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Frequently Asked Questions, of the Functioning and of the Administration of the Department

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Frequently Asked Questions, of the Functioning and of the Administration of the Department FREQUENTLY ASKED QUESTIONS, OF THE FUNCTIONING AND OF THE ADMINISTRATION OF THE DEPARTMENT What does the police do on receiving a complaint? Generally there are two types of offences, namely cognizable and non-cognizable Offences. Cognizable cases are cases in which police can directly register cases and in non-cognizable cases police cannot directly register case but require permission of the court to do so. If the complaint relates to cognizable offences, police will register as case and investigate and for the non-cognizable offences the informant will be directed to the court of police will send the complaint to the concerned court with a request for sanction to register cases. Is it lawful to summon women to police stations? No it is not legal to summon women to police station. Police officer should go to the women where they reside to take their depositions. What is FIR (First Information Report)? The substance of the complaint will be reduced to writing by the police officer to whom it is given which is called first information statement and a police form (FIR form) will be filled, got signed by the informer and sent to the court without any delay. The substance of the complaint can be either be written on the FIR form itself, if the complaint is given at police stations, or separately on white paper if the informer is somewhere else other than the police station. (This is envisaged in Sec. 164 Cr.PC). What is meant by saying case is registered? Case is registeredmeans First Information Report (FIR) has been registered on the basis of the complaint given either orally or written by the informer. This is the first step for investigation. Once case is registered, the disposal authority is the court. What is charge sheet? (173 Cr.PC Final report) On investigating a case, if the investigating officer collects sufficient evidences relating to the facts and circumstances of the case to prove allegations against the accused in the case, he will prepare charge sheet implicating the accused on the strength of the true, clear and convincing evidences and the charge sheet so prepared will be preferred to the court. Charge is prepared by the court. What is Mahassar? (SA 7 of the IE Act) It is a description of facts and state of things which an investigating officer observes in a scene of crime. It should be prepared in the presence of two independent and intelligent witnesses preferably reside nearby. Statements should not be written in the mahassar except in mahassars prepared under section 27 of Indian Evidence Act. The witnesses should sign the mahassar. The mahassar enables the court to obtain an idea of the scene of occurrence of a crime. What are Summons and Warrants? (61 Cr.PC) When the presence of a person needed by the court in connection with any matter under inquiry, the court issues summons to the concerned person in which a direction is given to the party to appear before the court on a specified date and time. Warrants (70 Cr.PC) It is a direction by a court either to a police officer or to any other person to arrest the person against whom the warrant of arrest issued and produce him before the court. Arrest can be effected either by word, touch or using minimum force sufficient to confine the person. What is to done if a theft occurs at home? 1. Inform the matter to the police immediately. 2. Do not interfere with any objects such as door locks, door handles, almarahs, trunks or any other utensils which probably carry the finger prints of the thieves. 3. Do not allow others including family members to venture into the rooms and destroy any probable evidence. 4. Do not take away any object however frivolous it is, before the arrival of the police. 5. Disclose all information about your servants, visitors you had on previous days, strangers who happened to be seen near your house etc. 6. Co-operate with the investigation of police. What is to be done if a vehicle is stolen? Immediately give information to police, and to all other relatives and friends who reside near and far along the sides of the main roads. Inform the near by petrol bunks. If it is a city dial 100 and inform about the theft. Who is the authorized officer in police department to Check Vehicle and compound Offences? Sub Inspectors and above Is it lawful to seize the driving licence while checking motor vehicles on road? It is lawful. But a receipt should be issued to the driver of the vehicle in this regard. What is to be done if a motor vehicle accident takes place? a) Give first aid to the injured at the earliest. Take him to a hospital. b) Inform the police immediately. c) When police arrives, utmost co-operation should be given to handle the situation. d) Do not destroy or remove any property especially the vehicles involved in the accident. What is procedure for getting a gun licence? Application should be given in prescribed form stating the description of gun, the purpose of its procurement etc. should be given to the District Collector whose jurisdiction in which the applicant resides. After verification by police the applicant will get the licence from the collectorate. What are the formalities to be done when a foreigner visits India? The foreigner must have valid visa and passport. If he stays for more than six months in India, he should get his name registered with the local Supdt of Police who is also the foreigners Registration Officer. Wherever he stays the owner/manager of the residence/hotels should inform the matter to the police. He should visit only those places if such places are particularly mentioned in the visa. What is Crime Branch, who authorizes Crime Branch to investigate a case? It is one branch of Kerala Police meant for investigation of sensational crime case. The State Government/Director General of Police authorizes the Crime Branch to investigate particular cases. If more than one SIs are present in a police station, to whom a complaint shall be given? Complaint shall be given to the Station House Officer. If he is absent, complaint shall be given to the next senior most officer. To whom, a complaint against a police personnel should be given? The complaint can be given to any officer superior to the officer against whom the Complaint is to be lodged. .
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