Filing a Police Complaint in India
A complaint is a criticism or accusation expressed by someone who has experienced a particularly adverse happening, thing or fact. Any such aggrieved person may submit a complaint to the Station House Officer under whose jurisdiction the police station of the locality where the incident has taken place. A complaint may be of a public or private nature. Anyone can walk into a police station and lodge a complaint, and it is not true that only an aggrieved person can file a police complaint. In certain cases, such as those of Rape & Accidents, the victim is often not fit enough to personally come to the police station to lodge the complaint due to trauma, stress and fear. In all such cases, any individual having the information of
…show more content…
The time at which the crime was committed.
The specific location or area where the crime was committed.
The reason, as per the complainant, of the crime.
The actual processes involved in the occurrence of the crime.
Information (Names) about any witness of the crime.
Losses caused by the criminal activity (Money, valuables, physical injury, etc.)
Information about any item, related to the criminal, found at the crime scene (weapons, proofs, if any)
• The complainant is not required to furnish an affidavit.
• Lodging a false police complaint, or providing false information while recording the FIR can lead to prosecution under Section 203 of the Indian Penal Code, 1860)
Refusal of a Police Officer to lodge an FIR:
In case of all cognizable offences, it is mandatory for a police official to lodge the FIR. In the event of a duty officer at a Police station refusing to register the FIR, this can be reported to senior police officials. The Circle Officer under whose jurisdiction the police station falls, Additional SP or the Superintendent of Police of the concerned District can be approached to lodge a complaint.
Fees or charges for lodging an
When police officers investigate suspect, especially a criminal suspect, public interest was against and officers owe a duty of care to general public for the purpose of public safety. Meanwhile, private interest was against as well and officers owe a duty of care to suspect to ensure suspect’s rights and avoid charging innocent person. In order to balance these two conflict interests, a clear standard of care need to be established so police officers could follow the procedures to prevent negligent investigation.
The case of DPP v Carr is a fundamental case in evaluating arrest as a measure of last resort in the execution of a police officer’s duties. The brief facts of the case were that the defendant Mr. Carr was arrested for having insulted and hurled offensive words at the arresting officer. In the decision of the court it stated that “arrest ought to be the last resort and should not be done if the name and address of the defendant is known by the police and that one will not fail to honour summons issued” . The decision in DPP v Carr has been used as the yardstick under common law in determining the threshold for which a police officer uses before arresting a suspect. In the appellate decision despite having held that the arrest was lawful, it went ahead to declare that it was improper since the police officer had the option of issuing summons.
Crime scenes are known to have many clues left behind. The obvious would be a the body or bodies, clothing, and sometimes even the murder weapon. While these are great way to solve a case there's another kind of evidence; trace evidence. Trace evidence are small pieces of evidence that are laying around a crime scene. There are many types of trace evidence some of them include metal filings, plastic fragments, gunshot residue, glass fragments, feathers, food stains, building materials, lubricants, fingernail scrapings, pollens and spores, cosmetics, chemicals, paper fibers and sawdust, human and animal hairs, plant and vegetable fibers, blood and other body fluids, asphalt or tar, vegetable fats and oils, dusts and other airborne particles, insulation, textile fibers, soot, soils and mineral grains, and explosive residues. Although these are the most common found elements, they are not the only ones. The Trace Evidence Unit is known to examine the largest variety of evidence types and used the biggest range of analytical methods of any unit. materials are compared with standards or knowns samples to determine whether or not they share any common characteristics. In this paper I will discuss the different kinds of trace evidence and how crime scene investigaros use it to solve cases and convict criminal.
The Baltimore City police have faced a myriad of problems in the last year. The riots following the Freddie Gray arrest were reported around the country and created a situation where the Governor was forced to call in the National Guard to protect the city. Community leaders report that African American’s are stopped, searched and arrested at a far greater number than Caucasian’s. The Baltimore city police are at an impasse with the community at this time, it is up to the city leaders and the police officials to come up with some real solutions to the issues that can no longer be ignored.
In today’s time, modern Crime Scene Investigation has increased rapidly. From throughout the late 1900’s and in the early 2000’s (Taylor 1). For all of the evidence that they find, a solid foundation has formed over the thousands of years of Crime Scene
In criminal justice, detectives need many skills that help capture the suspect. One of the important skills is finding and presenting evidence. This is significantly important because according to the Criminal Justice
In today’s society, police officers are very cautious on how much force they can use on a suspect due to the police brutality going on right now. Police brutality is defined as the use of force exceeding what is necessary, many people argue that there should be new policies to determine how much force a police officer can use and also have laws that will convict officers who have killed people by using too much force, so that there is less incidents in the future.
This article was on research or study on police brutality using the conflict theory and analysis. In this article, the research is tested by using the number of threatening acts and citizens depended by the number of complaints filed to the U.S. Department on police violence. The research helps to test the measurement of minority threats connecting with criminal control. Inside this article shows a table with civil rights criminal complaints, which are positively affected by the city population. The hypothesis of the threats resulted consistently with the measurements of threatening people.
When an individual enters the criminal justice system, it always begins with the police. So in order for police to be involved in any situation, there has to be a crime committed or violation of any law which has been put in place by the government. As the police act as the enforcement agents of these laws, they are the first ones to be involved. There are four steps that police follows when there is a crime – the crime itself, the report of the crime, the investigation of the crime, and the arrest to finish this process – these are the very basic avenues which police follows.
According to Department of Education & Training (2015), resolving a complaint process must include the following information: the name of the complainant, the date and time of the alleged conduct, the location where the alleged conduct occurred, witnesses or other parties involved, and any other relevant
Gardner, T. J., & Anderson, T. M. (2013). Criminal evidence: Principles and Cases (8th ed.).
Collecting evidence from a crime scene is a crucial aspect of solving crimes. Before evidence can be seized, there must first be a court order approving the search of the crime scene and the seizure of the evidence found at the scene. Standard protocol for officers is for them to always use latex gloves, avoid plastic bags, double wrap small objects, package each object separately, and to collect as much evidence as possible. It is better to have too much evidence than to not have enough. There are countless amounts of evidence that can be found at a crime scene.
Policing basically is the job of dealing with society, if the officers would not be familiar to their job environment it would be very difficult for them to be answerable to their department, society or in from of courts if they are brought forward. It’s not just what happens with an individual person it is based on the whole bunch of community which is the responsibility of the police officers. Evaluation of police is done by people on basis of their performance, crime control(Weitzer & Tuch, 2005)If crime rates
There are number of study regarding to whistleblowing from different aspect of perspectives. A theory is needed in which the nature and parameters of appropriate whistleblowing have to specify in order to articulate coherent understanding of whistleblowing (Hoffman and McNulty, 2010).
To have a system of justice, the society must have means of answering the beckoning of the populace. If a society does not attend to the offense of its own people, then it is not a true society. Society is based on the principle of a consensus, unanimously choosing their governing rules and laws. However, the limitations of a “justified complaint” are unclear depending on what the consensus agrees to. Though the one rule that must apply is the fact that a complaint must be made by a law abider to be a “justified complaint”.