FIR Current Affairs - 2020

MP, the First State to launch innovative Scheme “FIR Aapke Dwar Yojana”

On May 11, 2020, the Madhya Pradesh Government has launched “FIR Aapke Dwar Yojana”.

Highlights

The scheme has been launched in 23 police stations as a pilot project. This includes both rural and urban areas.

Features of the scheme

Under the scheme, a person need not go to the police station to dodge a complaint. The scheme has deployed the head constables to register the complaints from the people. The scheme will also enable on spot FIR registrations. When the complaints are serious, they will be forwarded to senior officers.

Along with the scheme, the Home Minister of the State also launched a helpline, “Dial 112”. This will provide in instant ambulance services, fire fighting services and also will enable to contact the police within a short period of time.

Other important Facts

Madhya Pradesh is the first state in the country to launch such an innovative scheme on police subject. It is to be noted that Police is State subject. The scheme was launched by the Home Minister of Maharashtra Sr Narottam Mishra.

FIR

FIR is First Information Report. The concept of FIR is followed in South East and South Asian countries including Pakistan, India, Bangladesh, Singapore, etc.

Legality of FIR

The Constitution of India does not provide any rights over FIR. FIR and its legality is defined by the  Section 154 of The Code of Criminal Procedure, 1973.

Supreme Court refuses to stay amendments to SC/ST Act

The Supreme Court has refused to stay the amendments to Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Bill, 2018. These amendments were brought in to nullify the safeguards instituted by the Supreme Court to prevent its misuse.

Safeguards proposed by Supreme Court

Expressing concerns over the misuse of the various provisions under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, the Supreme Court had proposed following safety mechanisms:

  • Provision of anticipatory bail.
  • Approval of Senior Superintendent of Police to arrest those accused under this act.
  • Deputy Superintendent of Police (DySP) to conduct a preliminary enquiry to find out whether there is a prima facie case under Act.

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2018

The 2018 amendment act was proposed to nullify the safeguards proposed by the Supreme Court. The amendments proposed were:

  • Investigating officer will not require the approval of any authority for the arrest of an accused.
  • Preliminary enquiry will not be required for the registration of a First Information Report against a person accused under the Act.
  • Persons accused of committing an offence under the Act cannot apply for anticipatory bail.

To avoid any ambiguity the act proposes that these provisions apply despite any judgments or orders of a court that provide otherwise. These amendments to the prevention of atrocities act were questioned in the Supreme Court as ultra vires.