Incorporated words used in 498a case

These are some of the terms you will come across all the time. for your convenience these explained here..

FIR: First Information Report

It is the information recorded by the police officer on duty, given either by the aggrieved person or any other person about the commission of an alleged cognizable offence. It is a public document. On the basis of the F.I.R. the police commences its investigation. If the officer in charge refuses to record the information, the information may be sent in writing and by post, to the Superintendent of Police who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him. The police are required to register every cognizable offence, such as 498a, by law.

Investigation

Investigation means search for material and facts in order to find out whether or not an offence has been committed. In criminal proceedings, once a Police Officer receives information about the commission of a cognizable offence, he is entitled to start investigation of the matter. Investigation includes all the proceedings of collection of evidence conducted by a police officer or by any person who is authorized by the Magistrate in his behalf. 

• No male under the age of fifteen years or woman shall be required to attend at any place other than where they reside.
• The police officer shall orally examine the person supposed to be acquainted with the facts and
• circumstances of the case.
•  A person is not bound to answer those questions, which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture
• No statement made by any person to a police officer in the course of investigation in writing shall be signed by the person making it.
• No police officer shall prevent any person from making in the course of any investigation any statement, which he may be disposed to make of his own freewill.
• Any police officer making an investigation may, by order in writing ask any person being within the local limits of his own or adjoining police station to come to the police station for questioning and it is the duty of the person called to report on the specified time and place.
• Such person is bound to answer truly all questions relating to the case put to him by the officer.
• No police officer or other person shall offer or make any such inducement, threat or promise to the person being questioned.

Charge sheet

When a Police officer submits 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.

Arrest

A person is considered to be under arrest if he or she is confined or kept in a police station or his movements are restricted to within the precincts of the police station.

Anticipatory Bail

Anticipatory bail is a direction by a court of law to release a person on bail, issued even

before the person is arrested.

Bail

Bail is money that is put up for the suspect to allow him or her to remain free until the completion of

the case. Bail basically creates a financial incentive for a suspect to appear in court. Failure to do so results in the loss of your bail money; you’ll also get a warrant for your arrest, and you can add bail jumping to your criminal charge too.

The Supreme Court Of India is the final arbiter over and interpreter, of all laws. The interpretation of laws is done through judgments. Here are some Supreme Court judgments that detail your Fundamental Rights and some other laws that will be useful in fighting your 498A.

The Doctrine Of Binding Precedent

The Supreme Court of India (UNION OF INDIA & ANR.Vs RAGHUBIR SINGH (DEAD) BY LRS.DATE OF JUDGMENT 16/05/1989) says that Article 142 of the Constitution declares that any order of the Supreme Court is enforceable throughout the territory of India and article 144 mandates that all civil and judicial authorities shall act in aid of the Supreme Court.

Here is an excerpt from this judgment:

“The doctrine of binding precedent has the merit promoting a certainty and consistency in judicial decisions, and enables an organic development of the law, besides providing assurance to the individual as to the consequence of transaction forming part of his daily affairs. And, therefore, the need for a clear and consistent enunciation of legal principle in the decisions of a Court.This implies that all judgments, except for those marked for exception, passed by the Supreme Court, are considered to be the law of the land and all branches of the government need to abide by them.

The Right To Due Process:

The Constitution Of India has given its citizens certain Fundamental Rights. A combination of these basic rights constitutes the right to due process. Due process is the idea that laws and legal proceedings must be fair and in accordance with the established lawful procedure. The Constitution guarantees that no government agency can violate these basic rights of a citizen.

The Supreme Court (E.g.: Citizen for Democracy through its, president Vs. State of Assam & Others: 1996 Cr.L.J. 3247) has warned that:

“Any violation of any of the directions issued by us by any rank of police in the country or member of the jail establishment shall be summarily punishable under the Contempt of Courts Act apart from other penal consequences under law (emphasis supplied)”.

Some of these constitutionally bestowed basic rights are:

• Article 14. Equality before law: The State shall not deny to any person equality before the law or the equal protection of the law within the territory of India.

• Article 20. Protection in respect of offenses:convicted of any offence except for violation of a law in force at the time of f the commission of the conviction for

a. No person shall be prosecuted and punished for the same offence more than once.

b. No person accused of any offence shall be compelled to be a witness against himself.

• Article 21. Protection of life and personal liberty: No person shall be deprived of his life or personal

liberty except according to procedure established by law.

1. No person who is arrested shall be detained in custody without being in be, of the grounds for such arrest nor shall he be denied the right to consult, and to by, a legal practitioner of his choice.

2. Every person who is arrested and detained in custody shall be produced before the nearest

magistrate within a period of 24 hours of such arrest excluding the time necessary for the journey

from the place of arrest to court of the magistrate and no such person shall be detained in

custody beyond the said period without the authority of a magistrate.

• Article 32. Remedies for enforcement of rights conferred by this Part:

1. The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this part is guaranteed.

2. The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part. Among all these rights, the police violate the right to life and liberty consistently.

If your fundamental rights are violated, you have the right to:

• Go straight to the High Court or even the Supreme Court of India.

• The Right to approach the Supreme Court in case of a violation is a fundamental right.