Dear Ajay To a) be a law abiding citizen (like you or me), or b) a scofflaw (like those 11 persons)
you must first know the law. http://www.vakilno1.com/bareacts/CrPc/Criminal-Procedure-Code-1973.htm http://nrcw.nic.in/shared/sublinkimages/59.pdf Section 39 CRPC (Code of Criminal Procedure) puts the burden of informing the nearest Police Officer of certian (serious) offences on every person within the territorial limits of India. ie, the person must prove that he/she informed the police. The sec tion reads as follows:- "39. Public to give information of certain offences. (1) Every person, aware of the Commission of, or of the intention of any other person to commit, any offence punishable under any of the following sections of the Indian Penal Code (45 of 1860), namely. (i) Sections 121 to 126, both inclusive, and section 130 (that is to say offences against the State specified in Chapter VI of the said Code); (ii) Sections 143, 144, 145, 147 and 148 (that is to say, offences against the public tranquillity specified in Chapter VIII of the said Code); (iii) Sections 161 to 165A, both inclusive (that is to say, offences relating to illegal gratification); (iv). Sections 272 to 278, both inclusive (that is to say, offences relating to adulteration of food and drugs, etc.); (v) Sections 302, 303 and 304 (that is to say, offences affecting life); 1[(va) section 364A (that is to say, offence relating to kidnapping for ransom, etc);] (vi) Section 382 (that is to say., offence of theft after preparation made for causing, death, hurt or restraint in order to the committing of the theft); (vii) Sections 392 to 399, both inclusive, and section 402 (that is to say, offences (if robbery and dacoity); (viii) Section 409 (that is to say, offence relating to criminal breach of trust by public servant, etc.); (ix) Sections 431 to 439, both inclusive (that is to say, offence of mischief against property); (x) Sections 449 and 450 (that is to say, offence of house-trespass); (xi) Sections 456 to 460, both inclusive (that is to say, offences of lurking house trespass); and (xii) Sections 489A to 489E, both inclusive (that is to say, offences relating to currency notes and bank notes). Shall, in the absences of any reasonable excuse, the burden of proving which excuse shall lie upon the person so aware, forthwith give information to the nearest Magistrate or police officer of such Commission or intention; (2) For the purposes of this section, the term "offence" includes any act committed at any place out of India, which would constitute an offence if committed in India." It is pertinent that I had instructed Mr Krishnarao on this section on this group, whereafter he left the group (although we are now RTI friends again). Offences like "unlawful assembly", rioting, conspiracy, etc all fall within this clause - being offences against the public tranquility. Every law abiding member of the public is REQUIRED BY LAW (which I have cited) to "inform the police" or else to face the consequences. "Informing" the police des not constitute a "decision" or a crime. Some of India's greatest scoundrels like Mahatma Gandhi, and Motilal Nehru were registered professional police informants (Mr D.F Karaka had published the Police documents in "Current" in the 1970's well before RTI Act was conceived). When you "inform" the Police, you are NOT filing a "complaint". In this case there is no "complaint". Somebody "informed" the police of commission of various "cognisable" (ie. offences for which a police officer may arrest without warrant) offences. The Police then registered the case and forwarded the "arrested offenders alongwith "police report" to the ilaqa (area) magistrate who took cognisance of the police report. So this is NOT a "complaint case" but it is a "police report" case. A "complaint" is information given to a magistrate and includes information concerning the non-cognisable cases also. Anyway, I think it is very good if everyone learns the law BEFORE breaking it OR (preferably) BENDING it to one's advantage. Lastly, the "affected" 11 persons will know the reasons by now, as they are now all felons / under-trials. Sarbajit --- In [email protected], "Ajay Madhusudan Marathe" <bokada...@...> wrote: > > Sarabjit ji, > > 1) RTI filed with Police today via courier ( they will receive it on Monday) > > 2) I meant decision by SIC to file complaint with police about the activists. > Is it not a decision of SIC for which the reason are to be provided to > affected persons ? > > Thanks & Rgds >
