FAQs

In Cr. PC, the offences are divided into two categories; one Cognizable and the other Non-cognizable. Police is empowered to register the FIR and investigate only the cognizable offences. Police can arrest an accused involved in cognizable crime without the warrant from the Court.

The category of offences as per Cr. PC in which Police can neither register the FIR nor can investigate or effect arrest without the express permission or directions from the court are known as Non-cognizable offences. These mostly include minor offences such as abusing each other, minor scuffles without injuries, intimidation etc.

Report pertaining to occurrence of a cognizable offence, received at the Police Station is called First Information Report, popularly known as FIR. Since it is the first information about the cognizable offence, it is called First Information report. On receipt of this information police registers the report in a FIR Register and begins the investigation of the crime.

As per Cr. PC, Police Station is required to record an abstract of such complaint in the Station Diary and advise the complainant to file the complaint in the concerned court as police is not empowered to initiate action in such matters without the directions of the court. A copy of the entry made in the Station Diary may be provided to the complainant free of cost.

Yes, definitely. As per Criminal Procedure Code (Cr.PC) it is mandatory on the part of police to provide a copy of the FIR, free of cost to the complainant.

No, the entire investigation of the case, including the medical examination of the injured and submitting challan in the court, is part of Government duty for which no charges are levied by the govt. If any demand for money is made at any stage of investigation, a complaint should immediately be made to the senior police officers

In bailable offences, the accused can claim bail as a matter of right. Police is supposed to release such an accused on bail if he is prepared to give bail at any time while he is in the custody of a Police Officer

In non-bailable offences, the accused is not entitled to bail as a matter of right. Police invariably does not take bail in such cases and only the Court grants bail. The list of bailable and non-bailable offences is given in the first schedule of the Cr.P.C.

Yes, certainly. The court only forbids the arrest but does not prevent police from calling the accused for investigation. Intact, invariably it is one of the conditions of the anticipatory bail that the accused shall make himself available for investigation as and when required by the investigating officer. Refusal to do so may entitle the investigating officer to move the court for cancellation of anticipatory bail. In case the investigating officer finds that a criminal case is made out against an accused granted anticipatory bail by the court, he will not arrest him but will release him on bail, even if the offence is Non-Bailable.

Yes. Lodging of a false FIR/complaint is punishable under IPC. Such an informant / complainant can be proceeded against under section 182 IPC or under section 211 IPC by the police. Private person against whom false FIR/complaint has been lodged can also file complaint in the court for the offence of defamation.

When a Police officer gives a Police report under section 173 Cr.P.C. recommending prosecution, it is called a charge sheet. After questioning the accused and hearing the arguments, the magistrate frames charges on the accused for which he is tried.

In certain offences, the parties involved can effect a compromise while the case is under trial in the court. This is called 'compounding', further action in trial is discontinued. Cases in which this is permissible are called compoundable offences. Examples of such offences are Hurt, Wrongful Confinement, Assault, Molestation, Cheating, Adultery etc.

In the context of criminal matters, a magistrate is a judge empowered to try certain classes of offences in his jurisdiction. He can also issue warrants, order searches, grant or deny bail etc. An execute magistrate is a government servant of the revenue department who exercises powers of inquest, enquiry into allegations against Police and cases involving security proceedings.

1. How do I know that I am a victim of Cyber Crime?

Ans: - Any fraud or unauthorized access made using computer resources or electronic communication device with the help of internet comes under the purview of Cyber Crime. If any person comes across this situation, he could be a victim of cybercrime.

2. If someone threatens me over cell phone, whether this amounts to Cyber Crime?

Ans:- Yes , this act falls under the perview of Cyber Crime. One can lodge a complaint with the nearest local Police Station or in Cyber Crime Police Station.

3. Can I report an incident of Cyber Crime at the local Police Station or I have to approach Cyber Crime Police Station for registration of the formal complaint?

Ans:- You can report cyber crime related complaints in the nearest local Police Station.

4. Someone has created a fake Facebook account in my name and posted some obscene photographs/ vulgar comments. What is the process of filing the complaint?

Ans:- First, you have to take screenshots of the fake Facebook account containing URL andrelevant Facebook web pages containing obscenephotographs/vulgar comments. Then, you have to submit photocopy of your ID proof alongwith a written complaint and screenshots.

5. I revealed my credit/debit card details to someone who called on my mobile phone and introduced himself as a bank officer after which a substantial amount of moneyfrom my bank accounthas been siphoned off through online purchases. Please suggest what to do?

Ans:- You should never reveal your debit/credit card details to anyone. Banks never ask for such details. In case of such an incident, update your bank passbook, get a photo copy of the same and of the credit/debit card. Submit all the details with a written complaint to the local Police Station or Cyber Crime Police Station.

6. Can I directly send E-mail or make call to the online payment gateway sites/ shopping sites to block the fraudulent monetary transaction made through my debit/credit card or revert back the money to my account?

Ans:- Yes, you can. But online Payment gateway sites or shopping sites need authentication letter from Police to block anytransaction or revert the money tothe originating bank account. It is advisable to send them e-mail by attaching your address proof, scanned copy of card details, bank statement with a request to the website tohold thetransaction immediately till receipt of authorized letter from police or bank.

7. Can Bank send mail to the online websites to block or revert back the money?

Ans:- Yes. Law Enforcement Agencies as well as Banksare authorized to askthe online payment gateways to block the fraudulent transaction andrevert back the money to the victim’s bank account.

8. I have received an e-mail that I’ve won a lottery of a huge amount of money and the sender is asking for my personal details along with bank details to send the lottery money in my account.What should Ido?

Ans:- Do not reply to these type ofe-mails. Many people receive such mails. This is called Nigerian fraud/Advance fee fraud/Lottery fraud or 419 fraud. By using this method, criminals are alluring innocent & gullible people to deposit their hard earned money to the bank account of fraudsters towards processing etc. of lottery fraud.

9. I registered my e-mail Id and phone number in an online job consultacyportal. Now a person is repeatedly calling me over phone and offering job but also asking to deposit money in their account towards registration/processing fees.

Ans:- Ignore such type of calls. They are swindlers and want to trap unemployed youth / jobseekers. Do not trust these fraudsters. No reputed company gives jobs in lieu of money.

10. Someone from abroad is a Facebook friend of mine.He has sent some gifts for me from abroad and the Custom Department from Delhi is calling me to deposit money in one bank account for custom clearance ofthose gifts. Please help me out.

Ans:- Please don’t accept any friend request if you don’t know anyone personally. They are fraudsters and using different tricks to trap innocent people. Never deposit money to the bank account of fraudsters for clearance of gifts / goods. Custom department never calls to person concerned over phone or send e-mails for deposit of money.