CRPC - F.I.R

First information report (F.I.R) Sections: 154-156.

A police officer who receives information of any cognizable offence being committed or been committed then he shall file a first information report F.I.R. Any person who has information about any cognizable offence committed then he can go to a police station and give the station in charge the information ,who shall file a F.I.R based on the information.

It has to be understood the F.I.R does not have any evidenciary value, it has can only be used to corroborate or contradict evidence produced under the Indian evidence act.

Delay in filing F.I.R is tolerated. For eg: A was attacked by 4 people and was grievously injured. A's relatives who were witness took him to the hospital immediately and filed the F.I.R only the next day, the police officer cannot refuse to file the F.I.R citing that it is delayed. The responsibility of A's relative was to save his life at that time and not give information to the police. Therefore its ok that the F.I.R was filed a day later. 

A police officer cannot refuse to file an F.I.R , a complaint can be given about the concerned officer who refuses to file an F.I.R in a case. Once a F.I.R is filed the copy has to be given to the informant free of cost.

F.I.R does not make any person guilty or not guilty. It just records information about the alleged commission of a cognizable offence.

A police officer carries out the investigation based on the F.I.R. After the investigation is completed and the charges are definite against the accused then a charge sheet is filed against the accused by the public prosecutor in charge of the said case.

Juvenile Justice (Care and Protection of Children) Act,2000

The Juvenile justice act is the talk of the day after the Delhi Gang Rape incident, as one of the rapists, who was also the most brutal one among them is a juvenile and might escape harsh punishment.

Following are the features of the JJ Act for those who are interested and for those who are not interested but would have to read it anyway to get that 40 % to get your degrees :

1) The juvenile justice care and protection of children act replaced the erstwhile juvenile justice act 1986.

2) The JJA 1986 defined a boy who is 16 y.o.a and below as a juvenile and girl who is 18 y.o.a and below as a juvenile, The 2000 act repealed this and made a uniform 18 years of age for being a juvenile.

3) Certain definitions were replaced, such as a Juvenile delinquent was made into a juvenile in conflict with law.

4) Neglected juveniles are to be called as juvenile in need of care and protection.

5) The juvenile welfare boards and juvenile courts were made into child welfare committee and juvenile justice boards.

6) The 2000 act introduced the concept of adoption which was missing in the 1986 act.

For those who are wondering who a neglected juvenile/child in need of care and protection is, no its not a juvenile who didnt get access to an android phone, A neglected juvenile is :

1) One who is found begging.

2) Who is a destitute.

3) Parent or guardian is unfit or incapacitated to exercise control over the juvenile.

4) Lives in a brothel or with a prostitute or frequently goes to any place used for purpose of prostitution or is found to lead a life associated with a prostitute or a depraved life or with a drunkard.

Juvenile justice board :

Every district shall have a juvenile justice board for exercising powers relating to juvenile in conflict with law.
The board shall consist of a Metropolitan Magistrate, or a Judicial Magistrate of the first class, as the case may be.
No Magistrate can be appointed unless he has expert knowledge in child psychology.
No social worker shall be admitted to the board unless they have experience for atleast 7 years in health, education or welfare activities pertaining to children.

Powers conferred on the Board can be exercised by the high court or by the court of sessions in appeal, revision or otherwise.

When a magistrate who is not empowered to exercise the functions of the board is of the opinion that the person brought before him is a juvenile, he shall without any delay forward the person to the appropriate authority having jurisdiction over the proceedings.

Even if its discovered at a later stage of the case, or after disposal of the case that the person was a juvenile at the time of commission of the offence then the sentence passed shall have no effect and the person shall be forwarded to the board.


Orders which can be passed regarding the juvenile :

1) Allow juvenile to go home after advice and counseling .

2) Direct the juvenile to participate in group counseling or other activities.

3) Order Juvenile to perform community service.

4) Direct juvenile to be released for good conduct.

5) No case can a sentence exceeding 3 years can be passed.

6) Direct the juvenile to be sent to a special home for a period not exceeding 3 years.

A social investigation report shall be filed on the juvenile which is done on the findings of a probation officer or any other authorized person.

The juvenile shall be sent to an observation home while there is an inquiry pending against him

Such observation home shall be set up in every district by the government or by a voluntary organisation in collaboration with the government.

A special home shall be set up where the juvenile is sent once he/she is found guilty and is sentenced. In no case can a Juvenile be held in a special home exceeding 3 years.

The objective of the home is rehabilitate the juvenile in conflict with law or juvenile in need of care and protection.

Following are the various punishment given out regarding juveniles:

1) Punishment for cruelty to juvenile.

2) Punishment for employing child or juvenile for begging.

3) Penalty for giving intoxicating substances to a juvenile.

4) Punishment for exploitation of juvenile or child employee.

5) All the above offences are cognizable offences.


6) Alternative punishment.- Where an act or omission constitute an offence punishable under
this Act and also under any other Central or State Act, then, notwithstanding anything contained
in any law for the time being in force, the offender found guilty of such offences shall be liable to
punishment only under such Act as provides for punishment which is greater in degree.

Rehabilitation and social integration:

The objective of the special homes are to rehabilitate and socially integrate the juvenile delinquents. Alternatively the following can be used to rehabilitate and socially integrate juveniles.

1) Adoption:

Orphaned, surrendered and abandoned children can be given up for adoption by following the requisite provisions.

No child can be given up for adoption:

unless two members of the committee declare that the child is legally free to be adopted. This is done in case of abandoned children.

2 months have to elapse since the parents agreed to surrender their children.

a child who is capable of understanding things, that child's consent too must be taken.

The court can give a child for adoption irrespective of marital status, irrespective of the sex of the person adopting, and also children can be given up for adoption to childless couples.

Foster care:

Foster care is a temporary set up. Which is done for temporary placement of children who are to be given up later for adoption.

The state government can make rules for foster care and adoption . 

A child placed in foster care can be visited by the original parents of the child. Depending on the situation the child can go back to his own home.

Sponsorship:

A sponsorship scheme can  be given to the adopted children and the families so that educational, medical and nutritional requirements of the child can be met. A individual sponsorship,group sponsorship or a community sponsorship can be arranged.

The state government makes the rules regarding the sponsorship.

After care organisation:

A child who leaves the special home can be sent to the after care organisation. Such organisation helps the Juvenile in achieving an industrious life and shall help him in not committing offences again.

No juvenile shall be made to stay in an after care organisation for more than three years.

A juvenile who is more than 17 but less than 18 can stay till he is 20.

Industrial employment standing orders act 1946

Features and applicability of the act :

1) Applies to the whole of india 

2) Applies to and industrial establishment employing 100 or more workmen. 

r has employed 100 or more workmen during the preceding 12 months.

3) The act enables the appropriate government to apply the act to any industrial employing less than 100 workmen provided 2 months notice has been given to that Industrial undertaking.

4) The act cannot take away better benefits given to employees under previous enactments.

Appellate authority :

There shall be an appellate authority constituted under the act with a specific jurisdiction to whom the appeals can  be filed. Such authority is appointed by the appropriate government by notification in the official gazette.

Certifying officer :

Any labour commissioner or regional labour commissioner can be appointed as a certifying offficer for the purpose of this act.

Draft standing orders :

1) any industry to which the act applies shall submit draft standing orders to the certifying officer withing 6 months .

2) 5 copies of such draft standing orders are to be submited to the certifying officer.

3) Shall contain details of the employees and details of trade unions if any.

4) A group of employers in a similar establishment can submit a joint standing order.

5) Such draft orders can be certified provided they are in conformity with the act, have provided for all the provisions of the act, its for the certifying officer to judge the fairness of the provisions.

6) The certifying officer shall make an entry in the register and file a copy of the same. Such copy can be obtained on payment of a fee.

Modification of standing orders :

The standing orders in order to be modified should not have been modified in the last 6 months. And it shall not be modified again except with the permission of the employer and employee.

Subsistence allowance:

A subsistence allowance is payable @ the rate of 75 % to an employee who is suspended while there is an inquiry pending against him regarding charges or complaints of misconduct.

Any dispute in this matter shall be referred to a labour court.

If the employee is entitled to a better allowance under any other act then he shall be eligible for the same.

Penalties :

1) For not providing for the act.

2) For contravening the provisions of the act.

3) Failure to submit draft standing orders.

4) For not adhering to the model standing orders.

5) No suit can be instituted without the support of the appropriate government.

Note :

The appropriate government can exempt any Industry from the provisions of this act.

The schedule of the model standing orders contains the following :

1) classification of workers .

2) Period and hours of work, holidays, pay days and wage rates.

3) Shift working.

4) Attendance.

5) Leave and holidays.

6) Closure or reopening of a section or unit.

7) Termination.

5) Suspension & dismissal for misconduct.

6) Requirement to enter premises.

7) Means of redress against unfair treatment.

8) Other matters as may be prescribed by the appropriate government.