vishalbarot@hotmail.com
in Criminal Law
Asked April 29, 2016

Legal Advice On Snooping

  • 1 Answer
  • 165 Views

Hello, I m leaving with my family since last 10 year at one place. On my home leaving place i didn't fight with anybody in last 10 years. Few people of my society informed me that some one is trying to snoop and harm to you. I already identified that people and they will also know. They are behave like professional criminal even after know they are keep doing that work. It might be possible they can harm any body to my family. I have no any dispute with them at all in past years but for whom they are working and try to achieve wrong thing.  Give me an advice how can i write a latter (Not FIR) with this people name so in future if they can harm me or my family i will take legal action against them. At this time i didn't want to take any action but if they will harm then they will definitely go for jail.  How can i write a complain in police station so they are not get informed with this legal thing. I need to take action only that time when they are going to harm me. Otherwise keep as it is. I know for whom they are working but i need to assure my family safety. Thanks  

Answer 1

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Shreya Mishra
Offences, in India, are categorised into several types, the most common ones being cognizable and non-cognizable. Cognizable offences are those in which the Police can arrest the accused without a warrant. Such offences, generally include the serious offences like murder, kidnapping, rape, threats to national security etc. Non-cognizable offences, on the other hand are those where the Police cannot arrest without a warrant. A warrant from the Magistrate or other such authority is required. Examples of such offences will be criminal intimidation, trespassing, public nuisance, misappropriation of property etc. 1 In your case, no offence has been committed yet, but even if it is committed, it will fall under the ambit of non-cognizable offence. Now, a First Information Report (FIR) is only filed for a cognizable offence as laid down in Section 154 of the Code of Criminal Procedure. Therefore you do not need to file one. On the other hand, you can file a Non- Cognizable complaint, famously known as NCR. 2 This is provided under Section 155 of the Code of Criminal Procedure. It is also known as a Police Complaint in normal parlance. There would no investigation in such a complaint until the Magistrate orders it. In addition to this, the Police Complaint can be turned into a FIR if the matter proves serious. 3 You can also file a General Diary(GD) which is nothing but a record to maintain all the information about all the cases that are brought to the Police Station. 4 GD will record all the information about your case and no action will be taken against anybody, as you want. Since no crime is committed as of now, General Diary will be most plausible option available. This way, the Police will be aware that you apprehend such a danger and no legal action will be taken.       1 http://www.shareyouressays.com/115747/difference-between- cognizable-offences- and-non- cognizable- offences-explained 2 http://www.shareyouressays.com/115122/section-155- of-code- of-criminal- procedure-1973- cr-p- c-explained 3 http://www.differencebetween.info/difference-between- fir-and- police-complaint 4 http://lawfarm.in/tackling-police- oppression-refusal- and-recourse/
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