Sunday, December 12, 2010

Yesterday was World Human Rights day. A little about our rights...

Access to Justice and Fair Treatment

The victim of a crime sets the criminal justice mechanism in motion, by giving information to the police which is expected to reduce it to writing. The victim as an informant is entitled to a copy of the FIR “forthwith, free of cost”. 
Where the officer in charge of a police station refuses to act upon such information, the victim can write to the Superintendent of the Police who is then expected to direct investigation into the complaint. Failing these mechanisms, the victim can give a complaint to a Magistrate, who will in turn examine the complainant on oath and enquire into the case herself or direct investigation by the police before taking cognizance.The victim thereafter does not participate in the investigation except by being called to confirm the identity of the accused or the material objects, if any, recovered during the course of investigation.

Source- Forthcoming in National Human Rights Commission Journal (2004) 
S. Muralidhan

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