NCR report is filed against me what should be the next step
14-Jun-2024 (In Criminal Law)
NCR at a police station means the police recorded the information as a non-cognizable report (a non-cognizable offence is one where police have no power to arrest without a magistrate's order), so the station must record the substance and refer/forward it to the Magistrate rather than investigate on its own (BNSS: definitions and procedure). To stop someone exploiting your mother for money, (1) obtain a copy of the General Diary/entry showing the NCR and ask the station in writing to register a cognizable FIR if the facts disclose offences such as cheating, criminal breach of trust or extortion under the Bharatiya Nyaya Sanhita (BNS); the Supreme Court requires registration of an FIR where information prima facie discloses a cognizable offence (Lalita Kumari). (2) If police refuse, file a complaint before the Magistrate (BNSS provides the route for non-cognizable information to be placed before Magistrate and for Magistrates to order investigation). (3) if the other person has filed false information against you, consider criminal complaint under BNS provisions on false information/false evidence (and seek Magistrate's direction) and civil remedies (maintenance/ injunctions) and approach District Legal Services/elder'protection bodies and police women's/senior'citizen cells for urgent protection. Key authorities: BNSS (definition of non'cognizable and procedure), Section 174 (information in non'cognizable cases) -https://sanhita.ai/en/bnss/chapter-1-preliminary/section-2-definitionschange and https://www.indialawacts.in/bnssSections.php#174; BNS (offences such as cheating and false information/evidence) -https://www.writinglaw.com/bharatiya-nyaya-sanhita/; Supreme Court: Lalita Kumari (registration of FIR where cognizable offence is disclosed) -https://theprint.in/theprint-essential/whats-lalita-kumari-case-sc-verdict-judge-muralidhar-held-up-as-model-for-delhi-police/372375/; arrest/handling guidelines -Arnesh Kumar v. State of Bihar -https://www.legalserviceindia.com/legal/article-6196-arnesh-kumar-v-state-of-bihar-2014-8-scc-273-landmark-ruling-on-misuse-of-section-498-a-of-the-indian-penal-code.html; for evidence law/rights consult the Bharatiya Sakshya Adhiniyam -https://sanhita.ai/en/bsa.
So, stop worrying and ask your mother to stop paying any money to her. NCR in police station does not hold the same legal weight as an FIR, and the police cannot take any major action without further approval from the court.
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