Do I Have To File An FIR If I Lost My Driving License?

If your wallet or purse has been stolen or lost and Government documents such as your Driving Licence, PAN Card or so on was in it then, yes you should register an FIR. To get your Driving Licence or PAN card reissued this FIR will have to be submitted to the respective government authority.

The police may at times refuse to register an FIR for this and just give you a written confirmation that these documents were stolen/lost. But in any case, it is good to report the loss or theft to avoid any future hassles.

Where Do I File An FIR?

Brief Overview Of An FIR

Police Field Operations

Helping road accident victims without any consequences

A total of 4,69,882 people have been injured in road accidents in 2013 and 1,37,423 people have died in motor vehicle collisions. Many of these lives could have been saved, if they had received timely help. But due to the apathy of society many people just passed by people as they lay in critical conditions.

This apathy is mostly due to people being scared of police and legal proceedings hence hesitating to get victims the help they require.

Save LIFE Foundation to help good samaritans and bystanders in such situations filed a petition in 2012 and during the hearing of this petition the Supreme Court instructed the Government of India to pass guidelines that would encourage bystanders to help victims of accidents.

The guidelines which were finally notified on 13th May 2015 by the Ministry of Road Transport and Highways are as follows-

1. A Good Samaritan who takes an accident victim to a hospital will not be asked any questions and can leave immediately. He/she cannot be forced to stay unless they are an eyewitness in which case only their address can be noted.

2. A bystander for helping the accident victim could be rewarded by the State government so as to encourage others to come to the rescue of accident victims.

3. The Good Samaritan will NOT be held for any criminal or civil liability.

4. A bystander who calls the police or emergency service to the site of a road accident does not have to reveal his name or any other personal details on the phone or in person.

5. In the Medico Legal Forms which are provided by hospitals, it is optional for good Samaritans to submit their personal information.

6. Disciplinary or departmental action shall be taken against those officials who coerce a bystander for revealing his/her personal details.

7. If a bystander voluntarily states that he/she has been an eyewitness to the accident he/she can be examined as part of the investigation by police or during trial but this can be done only once, for which the State Government shall develop Standard Operating Procedures to ensure that the Good Samaritan is not harassed.

8. The examination can be done only under Section 284, of the Code of Criminal Procedure 1973 or formally on affidavit as per section 296 of the same Code. Standard Operating procedures developed specifically for this will have to be followed.

9. A Good Samaritan or the people referred to in the above point can be examined through video conferencing in order to protect him/her from harassment or any inconvenience.

10. The Ministry of Health and Family Welfare will issue guidelines which will prevent public and private hospitals to not detain bystanders or good Samaritans or ask them to pay for registration and admission costs unless he/she is a family member of the injured who has to be treated immediately.

11. If a doctor fails to act to help an accident victim when he is expected to provide care, his actions will be seen as “Professional Misconduct” as prescribed by the Indian Medical Council Regulation 2002 and disciplinary action will be taken against them.

12. All hospitals will put up a notice at their entrances in English, Hindi and the vernacular language of the State or Union Territory stating that no good Samaritan will be asked to provide his/her personal details or pay money for the admission of the victim.

13. If the Good Samaritan requires an acknowledgement to confirm that he/she has brought the injured person to the hospital with the details of time and place, the hospital shall oblige and the acknowledgement can be prepared in accordance to the format prescribed by the State government.

14. All public and private hospitals will immediately enforce the above guidelines, failure of which will lead to action being taken against them.

15. A letter with these guidelines shall be issued by the Central and State Government and will be circulated to all hospitals and institutions in their area. The Ministry of Health and Family Welfare and Ministry of Road Transport and Highways shall also publish advertisements in all national and regional newspapers including electronic media.

Recent surveys conducted and case studies have shown how hesitant people are to help victims but with the above guidelines we can hope that the number of deaths due to road accidents will be considerably reduced.

Sources:

Logical Indian

Egazette

Procedure Of Filing An FIR

Procedure For Arrest

Police must tell the individual the reason for his/her arrest at the time of making the arrest

•  A police officer must be in full uniform with nameplate when making an arrest 

•  If the accused person goes willingly with the police, then no restraint can be used

•  The police must prepare an Arrest Memo at the time of arrest or as soon as they enter the police station with the accused

•  The Arrest Memo must contain the name of the arrested person, the FIR number, the crime for which he/she is being arrested, the time, date and place of arrest

•  The Arrest Memo must be signed by two independent witnesses

•  If desired, the arrested person can demand that the police record his/her physical condition on arrival at the police station

•  Family members have the right to accompany an arrested person to the police station

•  Any arrest made must be recorded at the police station in a special register and the District Control Room must be informed about it

•  An arrested person must be produced before a Magistrate within 24 hours of the arrest. This is compulsory and mandated by law

One should ensure that the two witnesses who sign the Arrest Memo are independent of police influence. The witnesses should preferably be family members or friends. Accompanying policemen or other police who are present at the station are not independent witnesses.

Arrest Memo

The memo of arrest must detail the name of the arrested person, the time, date and place of arrest along with reasons for the arrest and what the suspected offence is.

An Arrest Memo or ‘Memo of Arrest’ is a document that the police must file at the time of arrest or immediately on bringing the arrested person back to the police station. It acts as a safeguard against illegal detention by the police.

It has to be signed by the police, two independent witnesses and the arrested person in order to ensure that the memo accurately details all of the facts.

It is very important to check the date and time of arrest as entered by the police on the arrest memo before signing it. If the police detain an arrested person for more than 24 hours before producing him/her before a magistrate, the arrest memo will be proof of police misconduct.

Arrest Of Women

No woman can be arrested between sunset and sunrise unless there are extraordinary reasons for doing so. Even then, special permission must be got in writing from a magistrate. A woman police officer must be present when the arrest is made.

Can The Police Make An Arrest Without A Warrant?

Keep in mind that just being named in an FIR is not reason enough for the police to arrest you. The lack of this knowledge by the general public is often misused.

If someone is named in an FIR the police must conduct preliminary investigations and collect some real evidence against the person before arresting them.