F.I.R

by

To all those of you who are being harassed by their neighbourhood for tending to animals….

Please remember that for the animals, if not for yourself, you need to be strong and fight this out.

While you can approach local animal welfare organisations or animal activists, but in the end, it is a fight you will have to fight on your own, for yourself and the animals you care for…

  • If talking to people and explaining them the below mentioned laws and constitutional provisions doesn’t help, then, whether you like it or you don’t, you need to approach the Police and file an F.I.R or Police Complaint against all the people who are harassing you, abusing you, threatening to kill/harm you/your property and the dogs/other animals you care for.
  • Be sure to mention full names and addresses of all the people who are harassing you and give complete true account of the matter, without exaggerating facts – take help of the points stated below to put your grievances and facts across and mention why you are seeking help from the Police and reporting this matter.
  • There is no law that prohibits feeding of street animals, and citizens who choose to do so are in fact performing a duty cast upon them by the Constitution of India. Persons, who are trying to interfere with their effort, or display aggression, can be held liable for having committed the offense described in the Indian Penal Code and criminal intimidation.
  • Moreover, as per Indian law, street dogs cannot be beaten or driven away. They can merely be sterilized in the manner envisaged in the Animal Birth Control (Dogs) Rules, 2001(Rules under Indian Prevention of Cruelty to Animals Act (PCA), 1960), vaccinated, and then returned back to their original locations.
  • If your municipality is not doing the same, you can file a Police Complaint or FIR against the local Municipal Corporation for flouting the laws and rules mentioned above, which need to be complied with throughout the country, as PCA Act is a Central Act, i.e. it is applicable across the country and the local Police has been mandated with the responsibility of enforcing this act and reporting/booking violations/offenders.

Constitutional provisions:

  • Article 51A of the Constitutional Law of India, speaks about the duties of every citizen of India. One of these duties includes having compassion for living creatures (Article 51 A (g) of the Indian Constitution). Those who look after animals and other creatures of God are thus protected under the Constitution.

 

  • Article 19 of the Constitution of India, deals with right to freedom and in this freedom are included the right to profession, occupation, trade and business. Therefore, it means that every citizen has the right to occupation and if someone has taken the caring of animals as his occupation, it is legal and he has every right to carry on with his occupation.

Legal provisions:

In a Judgment passed by the Delhi Court, it has been stated that the Animal Welfare Board of India and the Municipal Authorities have in the guidelines issued by them specified the problem often faced by individuals and families who adopt and feed stray animals. The court says that it is necessary to bring into record that these individuals and families who adopt stray animals are doing a great service to humanity as they are acting in the aid and assistance of Municipal Authorities by providing these animals with food and shelter and also by getting them vaccinated and sterilized. Without assistance of such persons no local Municipal Authority can successfully carry out its ABC programme. The Court has proceeded to say that the local police and the municipal authorities are under obligation not only to encourage such adoption but also to ensure protection to such persons who come forward to take care of these animals specifically the community or neighbourhood dogs so that they are not subjected to any kind of cruelty, finally, the Court has said that every individual has the right to live his life in the manner he wants and it is necessary that the society and the community recognize it.

  • If you are a woman/girl who is being abused/harassed/threatened by neighbours/people around for being kind to animals, please also note that you can lodge F.I.Rs against these people Under Section 509 of Indian Penal Code (U/S 509 of IPC) – which is a cognizable offence.
  • Under the Govt. of India, Animal Birth Control Rules 2001 (drafted under the Indian Prevention of Cruelty to Animals Act 1960), no sterilized dogs can be relocated from their area. As per five different High Court orders, sterilized dogs have to remain in their original areas. If the dog is not sterilized, the Society can simply ask an animal welfare organization to sterilize and vaccinate the dog. They cannot relocate them. Relocation is not permissible, as it would cause more problems such as an increase in dog bites as new dogs will move into the area who are unfamiliar with residents and therefore more likely to be hostile. All problems of stray animals have to be handled within the institutional framework available. No association, recognized or unrecognized, shall take recourse to any action regarding stray animals on their own, either themselves or through any person employed by them like security guards. While residents and Associations are free to address institutional agencies for redressal of grievances in this matter, no resident/association will interfere with the freedom of other residents in caring and attending animals.
  • Section 11 of The Prevention of Cruelty to Animals Act, 1960 forbids the displacement of Animals from its natural environment into an environment that is hostile to it, where the animal may be injured/hurt/maimed or killed due to lack of food or fights with other animals. Also, please remember that Prevention of Cruelty to Animals Act 1960 is a Central Act, i.e. it is applicable throughout the country and the powers to enforce this law have been given to the Local Police.
  • Additionally, Section 429 of the Indian Penal Code also provides for imprisonment and fine, in cases involving animal cruelty. Section 429 in The Indian Penal Code, 1860, a Central Government Act, reads as follows:

“Mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty rupees.– Whoever commits mischief by killing, poisoning, maiming or rendering useless, any elephant, camel, horse, mule, buffalo, bull, cow or ox, whatever may be the value thereof, of any other animal of the value of fifty rupees or upwards, shall be punished with imprisonment or either description for a term which may extend to five years, or with fine, or with both.”

Following are some of the self-explanatory documents that one can look up and refer to:

1. A 2 page circular issued by the Ministry of Personnel, Public Grievances, and Training, on the aspect of street animal feeding and prohibits central government employees from harassing street dogs or those feeding/looking after them.

https://jaagrutiindia.files.wordpress.com/2010/04/public-grievances-circular-pg-1.jpg

https://jaagrutiindia.files.wordpress.com/2010/04/public-grievances-circular-pg-2.jpg

2. The Animal Birth Control (Dogs) Rules, 2001.

https://jaagrutiindia.files.wordpress.com/2010/04/the-animal-birth-control-dogs-rules-2001.pdf

3. A directive issued by the Animal Welfare Board of India, constituted by the Ministry of Environment and Forests- provides immunity to animal feeders and restricts RWAs from harassing people tending to dogs.

https://jaagrutiindia.files.wordpress.com/2010/04/awbi-direction.pdf

4. M.C.D. (Municipal Corporation of Delhi) notification, showing the approach of the M.C.D. with regard to street animals, which is based on the law of the land.

https://jaagrutiindia.files.wordpress.com/2010/04/mcd-notices-toi-march-2009.jpg

5. A Times of India news report regarding a Delhi High Court direction to the police to protect persons who feed stray dogs.

https://jaagrutiindia.files.wordpress.com/2010/04/times-of-india-article-on-feeding.pdf

6. A Hindustan Times news report regarding the view taken by the Supreme Court regarding stray dogs.

https://jaagrutiindia.files.wordpress.com/2010/04/ht-article-24th-jan-supreme-court-stays-bombay-high-court-order.jpg

7. An order passed by the Additional Chief Metropolitan Magistrate, Delhi https://jaagrutiindia.files.wordpress.com/2010/04/addln-chief-metropolitan-magistrates-order-on-street-dogs-of-india.pdf

8. A Dossier of Indian Street Dog related laws and court rulings – https://jaagrutiindia.files.wordpress.com/2013/03/a-dossier-of-indian-street-dog-related-laws-and-court-rulings.pdf and Copies of other court judgments can be downloaded from http://www.strays.in/index.php/legal-precedence-faqs-judgements-court-cases-drafts/

9. Reporting a crime and lodging an F.I.R or Police Complaint-

https://jaagruti.org/2013/12/13/reporting-a-crime-all-about-lodging-an-f-i-r-with-the-police/

If you want awareness workshops held in your company or Institution on the subject of animal laws and welfare, for audience in any age-group, please write to us on contact@jaagruti.org

by

Reporting a Crime: All about lodging an F.I.R with the Police

This post is a much needed compilation we did using the information available on www.jaagore.com and www.ipaidabribe.com, so that people who wish to report animal-related crimes and/or are facing instances of criminal intimidation and harassment from neighbours/RWAs/fellow society people (meted out to those who fight for animal rights, feed/take care of neighbourhood dogs and animals) – can also learn the intricacies behind filing a complaint at the local Police Station, be it an FIR or Police Complaint.

*We thank http://www.jaagore.com and http://www.ipaidabribe.com for their exhaustive work and acknowledge their work and credit all information taken below, except for minor edits and additions done at a few places, to them.

How to file an F.I.R (First Information Report)

  • Technically an F.I.R refers to the information on the commission of an offence given to a police officer by the first informant. In other words, it is basically a complaint document that sets the provisions of the criminal law in motion.
  • To begin with, it is important to primarily understand the difference between Cognizable and Non-Cognizable offences. And F.I.R is filed for cognizable offences.
  • Under the Criminal Procedure Code, commonly known as CrPC, a cognizable offence allows the police to directly register an F.I.R and immediately begin investigation. The accused can also be arrested without a Warrant. Rape, murder, kidnapping and theft are examples of offences that fall into this category.
  • In a Non-Cognizable Offence, the police will require the permission of the court to register a case or investigate. The accused cannot be arrested without a Warrant and the offence is bailable. Examples of non-cognizable offences include criminal intimidation, trespassing, making a public nuisance of oneself, misappropriation of property, physical assault, forgery, causing simple hurt, and simple cheating.

The difference between an F.I.R and a Police Complaint OR the limitations behind lodging an F.I.R are as follows:

An F.I.R can only be filed for a cognizable crime. In the event someone is trying to file an F.I.R for a crime that falls in the non-cognisable category it is the duty of the police to listen to them, enter the matter in their daily register or dairy, give the person a signed copy of the entry made (as proof of the matter being recorded) and direct them to the closest or appropriate magistrate. The signed copy of the entry made by the police is free of cost and is a right to receive. The police may not investigate a complaint even if you file a FIR, when: (i) The case is not serious in nature; (ii) The police feel that there is not enough ground to investigate. However, the police must record the reasons for not conducting an investigation and in the latter case must also inform you. — [Section 157, Criminal Procedure Code, 1973]

Do’s and don’ts to keep in mind while filing a Police Complaint/F.I.R

Details to give when filing an F.I.R: If you are a victim or witness of a crime give clear descriptions of all that you experienced, saw or remember. If you are filing an FIR for a crime that you have second hand knowledge of, then report exactly what you were told or what you heard. Information should never be exaggerated or false. Important details to include are the date, time, location and a description of the culprits or people involved. The sequence of events that occurred and details of what each person did or said

What to do when the police refuse to file F.I.R:

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 (SP)/SHO (Station House Officer of Local Police Station), the Deputy Inspector General (DIG)/ACP (Assistant Commissioner of Police)/DCP (Deputy Commissioner of Police) or the Inspector General of Police (IGP)/CP (Commissioner of Police).

You can also complain to the nearest judicial magistrate, who will order the police to register the FIR if deemed necessary. Ensure that you get a receipt of your complaint being registered. (This means a stamped receiving given by the authority on the photocopy of your complaint)

You can also…

  • Send your complaint in writing to the Superintendent of Police (SP)/SHO of the Local Police Station by Registered Post Acknowledgement Due (Regd. Post AD).
  • Make a written complaint to the concerned State Human Rights Commission or the National Human Rights Commission that the police are not doing their duty of enforcing the law or that they are being negligent, biased or corrupt.

Things you must not do:

  • Never file a false complaint or give wrong information to the police. You can be prosecuted under law for giving wrong information or for misleading the police.—[Section 203, Indian Penal Code 1860]
  • Never exaggerate or distort facts.
  • Never make vague or unclear statements.

Process Flow of filing an F.I.R:

1. It must be filed immediately. If there is any delay, mention it in the form.

2. If given orally, it MUST be taken down in writing and explained to you by the officer in charge, at a Police Station within the jurisdiction of which the offence has taken place.

3. There should be four copies recorded simultaneously, with carbon sheets in place.

4. It must be recorded in first person. Do check in which language this needs to be done.

5. Make sure the officials’ attitude towards you is sympathetic and yours towards him/her is respectful.

6. Avoid complicated, technical words, terminologies and unnecessary details.

7. Try not to overwrite or score out words.

8. Ensure that the arrival/departure time is mentioned in the F.I.R and in the Daily Diary (DD) Register at the Police Station

9. It must contain authentic information, including these necessary bits of information:

– What information do you want to convey?
– In what capacity are you providing the information?
– Who is the perpetrator of the crime?
– Who has the crime been committed against – victim /complainant?
– When was it committed (time)?
– Where was it committed (specific place /locality/area)?
– Why do you think it was committed?
– Which way (actual process involved) was it committed?
– Were there any witnesses? (Names will be required here.)
– What were the losses? (Money /valuables/ possessions /physical damage etc.)
– What were the traces at the scene of the crime? (Weapons/evidence if any.)

10. After completion, you MUST carefully read the document and sign it.

11. It must be recorded by the officer in the book maintained for this purpose by the State Government.

12. You have the right to and must get a copy of it for your records.  You are not required to pay for the same.

13. You are not required by law to give an affidavit.

——————————————————————————————–

Department / Organisation: Police Department

Contact person: Police helpline 100.

Location: Find your local police station within your police jurisdiction on the map.

Note: Police Station located nearest to you may NOT be within the police jurisdiction where you need to report the offence. Be informed of your area police station beforehand.

Infographic Process Flow:

The procedure of filing an FIR is prescribed in Section 154 of the Criminal Procedure Code, 1973

Infographic Courtesy: jaagore.com

Infographic Courtesy: jaagore.com

Q and As about FIR

Who can lodge an F.I.R?

Any person who is aware about the offence can file an F.I.R. It is not compulsory that he should be an aggrieved person. Even a police officer can file an F.I.R. if he comes to know about any offence. The F.I.R. can be filed by various people like:

  • An aggrieved person.
  • A person who is aware about the facts of the crime.
  • A person who has seen a crime being committed.

2. When can I lodge an F.I.R?

You can lodge an F.I.R only in case of a cognizable offence.

A cognizable offence is a criminal offence in which the police are empowered to register an F.I.R, investigate, and arrest an accused without a court issued warrant. Offences like murder, rape, kidnapping, theft, robbery, fraud, etc. are classified as cognizable offences.

A non-cognizable offence is an offence in which the police can neither register an FIR, nor effect arrest without the express permission or directions from the court. Offences like simple hurt, verbal abuse, intimidation, defamation, misappropriation of property, physical assault, forgery, etc. are non-cognizable offences.

3. Where can I lodge an F.I.R?

To file an F.I.R, one has to go to the police station within the jurisdiction of which the cause of action arose or the offence took place.

4. How do I lodge an F.I.R?

  • To file an F.I.R, one has to go to the police station within the jurisdiction of which the cause of action arose or the offence took place.
  • Every piece of information relating to the commission of offence is to be given to the officer in-charge of the police station. If it is given orally to the officer, he shall reduce it to writing and read it over to the informant to confirm and verify the details.
  • Every such information has to be signed by the informant after which it is required to be recorded by the officer in a book maintained for this purpose as prescribed by the State Government.
  • The informant is entitled to receive a copy of the F.I.R free of cost.
  • If the officer in-charge of the police station refuses to record the information, you can send the substance of such information, in writing and by post to the Superintendent of Police (SP) concerned. The SP is required to start the investigation himself or direct any other officer subordinate to him to start the investigation.

5. Do I have to pay for lodging an F.I.R?

No. You do not have to pay a single penny to lodge an F.I.R. It is free of cost.

6. What are the things I should ensure while the F.I.R is being lodged?

While lodging an F.I.R you must ensure the following:

  • There should be four copies being recorded simultaneously, with carbon sheets in place.
  • Language is important. It must be recorded in first person.
  • Try not to over write or score out.
  • Try to use simple words.
  • Ensure that the arrival / departure time is mentioned in the FIR and in the Daily Diary Register at the Police Station
  • Carefully read the document before signing.

7. What do I do if the police department does not consider my F.I.R?

If the officer in-charge of the police station refuses to record the information, you can send the substance of such information, in writing and by post to the Superintendent of Police (SP) concerned. The SP is required to start the investigation himself or direct any other officer subordinate to him to start the investigation.

8. What happens to the F.I.R finally?

  • When there is sufficient evidence a CHALLAN is prepared.
  • When there is insufficient evidence, F.I.R is declared as UNNTRACEABLE.
  • When FIR is found to be false or is transferred to other Police Station on point of jurisdiction, it is declared as CANCELLED.
  • After registering the F.I.R the contents of the F.I.R cannot be changed. Only High Court can quash the F.I.R.

Please also see/refer to the following for more information on this subject: