Pg 3 Flashcards
What can an informant do if a police station refuses to file an FIR?
The informant can send the report in writing by post to the superintendent of police concerned, file a private complaint in a suitable court, or make a complaint to the Human Rights Commission.
Why might a police station refuse to file an FIR?
Generally, a police station refuses to file an FIR on the ground that the offence reported has been committed outside its jurisdiction.
What has the Supreme Court declared regarding the refusal to file FIRs?
The Supreme Court has declared the practice of refusing to file FIRs illegal.
What are the Supreme Court’s instructions for filing FIRs?
A police station must accept an FIR even if the reported offence has been committed outside its jurisdiction or if the informant cannot provide details such as the victim’s name or how the offence was committed.
What is the duty of the police when an offence is reported?
When an offence comes to the notice of the police or is reported through an FIR, officers are sent to carry out an investigation, which includes collecting evidence and questioning witnesses.
What is prepared after an investigation?
After the investigation, a charge sheet containing accusations against anyone believed to be guilty is prepared and submitted in a suitable criminal court.
What happens when a court receives a charge sheet?
The court frames a charge against the accused and provides copies of the charge sheet, the FIR, and the statements of the questioned individuals to the accused.
What rights does the accused have during the trial?
The accused has the right to plead not guilty, ask for a trial, and be defended by a lawyer of their choice. If unable to hire a lawyer, the court must appoint one under Article 39A of the constitution.
What powers does a criminal court have?
A criminal court can make inquiries regarding the proper conduct of police investigations, the support of available evidence for charges, and the authenticity of evidence recorded by the police.
Who represents the government in a criminal trial?
A lawyer who represents the government in court is called a public prosecutor.
What must the court do at the end of a trial?
At the end of the trial, the judge gives a verdict. If satisfied that the charges are valid, it orders punishment for the accused.
What does Article 21 of the constitution state regarding trials?
Article 21 states that if a person’s life or liberty is to be taken away, it can only be done through a reasonable and fair legal process.
What conditions must be fulfilled for a fair trial?
Conditions for a fair trial include providing the accused with copies of the charge sheet, FIR, and statements, holding the trial in an open court, ensuring the presence of the accused, and allowing the defence lawyer to question witnesses.
What is the role of the public prosecutor in a trial?
The public prosecutor represents the government, not the police, and acts in the interest of justice, helping the court find out the truth rather than simply seeking punishment for the accused.
