Nature of grievance

In cases where the Police refuses to register the FIR, or even otherwise, any aggrieved person instead of approaching police for registration of offence, may directly go to concerned Magistrates Court for the registration of offence and investigation.

There are several offences being defined under IPC and Prevention of Corruption Act, 1988, against Public Servants, and in relation to Public office. Depending upon the nature of acts and omissions attributed and alleged against the Public Servant, the applicable section may be invoked against him.

Sr. No.Offence
1IPC Section 119 against Public Servant concealing design to commit offence which it is his duty to prevent
2 IPC Section 120 against whoever including Public Servant concealing design of commission of offence
3 IPC Section 166 against Public Servant disobeying law with intent to cause injury to any person
4 IPC Section 166A(a) against Public Servant disobeying direction of law in respect of Summoning any person for the purpose of investigation
5 IPC Section 166A(b) against Public Servant disobeying direction of law in respect of investigation of any offence
6 IPC Section 166A(c) against Public Servant disobeying direction of law in respect of registration of F.I.R. in certain offences against Women
7 IPC Section 167 against Public Servant framing an incorrect document with intent to cause injury
8 IPC Section 213 against Public Servant for taking gifts etc. to screen / protect an offender from punishment
9 IPC Section 214 against Public Servant or any person for offering gift etc. to protect offender
10 IPC Section 217 against Public Servant for disobeying direction of law to save person from punishment or forfeiture of property
11 IPC Section 219 against Public Servant for corruptly making Report etc. in judicial proceedings contrary to law
12 IPC Section 220 against Public Servant for illegally sending for trial or to confinement
13 IPC Section 221 against Public Servant for intentional omission to apprehend
14 IPC Section 339 against Public Servant or whoever for wrongful restraint
15 IPC Section 340 against Public Servant or whoever for wrongful confinement
16 IPC Section 405 against Public Servant or whoever for criminal breach of trust
17 IPC Section 409 against Public Servant for criminal breach of trust
18 Prevention of Corruption Act, 1988, Section 7 against Public Servant for taking gratification other than legal remuneration
19 Prevention of Corruption Act, 1988, Section 8 for taking gratification by corrupt or illegal means to influence public servant
20 Prevention of Corruption Act, 1988, Section 9 for taking gratification for exercise of personal influence with Public Servant
Prevention of Corruption Act, 1988, Section 11 against Public Servant for Bribery Prevention of Corruption Act, 1988, Section 13 against Public Servant for Criminal misconduct

If the person Accused is apparently not directly involved in the alleged offence, but has caused the occurrence of the offence by way of indirect participation in the crime or otherwise, the criminal liability may be fastened upon such persons on the basis of sharing the “common intention” as suggested and defined u/s 34 of IPC; or by way of “abetment” as suggested and defined u/ss 107 to 116 of IPC; or by way of “criminal conspiracy” as suggested and defined u/s 120A of IPC, 1860. Read further at links below.

http://thepracticeoflawjalan.blogspot.in/2012/04/offence-common-intention-criminal.html http://thepracticeoflawjalan.blogspot.com/2013/01/abetment.html http://thepracticeoflawjalan.blogspot.com/2012/04/offence-criminal-conspiracy.html