.in/

ASSAM STATE HUMAN RIGHTS COMMISSION

STATFED HO Building, Bhangagarh, Guwahati,
Pin - 781 005 (Assam)
PHONE (+91 361) 2529450, 2527076, 2452387, 2457369
FAX (+91 361) 2529450,
EMAIL: secy-ahrc@nic.in, chairperson_hphrc@yahoo.com
Web: www.ahrc.gov.in

BIHAR HUMAN RIGHTS COMMISSION

9,BAILEY ROAD, PATNA, BIHAR STD: 0612 Fax: 2232280

JAMMU & KASHMIR STATE HUMAN RIGHTS

COMMISSION
DAWN BUILDING, DALGATE, SRINAGAR-119001

KARNATAKA STATE HUMAN RIGHTS COMMISSION

4th FLOOR, 5th PHASE, MULTISTOREYED BUILDING,
BANGALORE-560 001.
STD: 080-22392200 Fax: 080-22392206, 22392207

90
KERALA HUMAN RIGHTS COMMISSION
ARKA NILAYAM, M.P.APPAN ROAD, VAZHUTHACAUD
TRIVANDRUM -14
PH. 0471-2337263, FAX 0471-2337148
E-Mail: kshrctvpm@vsnl.net
Web: www.kshrc.kerala.gov.in

MADHYA PRADESH HUMAN RIGHTS COMMISSION

Paryavas Bhawan, Block-I, Jail Road, Bhopal (M.P.)
PBX: 0755-2572034 Fax: 2574028
Tollfree: 1800-2336399
E- mail:- mphrc@sancharnet.in
Web: http://www.mphrc.nic.in/

MAHARASHTRA HUMAN RIGHTS COMMISSION

9, Hajarimal Somani Marg,
Near Chhatrapati Shivaji Terminus (VT), Mumbai - 400001
Ph No : 91 22 22034233 Fax : 91 22 2209 1804
Email : secretary.mshrc@maharashtra.gov.in
Web: http://mshrc.maharashtra.gov.in/

MANIPUR STATE HUMAN RIGHTS COMMISSION

COURTS COMPLEX, LAMPHEL, IMPHAL -795004
STD: 0385 Fax: 2410472
E-Mail: mhrc@man.nic.in

ORRISA STATE HUMAN RIGHTS COMMISSION

Toshali Plaza Complex (2nd Floor), Satya Nagar, P.O. Saheed
Nagar, Bhubaneswar-751007, Orissa
STD: 0674 Fax: 2564333/2390563

PUNJAB STATE HUMAN RIGHTS COMMISSION

SCO NO. 20-21-22, SECTOR 34A, CHANDIGARH 160 034
Ph. : 91-172-3029610, 91-172-3029611, Fax 91-172-3029666
Email: pshrc.chd@gmail.com
Web: http://www.pshrc.net/

91
RAJASTHAN STATE HUMAN RIGHTS COMMISSION
102, 120 - A, S. S. O. Building, Secretariat, Jaipur
Phone: 0141-2227868 Fax: 2227738
E-Mail: rshrc@raj.nic.in
Web: http://rshrc.nic.in/
STATE HUMAN RIGHTS COMMISSION, TAMIL
NADU
Thiruvarangam
143, P.S. Kumarasamy Raja Salai, (Greenways Road)
Chennai 600 028, Tamilnadu.
Phone : 91-44-2495 1484, Fax : 91-44-2495 1484
E-mail : shrc@tn.nic.in
Web: http://www.shrc.tn.nic.in
UTTAR PRADESH HUMAN RIGHTS COMMISSION
4/44 Vishal Khand, Gomti Nagar, Lucknow - 226010
STD: 0522 Fax: 2304513
E-Mail: uphrclko@yahoo.co.in
WEST BENGAL HUMAN RIGHTS COMMISSION
BHABANI BHAVAN, ALIPORE, KOLKATA-27
Phone No. 91-33-24797727/1629 Fax: 24799633
E-Mail: wbhrc@cal3.vsnl.net.in
Web: www.wbhrc.nic.in

THE NATIONAL AND THE SATE

COMMISSION FOR MINORITIES
Extracts from the Prime Minister's fifteen Point Program
(D) Prevention & Control of Communal Riots
(13) Prevention of communal incidents
In the areas, which have been identified as communally
sensitive and riot prone districts and police officials of
the highest known efficiency, impartiality and secular
record must be posted. In such areas and even

92
 elsewhere, the prevention of communal tension
should be one of the primary duties of the district
magistrate and superintendent of police. Their
performance in this regard should be an important
factor in determining their promotion prospects.
(14) Prosecution for communal offences
Severe action should be taken against all those who
incite communal tension or take part in violence.
Special court or courts specifically earmarked to try
communal offences should be set up so that offenders
are brought to book speedily.
(15) Rehabilitation of victims of communal riots.
Victims of communal riots should be given immediate
relief and provided prompt and adequate financial
assistance for their rehabilitation.

Contact Details of State Minority Commissions

List of State Minorities Commissions
Sl. State Chairperson Address Tel. No. Fax. No.
No.
1 Andhra Mr. Yousuf A.P. State 040- 040-
Pradesh Qureshi Minorities 23453078 23453206
(Statutory Commission 23453206
Commission) Room No. 301,
A-Block,
Secretariat Bldg.
Hyderabad –
500 022.
2 Assam Vacant Assam State O361- 0361-
(Non- Minorities 2341026, 205992
Statutory) Commission, 9864097070
Assam Sectt.
Sujata
Apartments,
Christian Basti
Guwahai –
781 006.

93
3 Bihar Sh. Naushad Bihar State 0612- 0612-
(Statutory) Ahmad Minorities 2213595(O) 2213706
Commission 2236742
Barrack No. 7, 0612-
Old Secretariat, 2320864(R)
Patna – 300 015.
4 Chhattisgarh Haji Inayat Chhattisgarh 0771- 0771-
(Statutory) Ali Minorities 2424807 2424807
Commission C- 2424809(O) 2424809
186, Shailendra 9425203377
Nagar Raipur (M)
(C.G.) – 492 001.
5 Delhi Sh. Kamal Delhi State 011 011
(Statutory) Faruqui Minorities 23370825, 23378752
Delhi State Commission1st 23384950
Minorities Floor, C-Block
Commission Vikas Bhawan,
Act, 1999 New Delhi.
6 Jharkhand Vacant Jharkhand 0651- 0651-
(Statutory) Minorities 2403951, 2403952
Commission 2403215(O) 2403630
Ranchi 2441586
Sh. Haque,
Dy Secy
9431108613
7 Karnataka Vacant Karnataka State 080- 080-
(Statutory) Minorities 2286 4204 2286 3282
Commission 2286 3400
5th Floor,
Vesveshwariah
Tower(M)
Dr.B.R.Ambedkar
Veedhi, Bangalore
– 560 001
8 Madhya Vacant M.P. State 0755- 0755-
Pradesh Minorities 5292464, 5292463
(Statutory) Commission 5292401
E-Block, Old (O)
Secretariat, 5292402 ®
Bhopal – 462 011 9826089241
9 Maharashtra Sh. Mohd. Maharashtra State 022-
(Non- Naseem Min Commission, 22610156,
Statutory) Siddiqui Behind J. J. School 22650085
of Arts,
Badruddin Tayabji
Marg, Near C.S.T.
Mumbai – 1.

94
10 Manipur Shri Abdul Manipur State 0385-
(Non- Halim Minorities 2229665(O)
Statutory) Choudhury Commission 3rd 2220198
Floor, Ministers' 2221946
Block, Room
No.106 & 107,
Secretariat
Building, Imphal
(Manipur).
11 Rajasthan Sardar Rajasthan State 0141- 0141-
(Statutory) Jasvir Singh Minorities 2227100(O) 2227437
Commission 2227437 Tel-fax
Room No. 321, S
S Bhawan
Secretariat Jaipur
– 302 001

12 Tamil Nadu Rev. Fr. Tamil Nadu State 044-

(Non- Vincent Minorities 24660150
Statutory) Chinnadurai Commission, 24991344
150, Luz Church
Road, Santhorne
Communications
Centre,
P. B. No. 6154
Chennai–600018
13 Uttar Sh. U.P. State 0522-
Pradesh Ghayasuddin Minorities 2287097
(Statutory) Kidwai Commission
601,Indira
Bhawan Lucknow
– 226 001
14 Uttarakhand Sardar Uttaranchal State 0135
(Statutory) Harvinder Minorities 2671201
Singh Virk Commission,
14/1, Laxmi
Road, Dehradun
15 West Bengal Dr Syed . West Bengal 033- 033-
(Statutory) Sajjad Zaheer Minorities 2439887(O) 24398592
Adnan Commission, 2479 2894-
34/IE, Lower 2895
Range, Kolkatta- 9830216148

95
National Commission for Women
The National Commission for Women was set up as statutory body
in January 1992 under the National Commission for Women Act,
1990 (Act No. 20 of 1990 of Govt.of India ) to :
¦
review the Constitutional and Legal safeguards for women ;
¦
recommend remedial legislative measures ;
¦
facilitate redressal of grievances and
¦
advise the Government on all policy matters affecting
women.
THE MANDATE OF THE COMMISSION
Under SECTION 10 of the National Commission for Women
Act, 1990 (Act No. 20 of 1990 of Govt. of India) the Commission
performs number of functions. These functions are summarized
below:
a. investigate and examine all matters relating to the
safeguards provided for women under the Constitution and
other laws;
b. present to the Central Government, annually and at such
other times as the Commission may deem fit, reports upon
the working of those safeguard;
c. make in such reports recommendations for the effective
implementation of those safeguards for the improving the
conditions of women by the Union or any state;
d. review, from time to time, the exiting provisions of the
Constitution and other laws affecting women and
recommend amendments thereto so as to suggest remedial
legislative measures to meet any lacunae, inadequacies or
shortcomings in such legislations;
e. take up cases of violation of the provisions of the
Constitution and of other laws relating to women with the
appropriate authorities;
f. look into complaints and take suo moto notice of matters
relating to:-

96
 i. deprivation of women's rights;
ii. non-implementation of laws enacted to provide
protection to women and also to achieve the objective
of equality and development;
iii. non-compliance of policy decisions,guidelines or
instructions aimed at mitigating hardships and
ensuring welfare and providing relief to women, and
take up the issues arising out of such matters with
appropriate authorities;
g. call for special studies or investigations into specific
problems or situations arising out of discrimination and
atrocities against women and identify the constraints so as
to recommend strategies for their removal;
h. undertake promotional and educational research so as to
suggest ways of ensuring due representation of women in
all spheres and identify factors responsible for impeding
their advancement, such as, lack of access to housing and
basic services, inadequate support services and
technologies for reducing drudgery and occupational
health hazards and for increasing their productivity;
i. participate and advice on the planning process of socio-
economic development of women;
j. evaluate the progress of the development of women under
the Union and any State;
k. inspect or cause to inspected a jail, remand home, women's
institution or other place of custody where women are kept
as prisoners or otherwise and take up with the concerned
authorities for remedial action, if found necessary;
l. fund litigation involving issues affecting a large body of
women;
m. make periodical reports to the Government on any matter
pertaining to women and in particular various difficulties
under which women toil;
n. any other matter which may be referred to it by Central
Government.

97
The commission operates through following wings established
under the Act to aid the functioning of the Commission.
Complaints and Counseling Cell
The Complaints and Counseling Cell of the commission processes
the complaints received oral, written or suo moto under Section 10
of the NCW Act.
The complaints received relate to domestic violence, harassment,
dowry, torture, desertion, bigamy, rape, refusal to register FIR,
cruelty by husband, deprivation, gender discrimination and sexual
harassment at work place.
The complaints are tackled as below :-
? Investigations by the police are expedited and monitored.
? Family disputes are resolved or compromised through
counseling.
? For serious crimes, the Commission constitutes an Inquiry
Committee which makes spot enquiries, examines various
witnesses, collects evidence and submits the report with
recommendations. Such investigations help in providing
immediate relief and justice to the victims of violence and
atrocities. The implementation of the report is monitored
by the NCW. There is a provision for having
experts/lawyers on these committees.
The State Commission, the NGOs and other experts are involved
in these efforts.
The complaints received shows the trend of crimes against women
and suggests systemic changes needed for reduction in crimes.
The complaints are analyzed to understand the gaps in routine
functioning of government in tackling violence against women and
to suggest corrective measures.
The complaints are also used as case studies for sensitization
programmes for the police, judiciary, prosecutors, forensic
scientists, defense lawyers and other administrative functionaries.
As per the 1997 Supreme Court Judgment on Sexual Harassment at
Workplace, ( Vishakha Vs. State of Rajasthan ) every employer is

98
required to provide for effective complaints procedures and
remedies including awarding of compensation to women victims.
In sexual harassment complaints, the concerned organization are
urged to expedite cases and the disposal is monitored.

Legal Cell
Some provisions of the NCW Act specifically requires the
commission to :
? Investigate and examine all matters relating to the
safeguards provided for women under the Constitution and
other laws;
? Present to the Central Government, annually and at such
other times as the Commission may deem fit, reports upon
the working of those safeguards;
? Make in such reports recommendations for the effective
implementation of those safeguards for improving the
conditions of women by the Union or any state;
? Review, from time to time, the existing provisions of the
Constitution and other laws affecting women and
recommend amendments thereto so as to suggest remedial
legislative measures to meet any lacunae, inadequacies or
shortcomings in such legislation;
? Take up the cases of violation of the provision of the
Constitution and of other laws relating to women with
appropriate authorities;
The primary mandate of the Commission is to review the
constitutional and legal safeguards provided for women,
recommend remedial legislative measures, felicitate redressal of
grievances and advice the Government on all policy matters
affecting women. Here's what you will find in this section.

PARIVARIK MAHILA LOK ADALAT (PMLA):- An

alternative justice delivery system
The National Commission for Women has evolved an innovative
concept of PMLA for redressal and speedy disposal of cases under
Legal Service Authority Act, 1987, which has its roots in the
traditional Nyaya Panchayats.

99
The essential features of PMLA are amicable mutual settlement
and flexibility in functioning. The NGOs in association with
District Legal Aid and Advisory Board, activists, advocates and
others, organize Parivarik Mahila Lok Adalats with the
Commission's financial assistance.
Address:
National Commission for Women
4, Deen Dayal Upadhayaya Marg,
New Delhi-110 002.
91-11-23237166
91-11-23236988
Fax: 91-11-23236154
Complaints Cell: 91-11-23219750
E-mail: ncw@nic.in
Web: ncw.nic.in

National Commission for Protection of Child Rights

The National Commission for Protection of Child Rights
(NCPCR) was set up in March 2007 under the Commission for
Protection of Child Rights Act, 2005, an Act of Parliament
(December 2005). The Commission's Mandate is to ensure that all
Laws, Policies, Programmes, and Administrative Mechanisms are
in consonance with the Child Rights perspective as enshrined in the
Constitution of India and also the UN Convention on the Rights
of the Child. The Child is defined as a person in the 0 to 18 years
age group.
1. The Commission performs the following functions for the
protection of Child
a. Examine and review the safeguards provided by or under
any law for the time being in force for the protection of
child rights and recommend measures for their effective
implementation
b. Present to the Central Government, annually and at such
other intervals, as the Commission may deem fit, Reports
upon the working of those safeguards
c. Inquire into violation of child rights and recommend

100
 initiation of proceedings in such cases
d. Examine all factors that inhibit the enjoyment of rights
of children affected by terrorism, communal violence,
riots, natural disasters, domestic violence, HIV/ AIDS,
trafficking, maltreatment, torture and exploitation,
pornography, and prostitution and recommend
appropriate remedial measures
e. Look into matters relating to children in need of special
care and protection, including children in distress,
marginalised and disadvantaged children, children in
conflict with law, juveniles, children without family and
children of prisoners and recommend appropriate
remedial measures
f. Study treaties and other international instruments and
undertake periodic review of existing policies,
programmes, and other activities on child rights and
make recommendations for their effective
implementation in the best interest of children
g. Undertake and promote research in the field of child
rights
h. Spread child rights literacy among various sections of
society and promote awareness of the safeguards
available for protection of these rights through
publications, media, seminars and other available means
i. Inspect or cause to be inspected any juvenile custodial
home or any other place of residence or institution meant
for children, under the control of the Central
Government or any State Government or any other
authority including any institution run by a social
organization, where children are detained or lodged for
the purpose of treatment, reformation or protection and
take up with these authorities for remedial action, if
found necessary
j. Inquire into complaints and take sup moto notice of
matters related to:
I. Deprivation and violation of child rights
ii. Non implementation of laws providing for protection

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 and development of children
iii. Non compliance of policy decisions, guidelines or
instructions aimed at mitigating hardships to and
ensuring welfare of the children and to provide
relief to such children or take up the issues arising
out of such matters with appropriate authorities
Such other functions as it may consider necessary for the
promotion of child rights and any other matter incidental to the
above function
2. The Commission shall not inquire into any matter which is
pending before a State Commission or any other Commission
duly constituted under any law for the time being in force. In
addition, the Commission is to perform the following
functions as well:
a. Analyse existing law, policy and practice to assess
compliance with Convention on the Rights of the Child,
undertake inquiries and produce reports on any aspect of
policy or practice affecting children and comment on
proposed new legislations from a child rights perspective
b. Present to the Central Government annually and at such
intervals as the Commission may deem fit, Reports upon
the workings of these safeguards
c. Undertake formal investigations where concern has been
expressed either by children themselves or by concerned
persons on their behalf
d. Ensure that the work of the Commission is directly
informed by the view of children in order to reflect their
priorities and perspectives
e. Promote, respect and seriously consider the views of
children in its work and that of all Givernment
Departments and Organizations dealing with children
f. Produce and disseminate information about cild rights
g. Compile and analyse data on children
h. Promote the incorporation of child rights into the school
curriculum, teachers training and training of personnel
dealing with children.

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3. The Commission, while enquiring into any matter, has all
powers of the Civil Court trying a suit under the Code of Civil
Procedures, 1908 and in particular, with respect to the
following matters:
1. Summoning and enforcing the attendance of any person
from any part of India and examining them on oath
2. Requiring the discovery and production of any
documents
3. Receiving evidence on Affidavits
4. Requisitioning of any Public Record or copy thereof
from any Court of Office
5. Issuing commissions for the examination of witnesses or
documents
6. Forwarding cases to Magistrates who have jurisdiction to
try the same
7. On completion of inquiry, the Commission has the
powers to take the following actions:
a. To recommend to concerned Government for
initiation of proceedings for prosecution or other
suitable action on finding any violation of child
rights and provisions of law during the course of an
inquiry
b. To approach the Supreme Court or the High Court
concerned for such directions, orders or writs as that
Court may deem necessary
c. To recommend to concerned Government or
authority for grant of such interim relief to the
victim or the members of his family as considered
necessary
Complaints on Childs Rights
One of the Core Mandates of the Commission is to inquire into
complaints of violations of child rights. The commission is also
required to take suo motu cognizance of serious cases of violation
of child rights and to examine factors that inhibit the enjoyment of
rights of children.

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 1. Complaints may be made to the Commission in any
language of the 8th Schedule of the Constitution
2. No fee shall be chargeable on such complaints
3. The complaint shall disclose a complete picture of the
matter leading to the complaint
4. The Commission may seek further information/
affidavits as may be considered necessary
While making a complaint, please ensure that the complaint
is:
1. Clear and legible and not vague, anonymous or
pseudonymous
2. Genuine, not trivial or frivolous
3. Not related to civil disputes such as property rights,
contractual obligations and the like
4. Not related to service matters
5. Not pending before any other commission duly
constituted under law or sub-judice before a court/
tribunal
6. Not already decided by the Commission
7. Not outside the purview of the Commission on any other
grounds
Complaints may be addressed to:
The Chairperson
National Commission for Protection of Child Rights,
5th Floor, Chanderlok Building, 36, Janpath,
New Delhi - 110 001
Ph: 011-23731583/ 23731584
(E-Mail: shantha.sinha@nic.in)
Web: http://ncpcr.gov.in/

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 PART FIVE

How to File Complaints in the

Press Council of India
iii
 PART FIVE
How to File Complaints in the Press Council of
India
This chapter explains the procedure for filing complaints to the Press Council of
India in case Socio legal workers come across and have sufficient reason or
information to believe that a news is false, represents wrong fact, attempts to
malign the image of a person, body of individuals, society and is against the
'journalistic ethics'

1. Complaints against the Press

It is open to any person to lodge a complaint with the Press Council
against a newspaper for a breach of the recognized ethical
standards of journalism. However, these standards are not defined
within the Act or the Rules of 1979.The complainant need not
necessarily be the person aggrieved or directly involved. The
alleged breach may be in the publication or non-publication of a
news-item or statement, or other material, like cartoons, pictures,
photographs, strips or advertisement which are published in a
newspaper. Cases can also be initiated by any member of the public
against any professional misconduct by an editor, working
journalist, and staff of a newspaper or engaged in freelance work.
There can also be a complaint against any matter transmitted by a
news agency by any means whatsoever.

A. Time Period or filing complaints

By virtue of the Press Council (Procedure for Inquiry) Regulations,
1979, complaint shall be lodged with the Council within the
following periods:
(i) Dailies, News agencies and Weeklies …….. within 2
months
(ii) In all other cases……. within 4 months
Provided, that a relevant publication of an earlier date may be
referred to in the complaint.

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B. Procedure for filing the complaint
Step -1: Write to the editor first
It is a requirement of the Inquiry Regulations that the complainant
should initially write to the editor of the newspaper drawing his
attention to what the complainant considers to be a breach of
journalistic ethics or an offence against public taste. Such prior
reference to the editor affords him an opportunity to deal with the
matter in the first instance and thus allows the respondent to take
such remedial action as he might consider appropriate before the
complaint is lodged with the Council. This rule is necessary
because it acquaints the editor with the identity of his accuser and
the details of the complaint. It is conceivable that in some instance
the complainant has been wrongly informed or has misinterpreted
the facts. In others, it may be a case of inadvertent error which the
editor is only too ready to admit and correct. If the would-be-
complainant is satisfied, that would be the end of the matter.
Step 2: Attach the copies earlier correspondence
Where, after reference to the newspaper, the person desires to
proceed with the complaint, he should enclose with his complaint
copies of correspondence with the editor, if no reply has been
received from the editor, the fact should be mentioned in the
complaint.
Step 3: Address and Particulars of the alleged News paper
The complainant has, in his complaint, to give the name and
address of the newspaper, editor or journalist against whom the
complaint is directed. A clipping of the matter or news-items
complained of, in original or self attested copy (English
translation, if the news item(s) is in vernacular) should accompany
the complaint. The complainant has to state in what manner the
passage or news-items or the material complained of is
objectionable. He should also supply other relevant particulars, if
any.
In the case of a complaint against non-publication of material the
complainant will, of course, say how that constitutes a breach of
journalistic ethics.

108
C. When complaints cannot be entertained?
The Council cannot deal with any matter which is sub-judice in the
law court. The complainant has to declare that “to the best of his
knowledge and belief he has placed all the relevant facts before the
Council and that no proceedings are pending in any court of law in
respect of any matter alleged in the complaint.” A declaration that
“ he shall notify the Council forthwith if during the pendency of
the inquiry before the Council any matter alleged in the complaint
becomes the subject matter of any proceedings in a court of law" is
also necessary.
2. Complaints regarding oppression to Press freedom
A newspaper, a journalist or any institution or individual can
complain against Central or State Government or any organization
or person for interference with free functioning of the press or
encroachment on the freedom of the press. Such complaints
should contain full particulars of the alleged infringement
whereupon the Council shall follow the procedure of inquiry set
out herein above so far as may be.
The opinion expressed by the Council sub serves two useful
purposes, namely (i) that any abuse of press freedom does not pass
without anybody noticing it or raising a finger of protest, and (ii)
that the press should not in its own interest indulge in scurrilous or
other objectionable writings-writings such as have been considered
below the level of recognized standards of journalistic ethics by a
fair minded jury like the Council constituted of the press itself, for
it would lead to the very loss of the much prized freedom of the
press.
Address of the respondent:
It is a requirement of the Inquiry Regulations that the complainant
should draw the attention of the respondent(s)/authorities
towards the grievances state how the action/inaction of the
respondent authorities amounts to curtailment of the freedom of
the press mention the possible reason for the action/inaction of
the respondent(s)/authorities duly supported by documentary
evidence and furnish a copy of the letter written to the
respondent(s)/authorities.

109
Other important points to be remembered
?
In case the action of the respondent(s)/authorities is a
reprisal measure for writings in the newspaper, critical
of the respondent(s), the cuttings of such reports be
furnished in original or as self attested copies (English
translation, if the news item(s) is in vernacular.
?
Furnish a copy of the reply, if any received from the
respondent(s)/authorities. Provided that the
Chairman may waive this requirement in his discretion.
?
By virtue of the Press Council(Procedure for Inquiry)
Regulations, 1979, limitation of time is four months
from the date of cause of action.
?
Provided that the Chairman may condone the delay if
he is satisfied that there exist sufficient reasons for such
condonation.
?
The Council cannot deal with any matter which is sub-
judice in the law court. The complainant has to declare
that “to the best of his knowledge and belief he has
placed all the relevant facts before the Council and that
no proceedings are pending in any court of law in
respect of any matter alleged in the complaint.” A
declaration that “ he shall notify the Council forthwith
if during the pendency of the inquiry before the
Council any matter alleged in the complaint becomes
the subject matter of any proceedings in a court of
law" is also necessary.

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F. No.
DECLARATION

I, Shri/Smt..........................................................................................do
hereby affirm and declare as under :-
(1) That to the best of my knowledge and belief I have placed
all the relevant facts before the Council and that no
proceedings are pending inany court of law in respect of
any matter alleged in the complaint;
(2) That I shall inform the Council forthwith if during the
pendency of the inquiry before the Council any matter
alleged in the complaint becomes the subject matter of any
proceedings in a court of law.

(Signature of the complainant)

Address .....................................
.....................................
.....................................

--------------------------------------------------------------------------------
NOTE: This declaration is required under Section 14(3) of the
Press Council Act, 1978 read with Regulation 3(2) of the Press
Council (Procedure for Inquiry) Regulations, 1979. The
complainant is requested to sign the declaration if the matter is not
sub-judice and send it back to the Council for record.

Section 14(3)
"Nothing in sub-section (1) shall be deemed to empower the
Council to hold any inquiry into any matter in respect of which any
proceeding is pending in a court of law.

111
3 Format for reporting an event or incident
Once you have all the relevant information, the structure of the
story is very important.
First paragraph: A very quick summation of the story (less than 3
lines including date, place and time of the incident), including the
'hook' (the most interesting part of the story, the gimmick that
makes it newsworthy).
Second paragraph: Explanation of basic facts.
Third paragraph: For preference, a quote from a source who is likely
to know what they're talking about (this is to supplement the fact
you are a journalist/reporter/ socio legal worker, not an expert in
the issue you're reporting on).
Fourth paragraph: More information and introduction of the other
side - there always is one.
Fifth paragraph: Quote from the other person.
Be concise. If a story can be adequately explained in 50 words, then
do so. A good exercise is looking at news articles in the papers and
working out how you could sum them up in ten words.

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 ANNEXURE

a. Writ Petition format

b. Application for Legal Aid

c. Format Application for compensation

 FORMAT OF WRIT PETITION

A. SYNOPSIS AND LIST OF DATES (Specimen

enclosed)

B. FROM NEXT PAGE

IN THE SUPREME COURT OF INDIA

ORIGINAL JURISDICTION
CIVIL WRIT PETITION NO. OF 2005

IN THE MATTER OF
.....Petitioner
versus
....Respondents

PE T I T I O N UN D E R A RT I C L E _ _ _ _ _ _ _ _ O F T H E
CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT
IN THE NATURE OF ___________UNDER ARTICLE
______OF THE CONSTITUTION OF INDIA.

115
To
Hon'ble The Chief Justice of India and His Lordship's Companion
Justices of the Supreme Court of India. The Humble petition of
the Petitioner abovenamed.

MOST RESPECTFULLY SHEWETH :

1. Facts of the case

2. Question(s) of Law
3. Grounds
4. Averment:-
That the present petitioner has not filed any other petition in any
High Court or the Supreme Court of India on the subject matter of
the present petition.
PRAYER
In the above premises, it is prayed that this Hon'ble Court may
be pleased:
(i) .............
(ii) to pass such other orders and further orders as may be
deemed necessary on the facts and in the circumstances
of the case.
FOR WHICH ACT OF KINDNESS, THE
PETITIONER SHALL AS INDUTY BOUND,
EVER PRAY.
FILED BY:
PETITIONER-IN-PERSON
DRAWN:
FILED ON:

116
C. The Writ Petition should be accompanied by:
(i) Affidavit of the petitioner duly sworn.
(ii) Annexures as referred to in the Writ Petitioner,
Rs.2/- per annexure.
(iii) 1+5 copies of the Writ Petition are required
(iv) Court fee of Rs.50/- per petitioner (In Crl. Matter
no court fee is payable)
(v) Index (As per Specimen enclosed)
(vi) Cover page (as per Specimen enclosed)
(vii) Any application to be filed, Rs. 12/- per
application
(viii) Memo of appearance, Rs. 5/- Court fee.

Petitioner-in-person may see a copy of WP (kept with AR-IB) to

have practical knowledge about drafting of petition.
********

117
 INDEX
Sl. No. PARTICULARS PAGES
1. Synopsis and List of Dates
2. Writ Petition alongwith Affidavit in support
3. Annexures
4. Application if any

118
 IN THE SUPREME COURT OF INDIA
ORIGINAL JURISDICTION
CIVIL WRIT PETITION NO. OF 200__

.....Petitioner
Versus
......Respondent

PAPER-BOOK
FOR INDEX KINDLY SEE INSIDE

FILED BY:
(ADVOCATE FOR THE PETITIONER/
PETITIONER-IN-PERSON)

Filed on:

119
 FORM B
APPLICATION FOR LEGAL AID OR ADVICE
[See regulation 37 (1)]
To
The Member-Secretary/Secretary,
________________________Authority/Committee
Sir,
I, Shri/Shrimati _____________________________________,
aged about _________________ years son / daughter / wife of
___________________________________, at present residing
at _______________________________________________ ,
beg to apply for legal aid / advice under the following
circumstances, namely :-

1. I am employed / not employed:_______________________

(a)Occupation ______________________________________
(Nature of employment, service, trade, business, etc.)
(b)Whether employed in Army, Navy or Air Force or Police
Force or retired there from ____________________________
(c)Period of employment and date of retirement____________
(d)Total monthly income from all sources is _______________

2.My monthly income from all sources is __________________

3.(a) My residential premises are rented in my name alone /

jointly in the names of ________________________________
(b) The value / monthly rent thereof is ___________________

4.I have owned land measuring _________ in total under Dag

No____ of patta No_____ of Village/Town_______________
Mauza __________ P.S. _____________ District ___________

120
paying revenue of Rs ____________ per annum (details of the
land particulars shall be furnished).
(a) The value of the produces of the land is Rs. _____________
(b) My total annual income from the land and other properties is
Rs _______________

5. My other sources of income are _______________________

(Detail particulars shall be furnished.)

6. My other assets, properties and effects and their value are Rs

_______________ (Details particulars shall be furnished.)

7. I have / have not disposed of any of my properties, assets or

effects within a period of six months prior to the date of this
application by way of sale, gift, mortgage or otherwise. (If anything
has been disposed of details thereof, including the consideration,
shall be furnished).

8. The total number of my family members is ______________

and they are as shown below,-
Names Age Relationship Occupation Annual income
with the applicant (If any) (If any)
1._____________ ____ ____________ __________ _____________
2._____________ ____ ____________ __________ _____________
3._____________ ____ ____________ __________ _____________
4._____________ ____ ____________ __________ _____________
5._____________ ____ ____________ __________ _____________

9.The number of dependent member in my family is _________

10.The income, if any of other members of my family residing

with me is as under, (details shall be furnished) :-

11.The nature of legal aid or advice required is and the same is in

respect of __________ (State the nature of disputes, claims or
right and the document right and other relevant particulars

121
thereof.)

12. The proof in support of my aforesaid claim/right/defence/

plea is as under,(state in details): _________________________

13. I have / have not applied for legal aid or advice previously.
(If applied previously, state the details thereabout including the
result and if any advice was given, state the advice.)
__________________________________________________
__________________________________________________
__________________________________________________

14. I am willing to furnish such further information and particulars

as may be required for the purpose of enabling the
_______________________________ Authority / Committee
to consider this application fully.

15. I am / am not in a position to bear the expenses of- the Court

case and the costs of miscellaneous proceedings. (The Applicant
may also state the amount, which he is prepared to pay by way of
costs and miscellaneous costs or a portion or part thereof.)

16. I shall reimburse the _______________________________

Authority / Committee all costs, charges and expenses incurred by
the said ________________________ Authority / Committee in
giving me legal aid, if the Court passes a decree or order in my
favour awarding costs, or other monetary benefit or advantage to
me or if I cease to be entitled to get the legal aid under these
regulations.

17.The above statements are true to the best of my knowledge and

belief.

Date. Signature or thumb impression of the Applicant

Place Address _______________________________

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