Judiciary UP

2022-02-23 05:42:51 #Motivation

" If you want to conquer fear, don’t sit home and think about it. Go out and get busy. "

" यदि आप भय पर विजय पाना चाहते हैं तो घर पर बैठ कर उसके बारे में सोचिये मत. बाहर निकालिए और व्यस्त हो जाइये" ~Dale Carnegie

Good Morning Open / Comment

2022-02-22 06:00:19 #FIR

What if the police refuse to register an FIR?

Under Section 154(3) CrPC, if any person is aggrieved by the refusal on the part of the officer in charge of a police station to register an FIR, she can send the complaint to the Superintendent of Police/DCP concerned.

Who, if satisfied that such information discloses the commission of a cognizable offence, will either investigate the case, or direct an investigation by a subordinate police officer.

If no FIR is registered, the aggrieved persons can file a complaint under Section 156(3) CrPC before a concerned court which, if satisfied that a cognizable offence is made out from the complaint, will direct the police to register an FIR and conduct an investigation.

Join @JudiciaryUP Open / Comment

2022-02-22 05:49:17 #FIR

What happens after an FIR is filed?

The police will investigate the case and will collect evidence in the form of statements of witnesses or other scientific materials.

They can arrest the alleged persons as per law.

If there is sufficient evidence to corroborate the allegations of the complainant, then a charge sheet will be filed. Or else, a Final Report mentioning that no evidence was found will be filed in court.

If it is found that no offence has been committed, a cancellation report will be filed.

If no trace of the accused persons is found, an ‘untraced’ report will be filed.

However, if the court does not agree with the investigation report, it can order further investigation.

Join @JudiciaryUP Open / Comment

2022-02-22 05:39:31 Open / Comment

2022-02-22 05:38:57 #Motivation

“आपके विचार अच्छे हों, तो वे आपके चेहरे से सूरज की किरणों की तरह चमकेंगे और आप हमेशा खूबसूरत दिखेंगी/दिखेंगे."

“If you have good thoughts they will shine out of your face like sunbeams and you will always look lovely.”~Roald Dahl

Good Morning Open / Comment

2022-02-21 06:10:59 #FIR
First Information Report (FIR)

First Information Report (FIR) is a written document prepared by the police when they receive information about the commission of a cognizable offence.

It is a report of information that reaches the police first in point of time and that is why it is called the First Information Report.

It is generally a complaint lodged with the police by the victim of a cognizable offence or by someone on his/her behalf. Anyone can report the commission of a cognizable offence either orally or in writing.

The term FIR is not defined in the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC), 1973, or in any other law.

However, in police regulations or rules, information recorded under Section 154 of CrPC is known as First Information Report (FIR).

There are three important elements of an FIR:

The information must relate to the commission of a cognizable offence,

It should be given in writing or orally to the head of the police station,

It must be written down and signed by the informant, and its key points should be recorded in a daily diary.

Join @JudiciaryUP Open / Comment

2022-02-21 06:04:18 #Motivation

It is my conviction that there are no limits to learning, and that it can never stop, no matter what our age.

"ये मेरा दृढ विश्वास है कि सीखने की कोई सीमा नहीं है, और सीखना कभी रुक नहीं सकता, चाहे आपकी उम्र जो भी हो" - Cristiano Ronaldo

Good Morning Open / Comment

2022-02-20 06:41:53 #Day

20 फरवरी : विश्व सामाजिक न्याय दिवस (World Day of Social Justice)

20 फरवरी को विश्व सामाजिक न्याय दिवस (World Day of Social Justice) के रूप में मनाया जाता है, इसका उद्देश्य निर्धनता, बेरोज़गारी तथा परित्याग की समस्या का सामना करना है।

इस वर्ष विश्व सामाजिक न्याय की थीम “Achieving Social Justice through Formal Employment” है। Open / Comment

2022-02-20 06:20:17 #Refugees

India’s Refugee Policy

India lacks specific legislation to address the problem of refugees, in spite of their increasing inflow.

India is not a party to the 1951 Refugee Convention and its 1967 Protocol, the key legal documents pertaining to refugee protection.

Moreover, the Foreigners Act, 1946, fails to address the peculiar problems faced by refugees as a class.

It also gives unbridled power to the Central government to deport any foreign citizen.

In spite of not being a party to the 1951 Refugee Convention and its 1967 Protocol, India has had a stellar record on the issue of refugee protection.

India has a moral tradition for assimilating foreign people and culture.

Further, the constitution of India also respects the life, liberty, and dignity of human beings.

The Supreme Court in the National Human Rights Commission vs. State of Arunachal Pradesh (1996) held that “while all rights are available to citizens, persons including foreign citizens are entitled to the right to equality and the right to life, among others.”

Further, Article 21 of the Constitution encompasses the right of non-refoulement.

Non-refoulement is the principle under international law which states that a person fleeing persecution from his own country should not be forced to return to his own country.

Join @JudiciaryUP Open / Comment

2022-02-20 06:14:50 #Refugees

Current News

The National Human Rights Commission (NHRC) recently held a discussion on “protection of the basic human rights of refugees and asylum seekers in India”.

Many participants raised the issue of India not having a specific law for refugees and asylum-seekers.

The discussion noted that, though India has not signed the United Nations Refugee Convention, 1951, the refugees and asylum seekers are entitled to the rights in Articles 14 (Right to Equality ), 20 (Protection with Respect to Conviction of Offenes) and 21 (Right to Life) of the Constitution.

Join @JudiciaryUP Open / Comment