This article is written by Devashish Jain,  a student of UPES, Dehradun.

The following documents stipulates 10 general rights that every person should be aware of during the course of living. Most of the citizens are not aware of the general rights that are presented in the system for their benefit which has led to the exploitation of the general public by the administrator. This document will enumerate few of such general right

The main purpose of this is to bring awareness and educate the general public about their rights.

1. Right to FILE an F.I.R

 Any person who is the victim or witness of the incident or mishappening can file an F.I.R. but police can file an F.I.R only for the cognizable offences. Such cognizable offences include the incidents like rape, murder, attacks which includes force, theft etc. Though F.I.R have to be registered as soon as possible after the occurrence of the incident, though a small delay does not give the power to the administrator to put a bar from filing of the F.I.R. though as per the procedure the F.I.R is to be filed at the place of occurrence of the mishappening but there is no geographical bar on filling of an F.I.R at any other place during the course of emergencies, because as per the procedure, the F.I.R can be transferred from one police station to other only later. The procedure is well protected under section 154 Code of Criminal Procedure, 1973 for the purpose of filing of F.I.R for cognizable offences.

In case any police officer does not file the F.I.R for the cognizable offence, the victim can go to Superintendent of Police and write an application regarding the same. In case even he doesn’t take an action the victim has the power to go to the magistrate who will give order with regard to investigating the said case.

2. Arrest and investigation:-

 For the purpose of investigation and checking the premises of an individual, the police officer should have the warrant for the said purpose. So, for an instance, if a person is having a party in his/her house and in case police officer drops by at their door steps and ask them whether they can enter the premises. Generally people get scared for the said purpose and are left with no option but to allow them to enter the premises but as per the law any police officer cannot enter the house or the property of an individual without having the warrant for the same. But as far as arresting is considered for the purpose of the cognizable offences no such warrant is needed, but while arresting the person in case of incognizable offence there is a serious need of the warrant and no police officer can arrest the said person without having the warrant for the said purpose.

3. Right of women for arrest and enquiry

 As far as right of women are considered for the purpose of arrest, no male police officer can arrest the women for the said purpose and only a women officer is allowed to arrest a woman. Moreover, the woman can only be arrested by the women officer before the sunset and generally 5 p.m. is considered as a bar for the said purpose. Under section 160 of Code of Criminal Procedure, 1973 a women cannot be called at the police station for the purpose of inquiry. And for the purpose of investigation, enquiry where women are involved such enquiry must be conducted at her residence that too in the presence of the women constable at that time.

4. Cylinder explosion

In case of an explosion of the LPG gas cylinder and the person who has suffered the loss of property or life for the said purpose is entitled to get compensation of about 40 lakhs for the said purpose.

5. No liability for non-motor vehicle

In a recent judgment it was held that non-motorized vehicles do not fall within the category of motor vehicles act and thus are not entitled to pay any sort of penalties which is stipulated in Motor Vehicles Act, 1986 like crossing of red light etc. However, certain Police Acts/Municipal Acts have provisions for imposing penalty for offences like jaywalking, etc.

6. Free Legal Aid

Under Article 39-A of the Constitution of India, the government has enacted an act named Legal services Authorities Act, 1987 to provide free legal aid service to all those who cannot afford to opt for the services of lawyer. In the recent Delhi High Court judgment, it was held that in case any women come to file an F.I.R for Rape and she is not accompanied by the lawyer for the same. The SHO has to bring the same in the notice of the legal services Authority which in turn will arrange for the lawyer for the said purpose.

7. Produce before the magistrate in 24 hours

 In case of arrest of a person by a police officer in a cognizable offence the same person must be produced before the magistrate in 24 hours and failure to do so will lead to release of the said person no matter what was his offence.

8. Right to privacy while recording statement

As per section 164 of Code of Criminal Procedure, 1973, the statement of a rape victim can be given to the district magistrate in private and there is no need that the statement should be made in the presence of 3^rd person.

9. Woman to be searched by another woman: –

Under section 51(2) of Code of Criminal Procedure, 1973 when a woman is arrested, she is to be searched by another woman only and such search should also be with regard to strict decency.

Though the list continues but these are the few rights that every person should be aware of so that they aren’t subjected to exploitation by the police authorities.

Few of other law related information are as follows:-

1. In case the person has got a challan for certain offences under MV Act (like not having a DL/helmet) he won’t be fined again for the same till mid-night.
2. As per the Prevention of the corruption Act, if a person is found to be giving or taking bribe he will be penalized for the same.
3. As per the Delhi Police Guidelines, a woman can also file a complaint either through post or email.
4. India, though being a secular country respects all the traditions of various religious group, none of them promotes live-in relationship but the same is not barred by the judiciary till date in India. Even though it is criticized by various section of the society
5. In case an employee or any person who as per the contract is entitled to receive stipend or salary, if the same is not paid, the employee can file a case, but the same is also barred by limitation in case within 3 year of time the same is not filed.
6. No sex is a viable reason for divorce after the marriage is consummated. So for instance, if husband or wife refuse to have sex with his life partner without having any viable reason, it is a valid ground for filing of divorce
7. No person can be barred from entering a public place on the basis of religion, caste, sex, etc.
8. As per article 21-A, every person of age between 6 to 14 has the fundamental right to education
9. Under article 21, which constitutes right to life and live with dignity includes the right to privacy, livelihood, clean environment, etc.