FAQ

Question 1

:

what to do if police refuses to register FIR?

Answer

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If you are reporting a cognisable crime and the police refuse to register your FIR, you can make a complaint to a higher ranking officer such as the Superintendent of Police, the Deputy Inspector General or the Inspector General of Police. If that also fails; File a 156(3) CrPC complaint before the magistrate who if he finds your complaint to have disclosed a cognizable offence would order police investigation and FIR.

Question 2

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How long a person can be kept in custody by the police?

Answer

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Once the police make an arrest and take the arrested individual to the police station, the longest time the suspect can be kept in custody at the station is for 24 hours. The police must produce anyone who is in their custody before the magistrate within 24 hours of the arrest, with all the necessary papers that justify the said arrest. If a person's 24 hour custody ends after court working hours, he can always be produced before the magistrate at his residence. The magistrate cannot refuse to see the suspect.

Question 3

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What are the Bailable offences?

Answer

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Bailable offences are those offences or crimes which are shown in the First schedule, and non-bailable means any other offence . In such cases bail is a right and the arrested person must be released after depositing the bail with the police. The police have the power to grant bail in these types of cases. The bailable amount or assurance is a collateral that insures that the suspect will make himself available to the police during the investigation and will appear at the trial. In case of bailable offence it is the right of an accused person to be released on bail as soon as all the requirements of the set bail has been met. Police cannot refuse to release a person from custody if he fulfills all the necessities. Once bail is granted to a person, it does not mean that they are free. The individual is still a suspect and must appear at court for the trial that will determine whether the accused is guilty or innocent.

 

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