Resources for Readers
Harassed by police or bureaucrats? Here are some tools that can help you out:
RTI sample application- A study showed done by Yale University in a Delhi slum showed that RTI works as efficiently as a bribe in getting a public work done. So why give money? File your first RTI today with this sample application.
Get FIR filed- Police refused to file an FIR? Force it on them via court. Any person aggrieved by refusal on the part of a police officer can complain to the Superintendent of Police. If no action is taken even at this level, a complaint can be filed with the concerned Judicial Magistrate (First Class). A stamped copy of FIR has to be made available by the police to the parties concerned free of cost. A duplicate copy can also be requested from court.
Moreover, the Supreme Court has asserted time and again that police have to register an FIR even in cases where the information regarding a cognizable offence is provided through a simple letter sent by post. It can also be done on the basis of a telephone call. In addition, police can’t pressurise you to enter into a compromise with another party especially if the offences are compoundable under Section 320 of the Code of Criminal Procedure. Get a list of compoundable offences here:
How an arrest can be made: Under the Code of Criminal Procedure, a police officer can only investigate a case or make an arrest if the offence is cognizable. While making an arrest, the police officer is required to prepare a memorandum of arrest attested by a family member of the person being arrested or a respectable member of the locality and countersigned by the person arrested. In case of a non-cognizable offence, a written order from a magistrate or warrant is required before proceeding with investigations.
The person so arrested has to be brought before the magistrate within 24 hours excluding the travel time. Get a list of cognizable and non-cognizable offences here:
How to file a PIL: A public interest litigation (PIL) can be filed like a writ petition. However, in the past Supreme Court has even treated letters addressed to the court as PIL. In People’s Democratic union v Union of India case, a letter seeking a direction for ensuring observance of the provisions of labour laws was regarded as a PIL. Make sure to issue a legal notice to the concerned parties before filing a PIL. If you are filing a PIL against any government authority, better issue a notice to the concerned department at least two months prior. However, if the litigation concerns violation of a fundamental right, it’s not essential to issue a notice.
Complain to CBI against corruption: http://cbi.nic.in/contactus/contact.php
Complain to Central Vigilance Commission:
For online complaint: http://22.214.171.124/portal/index.jsp or call at Toll Free No: 1800-11-0180 (for BSNL, MTNL & TTL users throughout India and all operators in Delhi Helpline No: 011-24651000