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Sunday, March 01, 2009

Procedure of Filing an FIR - For women in case of an attack

Dear Readers/Visitors of this Blog,

Considering the recent attacks on young women in Bangalore, I am posting the following information. Do read it and then forward it to those whom you know would find it useful as awareness or as useful. I thank Neeti Mahesh for the information
As the number of incidents of attack on women are increasing in the city, this document could be a reference for people who are unclear about the procedure to be followed to report the same.

In the situation where you witness or are involved in such an incident, please do not hesitate to report it to the Police. These reports can make a lot of difference in helping the Police with putting in place ways to reduce these incidents. It may be noted that at the time of filing an FIR, a large group of people[Say 5-10] accompanying you will make some difference and have some leverage.. The person reporting the incident has to know the Difference between actually filing an FIR and filing a Complaint.. Police often do not record such incidents as FIR but just as a complaint.. An FIR would help consolidate and track such incidents by a higher authority.

Difference between an FIR and a Complaint :

An FIR induces further investigation into the incident [Either by a Magistrate Court or a Higher Court] and a "Police Complaint" is/may be handled locally by the station.

General Procedure of Filing an FIR :

1. Any case which involves an attack on Women will automatically become a Cognizable Offence["Cognizable Case" Means a case in which a Police Officer may in accordance with the first schedule or under another law for the time being in force arrest without a warrant]

2. Certain things that are absolutely mandatory are

a. Incident Date
b. Time of the Incident
c. Place of Occurrence of the Incident
d. Facts related to this
e. Witnesses[If any]
f. Documentation[If any]
g. Description of Assailants[Can be Voice, Height, Build, Clothing Information, anything]

3. The person reporting the incident HAS TO BE willing to identify suspects on being called on a later on date and time.. This should be made known in your FIR.

More Information That You Need To Know :
[These details are present in a Book - Criminal Procedure Code which SHOULD/MUST be available at any police Station]

1. As a person reporting the incident, it would be safer to verify the IPC under which your incident/case is being filed under..
Following are some of the Indian Penal Codes for your Reference :

a. 319 : Hurt
b. 320 : Grievous Hurt
c. 321 : Voluntarily causing hurt
d. 322 : Voluntarily Causing Grievous Hurt
e. 323 : Punishment for voluntarily causing hurt
f. 324 : Voluntarily causing hurt by dangerous weapons or means
g. 326 : Voluntarily causing grievous hurt by dangerous weapons or means
h. 307 : Attempt to Murder

All of the above Codes are well explained in the IPC under the link given below :

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