How to Register a Cooperative Society

Registration of Societies

RCPS Act Notification

List of Documents required to be submitted for Societies:

 

Checklist

List of common documents to be submitted by all types of societies

S. No. Name of Document
1 Signed copy of Form – A (Rule – 3) for Registration
2 Signature of Main Promotor in application & Signatures of minimum 10 persons from different families (or representatives of minimum 10 societies in case of federal society) who are eligible for becoming member of the Society
3 Certified copy of resolution authorizing the Main Promoter to sign the application for registration (Section – 8 (3))
4 Certificate by Police Station stating that the Main Promoter and members signing the application are not involved in criminal activity.
5 Certificate by District Central Cooperative Bank regarding Bank Balance (Rule – 3 B)
6 list of members/promotors with contribution towards share capital & admission fee
7 Project Report (The scheme showing the details explaining how the working of the society will be economically sound and, where the scheme envisages the holding of immovable property proposed to be purchased, acquired or transferred to the society)
8 No Objection Certificate from other Societies working in the area of operation

  • Not required iff same type of society is not existing in the area of registering society.
9 Opinion of the Federal Society relating to Financial viability (It may apply to the cooperative credit structures)
10 Certificate stating that 10 promotors are from different families and are residing in the area of operation of the Society (Certified copy of the Certificate by Talati / Chohra)
11 Four copies of proposed by-laws of the Society (with signature of all promoters)
12 Every proposed society has to pass the following resolutions (before filing the application for registration of society) And issue affidavit on Rs. 20 Stamp Paper (1 TO 6 resolution)

  • Appointment of Chairman of the meeting
  • Appointment of Main Promotor
  • Resolution regarding delegation of power for collecting Share Capital
  • Resolution regarding delegation of power for signing Certificates and Undertakings
  • Regarding selection of promotors and delegate the power to for signing By-laws
  • Regarding finalizing name of the Proposed Society and its area of operation.
  • Certificate by main promoter stating that no members of the society has any bad overdue debt of any other society
  • After registration only those persons include except have been the qualifiers as mentioned in By-laws.
  • Undertaking by main promoter stating that If Registrar suggests some modification in By-laws, then it shall be sanctioned in first general meeting of Society.
  • Affidavit by the Main Promoter declaring that members of proposed society are not member of other Societies having similar objectives.

List of Documents required to be submitted for specific Societies:

Industrial Cooperative Societies

S. No. Name of Document
1 Experience certificates of members about work related to objectives of the Society
2 Undertaking by main promoter assuring that the Society will get building for its activities
3 Undertaking by main promoter that tools available with the Society for carrying out work activities as per the objective of the Society.
4 Technical Opinion in cases whether required.

Labour Society

S. No. Name of Document
1 There should be atleast 50 members and Promotors should not be contractors.
2 Copies of Ration card and / or Aadhar card for residential proof
3 Certificate regarding population of the area of operation from Talati cum Mantri
4 Certificate by the Executive Engineer regarding society will get sufficient civil work after registration.
5 Certificate by the Competent Authority – Members are beneficiaries of Integrated Rural Development Program (BPL)
6 Certificate by the Roads and Building Department that members / Promotors are not associated with other Society and are not contractors

Agriculture Credit Cooperative Society Service / Multipurpose Agriculture Cooperative Credit Society

S. No. Name of Document
1 Farmers, Khatedars, rural artisans, farm labourers, members of Scheduled Caste are to be member of Society. There should be 15 Farmer Khatedar members and Society can be enabled to loan Rs 2 lakhs.

  • Latest 7/12 of Farmers (Khatedars) to be submitted.
2 Was there any Service Society in the area of operation? If Yes, Names:
3 If any of the above society had gone under liquidation then

  • Yes
  • No

If Yes, Names

4 Proof of amount deposited in bank
5 Bank Balance Certificate
6 Account statement of Income and Expenditure
7 Undertaking by the main promoter stating that “We will align with District Central Cooperative Bank (DCCB) and seek loans for the members”
8 Notes of proceedings of the General Meeting held for forming of the Society
9 Proof of residence of all members of society showing that members shall be permanent residents of that village or Group of Village
10 Undertaking by the main promoter that society is capable of hiring a building and provide proper training to the secretary.
11 Register containing details of land occupied by the members and Form 8- A signed by the Talati of land owned by the members
12 Certificate by the Talati regarding population of the village
13 Register of comparative details of crops taken in the village.

Gopalak Multi-Purpose Cooperative Society

S. No. Name of Document
1 Certificate by the Talati about population of cowherds/ Gopalak
2 Signed copy of List of 51 members (with name & full detail)
3 Certification from the Talati about being engaged in Animal husbandry
4 Member of the society should not be the member of Agriculture credit society of the village or area of operation

  • Undertaking by the main promoter
  • NOC from Agriculture credit society operational in the area stating the above(if any)
5 No family member of the member should be an overdue debtor of any other society

  • A common affidavit to be signed by each member
6 No Objection Certificate of other agriculture cooperative credit society within area of operation
7 Register of land and animals owned by the members

Milk Society

S. No. Name of Document
1 Letter of District Milk Union regarding details of quantity of milk collected / purchased
2 Proposed Centre is to be stared first. Registration is to be obtained within 6 to 12 months. Register and balance sheet of milk business of the Society during the said period
3 If any another Society registered in the area of operation of the proposed Society, then certificate by the Talati cum Mantri regarding distance between two societies and No Objection Certificate from the existing society

Cooperation Credit/Saving and Credit Cooperative Society

S. No. Name of Document
1 Names of villages and population certified by Talati
2 In case of cooperative credit society there should be share capital of Rs 1,00,000/- and in case of saving & Credit Cooperative Society share capital Rs 10,000/-
3 Register with photographs and signatures of the members
4 Certificate by Talati / Chohra of population of the area of operation
5 Affidavit of Promoters on Rs. 50/- Stamp Paper

Salaried Employees’ Credit Society

S. No. Name of Document
1 Certificate in the issued by the Competent Officer regarding the members / promoters in the Proposed Society being salaried employees of Government or Non-Government Institutions
2 There should be Rs. 10,000/- balance in the proposed bank account – Bank balance certificate
3 Undertaking by the Main Promoter stating that Loan shall be granted after proper evaluation of loan application and recovery shall be done regularly without partiality
4 Undertaking by the Competent Officer regarding making deduction of loan instalment from the salary (every month)
5 Undertaking by the Main Promoter regarding maintaining financial liquidity in the Society

Seed Producers Sales /Processing Cooperative Society

S. No. Name of Document
1 100 members, Caste wise register
2 Records in Form 8-A about promoters occupying land / halting land
3 Undertaking by the Main promoter declaring that members occupying land and have knowledge about agriculture produce and research.
4 Details on from where loan / assistance/ subsidy for completion of work of the scheme will be obtained
5 How the Society complete its project with loan/ assistance/ subsidy. Show the details.

Fruit and Vegetables Producer / Processing Cooperative Society

S. No. Name of Document
1 Details of number of Farmer (Khatedar) and number of farmers planting vegetables in the village
2 Undertaking by the Main Promoter declaring that all the members of the proposed society are carrying out agriculture and are farming vegetables

Cotton Producers’ Cooperative Society

S. No. Name of Document
1 Details of farmers taking cotton crop from amongst the Khatedar Farmers of the village
2 Undertaking by the Promoters declaring that all the members carry out agriculture and cotton farming
3 Register showing details of cotton farming by the members

Housing Society

S. No. Name of Document
1. Details of scheme under which the Society is to be registered
2. Member should be eligible for entering into contract, should be a common resident of village / city of the area of the society

  • Submit proof of residence of each member
4. Whether Contractor or land owners, Engineers or Architects or family members of the Promoters are member of the society? Yes/No, if yes than detail shall be given.
5. Details of printed receipts that have been given for funds collected
6. Whether advertisements have been published in local tabloids/pamphlets/leaflets by the Society?

  • Yes
  • No

If Yes, please give details & copy of advt.

7. In case the Society is for other than general classes, then society submits of all certificate issue by the Social Welfare Department.
8. Whether provision has been made for transfer Fee in the by-laws?

  • Yes
  • No
9. Whether any member of the proposed Society owns more than one house?

  • Yes
  • No

If Yes, please give details

10. Whether it is a Government Employees’ Housing Society?

  • Yes
  • No

If Yes, submit certificate issued by competent authority stating that the members are government employees.

11. Details of land.

  • Form No. 7 / 12, 8-A records of the latest date for land owners
  • Certificate by the Competent Officer exempting from the Land Ceiling Act
  • If land is NA than the certificate from competent officer
  • If land situated in residential zone, then the market value (as valued by govt. approved valuer) of society match with purchased value of the society. For the certificate of Governmental approved valuer or of Government Engineer
  • In case the land is private, copy of sale agreement
  • Lay-out plan / building plan should be signed by Engineer
  • New by-laws relating to land
  • If the land is fragmented, whether distance in excess of 250 meters has been maintained. Not less than 250-meter distance shall be maintained in fragmented land.
  • Provision for road maintain in map.
  • Whether common plot has been shown in the lay-out plan.
  • Verification Officer has visited the land where the Proposed Society is located
  • Member register shall be submitted.
  • Certificate by the Main Promoter declaring that registration of the Society shall be without Government aid.
  • Leaflet U. (four copies)

Consumer Stores/ Consumer Cooperative Society

S. No. Name of Document
1 If there are more than one villages in the area of operation, distance between them

  • Affidavit by main promoter
2 Society shall be register with at least 100 members. Promotors shall have to give undertaking after registration of the society, total number of the society shall be 500.
3 Certification by Talati regarding village having population of 10,000 or more
4 Undertaking of not selling Custom Goods

Community Farming Society

S. No. Name of Document
1 Latest copies of Form 7 / 12 and Form- 6 (Records of Rights of lands owned by Members / Promotors)
2 Agreement of Sale for the land to be acquired (with copies of 7 / 12 and Form-6 (Records of Rights)
3 Register of contribution with complete details of members

Irrigation Cooperative Societies

S. No. Name of Document
1 Minimum Share Capital Rs. 500/-
2 Copies of land area of members falling within the Command Area (Copy of 7/12 certificates)
3 Undertaking by the Main Promotors stating that the all members are staying in the area of operation of the society.
4 No Objection Certificate by the Competent Officer regarding any bore or canal passing through the Command Area.
5 No Objection Certificate from the Competent Officer of the Corporation or Panchayat if the Society is to be registered on the bore of Corporation or Panchayat
6 Undertaking by the Main Promotors regarding compliance to the terms set by Corporation – Panchayat with reference to the bore with the Corporation or Panchayat.
7 Undertaking by the Main promotor stating that society will not seek any loan / assistance from the Government or any financing institute for funds for bore scheme or any other scheme.

Narmada Irrigation Cooperative Societies

S. No. Name of Document
1 Map of the irrigation area
2 Undertaking from the Main Promotor that society will provide water to all members
3 Form 8 – A records or 7/12 of lands of Promotors
4 Undertaking of letter of acceptance from all the members
5 Technical opinion by SSNNLs
6 Certificate by concerned Executive Engineer, Canal Scheme, Canal Department regarding recognition of Irrigation Cooperative Society from Minor Branch.

Transportation Cooperative Societies

S. No. Name of Document
1 Driving license and address proof of promotors.
2 Undertaking and commitment of all the members are current or retired employees of S. T. Corporation and associated with Transport business

Tobacco Growers Cooperative Society

S. No. Name of Document
1 Details of the land owned by the member in the area of operation and details of tobacco produced by them.
2 Details of activities of purchase and sale of tobacco and other produces as per Cooperative Tobacco Federation and recommendation letter by the Federation.
3 Undertaking by each member that they are not associated with business of purchase or processing of tobacco.

/Fees Details

No fees

Timeline

60 Days from the date of application

Consumer Complaint Lodging Important Documents

To provide simple, speedy and inexpensive redressal of consumer disputes, the CPA envisages a 3-tier quasi-judicial machinery at the National, State and District levels.

National Consumer Dispute Redressal Commission, known as National Commission, deals with complaints involving costs and compensation higher than Rs. One Crore.

State Consumer Dispute Redressal Commission, known as State Commission, deals with complaints involving costs and compensation higher than Rs. Twenty Lakh and less than Rs. One Crore.

District Consumer Dispute Redressal Forum, known as District Forum, deals with complaints involving costs and compensation less than Rs. Twenty Lakh.

Consumers can file different types of complaints depending on their specific grievance by visiting the Consumer Court at the district, state or national level along with the documents required for filing the complaint.

Following is a list of documents that the prospective complainants need to carry with them to the Consumer Court at the time of filing the complaint

Cases at District Forums

Consumer Case (Cc)
# Fee For Making Complainant,If Required(In The Name Of Registrar,Ncdrc,New Delhi)
# Complaint With Affidavit
# Supporting Documents In Favour Of The Complaint E.G. Receipt, Voucher Etc.
# Limitations, If Any (2 Years From Cause Of Action)
# Index

Miscellaneous Application (Ma)
# Miscellaneous Application With Affidavit
# Supporting Documents In Favour Of Ma
# Index

Criminal Petition (Cp)
# Index

Interlocutory Application (Ia)
# Complaint With Affidavit
# Supporting Documents In Favour Of The Complaint E.G. Receipt, Voucher Etc.
# Limitations, If Any(2 Years From Cause Of Action)
# Fee For Making Complaint
# Index

Execution Application (Ea)
# Execution Application With Affidavit
# Certified Copy Of Impugned Order(S)
# Limitations, If Any
# Index

Cases At State Disputes Redressal Commissions

Consumer Case (CC)
# Fee For Making Complainant,If Required(In The Name Of Registrar,Ncdrc,New Delhi)
# Complaint With Affidavit
# Supporting Documents In Favour Of The Complaint E.G. Receipt, Voucher Etc.
# Limitations, If Any (2 Years From Cause Of Action)
# Index

Miscellaneous Application (Ma)
# Miscellaneous Application With Affidavit
# Supporting Documents In Favour Of Ma
# Index

Criminal Petition (Cp)
# Index

Interlocutory Application (Ia)
# Complaint With Affidavit
# Supporting Documents In Favour Of The Complaint E.G. Receipt, Voucher Etc.
# Limitations, If Any(2 Years From Cause Of Action)
# Fee For Making Complaint
# Index

Revision Petition (Rp)
# Stay Application With Affidavit,If Required
# Certifeid Copy Of Order Of State Commission
# Revision Petition With Affidavit
# Copy Of Order Of District Forum
# Limitations, If Any(Within 90 Days Of The Receipt Of The Order )
# Supporting Documents In Favour Of Rp
# Index

Transfer Application (Ta)
# Transfer Application With Affidavit
# Index

Execution Application (Ea)
# Execution Application With Affidavit
# Certified Copy Of Impugned Order(S)
# Limitations, If Any
# Index

Review Application (Ra)
# Certified Copy Of Order Of National Commission
# Application For Review With Affidavit
# Supporting Documents In Favour Of Review Application
# Limitations, If Any(Within 30 Days Of The Receipt Of The Order )
# Index

First Appeal (Fa)
# Memo Of Appeal With Affidavit
# Stay Application With Affidavit, If Required
# Certified Copy Of Order Of State Commission
# Bank Drafts (In The Name Of Registrar, Ncdrc, New Delhi)
# Limitations, If Any (Within 30 Days Of The Receipt Of The Order )
# Any Other Documents Required
# Miscellaneous Application With Affidavit
# Supporting Documents In Favour Of Ma
# Index

Caveat Cases (Cv)
# Application
# Copy Of Order Of District Forum

Criminal Appeal (Ca)
# Memo Of Appeal With Affidavit
# Certified Copy Of Order Of District Forum
# Stay Application With Affidavit,If Required
# Any Other Documents Required
# Limitations, If Any
# Fdr, If Required
# Index

Cases At National Consumer Disputes Redressal Commission (NCDRC)

Consumer Case (CC)
# Fee For Making Complainant, f Required (In The Name Of Registrar, Ncdrc New Delhi)
# Index
# Complaint With Affidavit
# Supporting Documents In Favour Of The Complaint E.G. Receipt, Voucher Etc.
# Limitations, If Any (2 Years From Cause Of Action)

Miscellaneous Application (Ma)
# Miscellaneous Application With Affidavit
# Supporting Documents In Favour Of Ma
# Index

Revision Petition (Rp)
# Stay Application With Affidavit, If Required
# Certified Copy Of Order Of State Commission
# Revision Petition With Affidavit
# Copy Of Order Of District Forum
# Limitations, If Any (Within 90 Days Of The Receipt Of The Order )
# Supporting Documents In Favour Of Rp
# Index

Transfer Application (Ta)
# Transfer Application With Affidavit
# Index

Execution Application (Ea)
# Index
# Execution Application With Affidavit
# Certified Copy Of Impugned Order(S)
# Limitations, If Any

Review Application (Ra)
# Certified Copy Of Order Of National Commission
# Application For Review With Affidavit
# Supporting Documents In Favour Of Review Application
# Limitations, If Any(Within 30 Days Of The Receipt Of The Order )
# Index

First Appeal (Fa)
# Memo Of Appeal With Affidavit
# Stay Application With Affidavit,If Required
# Certified Copy Of Order Of State Commission
# Bank Drafts (In The Name Of Registrar,Ncdrc,New Delhi)
# Limitations, If Any (Within 30 Days Of The Receipt Of The Order )
# Index
# Any Other Documents Required
# Miscellaneous Application With Affidavit
# Supporting Documents In Favour Of Ma

Caveat Cases (Cv)
# Application
# Copy Of Order Of District Forum

 

What To Do When You Are Arrested

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When you are arrested, you are taken into custody. This means that you are not free to leave the scene. Without being arrested, you can be detained, however, or held for questioning for a short time if a police officer or other person believes you may be involved in a crime. For example, an officer may detain you if you are carrying a large box near a burglary site. You can also be detained by storekeepers if they suspect you have stolen something.

Whether you are arrested or detained, you do not have to answer any questions except to give your name and address and show some identification if requested.

What Rights Do I Have?

Whether you are an adult citizen or non-citizen, you have certain rights if you are arrested.
Before the law enforcement officer questions you, he or she should tell you that:
# You have the right to remain silent.
# Anything you say may be used against you.
# You have a right to have a lawyer present while you are questioned.
# If you cannot afford a lawyer, one will be appointed for you.
These are your rights, guaranteed by the Constitution. If you are not given these warnings, your lawyer can ask that any statements you made to the police not be used against you in court. But this does not necessarily mean that your case will be dismissed. This does not apply if you volunteer information without being questioned by the police.

Once I Am Told My Rights, Can I Be Questioned?

You can be questioned, without a lawyer present, only if you voluntarily give up your rights and if you understand what you are giving up. If you agree to the questioning, then change your mind, questioning must stop as soon as you say that you want a lawyer. If the questioning continues after you request a lawyer and you continue to talk, your answers can be used against you if you testify to something different. You may be required to give certain physical evidence. For example, if you are suspected of driving under the influence of alcohol you may be requested to take a test to measure the amount of alcohol in your system. If you refuse to take the test, your driver’s license will be suspended and the refusal will be used against you in court. Once you are booked, meaning your arrest is written into official police records and you are fingerprinted and photographed, you have a right to make and complete three telephone calls that are free within the local dialing area.

When Should I See A Lawyer?

If you are arrested for a crime, particularly a serious one, you should contact a lawyer as soon as possible. He or she has a better sense of what you should and should not say to law enforcement officers to avoid being misinterpreted or misunderstood. The lawyer also can advise you or your family or friends on the bail process.

Who Can Arrest Me?

All law enforcement officers – such as police officers, county sheriff officers, investigators in a district attorney’s or an attorney general’s offices and highway patrol officers – can arrest you whether they are on or off duty, in most cases. A probation or parole officer also can arrest you.

They can arrest you – even if they do not have an arrest warrant – if they have probable cause or good reason to believe you committed a felony, such as armed robbery. (A felony is a crime of a more serious nature than a misdemeanor, usually punishable by imprisonment for more than a year.) They do not have to see you commit a felony in order to arrest you. They do, however, have to see you commit a misdemeanor in order to arrest you.

If you commit an infraction, instead of taking you into custody, they may ask to sign a citation or notice. This is a minor offense, such as a moving violation, where the punishment usually is a fine. If you sign the citation, you are not admitting guilt; you are only promising to appear in court. If you have no identification or refuse to sign, however, an officer may take you into custody.

Can Someone Other Than A Police Officer Arrest Me?

Any person, such as a private security guard, can make a citizen’s arrest if they see a misdemeanor being attempted or committed. (A misdemeanor is a criminal offense, usually punishable with a fine or short jail term.) They also can make a legal arrest for a felony as long as it actually was committed and they have good reason to believe you did it. They must take you to a police officer or judge who is required by law to take you into custody.

When Is An Arrest Warrant Used?

Usually a warrant is required before you can be taken into custody in your home. But you can be arrested at home without a warrant if fast action is needed to prevent you from escaping, destroying evidence, endangering someone’s life or seriously damaging property.

The warrant must be signed by a magistrate or judge, who must have good reason to believe that you, whom the warrant names, committed a crime. If your name is unknown, “John Doe” can be used on the warrant – along with your description.

Once an arrest warrant is issued, any law enforcement officer in the state can arrest you – even if the officer does not have a copy of the warrant. Generally, there is no time limit on using a warrant to make an arrest.

Before entering your home, a law enforcement officer must knock and identify himself or herself and tell you that you are going to be arrested. If you refuse to open the door – or if there is another good reason – the officer can break in through a door or window.

If the police have an arrest warrant, you should be allowed to see it. If they don’t have the warrant with them, you should be allowed to see it as soon as practical.

The police may search the area within your reach. If you are arrested outdoors, they may not search your home or car.

Resisting an arrest or detention is a crime. If you resist arrest, you can be charged with a misdemeanor or felony in addition to the crime for which you are being arrested. If you resist, an officer can use force to overcome your resistance or prevent your escape. The officer can even use deadly force if it appears you will use force to cause great bodily injury.

When Can I Be Released?

If, during the questioning and before a charge is filed, the police are convinced that you have not committed a crime, they will give you a written release. Your arrest then will be considered a detention and not recorded as an arrest.

What Is Bail And How Is It Set?

The amount of bail – money or other security deposited with the court to insure that you will appear – is set by a schedule in each state. You may be notified that you can forfeit or give up bail instead of appearing in court if you receive a traffic citation. However, if you have any doubt, go to court so a warrant is not issued for your arrest for failing to appear. Bail forfeiture does not apply to misdemeanors or felonies. Forfeiting bail does not mean that the charges are dropped and usually works as a conviction for a traffic offense.

Officers at the jail may be able to accept bail. If you cannot post or put up the bail, you will be kept in custody. Depending on where you are arrested, you may have the opportunity to request a bail reduction through a bail commissioner.

When you are taken to court for bail setting or release, the judge will consider the seriousness of the offense you are charged with, any prior failures to appear (even for traffic tickets), any previous record, your connections to the community, as well as the probability that you will appear in court. The amount of bail is set according to a written schedule based on your charges. The law presumes you are guilty of the charges for purposes of setting bail or release.

Instead of paying bail, you might be released on your own recognizance or “O.R.” (or supervised O.R.). This means that you do not have to pay bail because the judge believes that you will show up for court appearances without bail.

Who Maintains Arrest Records And What Do They Include?

Local police departments and the State Department of Justice keep arrest records. According to law, they cannot show them to anyone except law enforcement officers and may only show records of your convictions to certain licensing agencies which have a right by state law to investigate your criminal background.

The arrest record includes when and why you were arrested, whether the charges against you were dropped or whether you were convicted of the charges, and the subsequent sentence imposed. Both pleading guilty and being found guilty after a trial count as convictions.

If you are convicted of committing a misdemeanor, placed on probation and stay out of trouble, you are able to have the conviction removed from your record for such purposes as employment background checks after probation is over. If you are convicted of certain felonies and you successfully complete probation, you can have the felony reduced to a misdemeanor on your record. You must contact the probation officer in either instance to clear your record.

What Happens at an Arraignment?
You have a right to be arraigned without unnecessary delay – usually within two court days – after being arrested. You will appear before a municipal or a justice court judge who will tell you officially of the charges against you at your first arraignment. At the arraignment, an attorney may be appointed for you if you cannot afford one, and bail can be raised or lowered. You also can ask to be released on O.R., even if bail was previously set.

If you are charged with a misdemeanor, you can plead guilty or not guilty at the arraignment. Or, if the court approves, you can plead nolo contendere, meaning that you will not contest to the charges. Legally this is the same as a guilty plea, but it cannot be used against you in a non-criminal case, unless the charge can be punished as a felony.

Before pleading guilty to some first-time offenses, such as drug use or possession in small amounts for personal use, you may want to find out if your county has any drug diversion programs. Under these programs, instead of fining you or sending you to jail, the court may order you to get counseling which can result in dismissal of the charges if you complete the counseling.

If misdemeanor charges are not dropped, a trial will be held later in municipal court. If you are charged with a felony, however, and the charges are not dropped, the next step is a preliminary hearing.

What Happens At A Preliminary Hearing?
During the preliminary hearing, usually within 10 court days of the arraignment, the district attorney’s office must present evidence showing a reasonable suspicion that a felony was committed and that you did it to convince the judge that you should be brought to trial.

You may have a second arraignment. If the felony charges are not dropped at the preliminary hearing, you will be arraigned in superior court where your trial later will be held.

If you are charged with a crime and unable to understand English, you have a right to an interpreter throughout the proceedings.

When Can An Officer Conduct A Search?

An officer always may only make a search with either your consent or a search warrant. You have a right, however, to see the warrant before the search begins.

When Can An Officer Search You, Your Home Or Your Car Without A Warrant?
Body Searches. If you are arrested, an officer can search you, without a warrant, for weapons, evidence or illegal or stolen goods. Strip searches should not be conducted for offenses that do not involve weapons, drugs or violence unless police reasonably suspect you are concealing a weapon or illegal goods and they have authorization from the supervising officer on duty. If you are booked and jailed, you may undergo a full body search, including body cavities.

Home Searches. In emergencies, such as when an officer may be trying to prevent someone from destroying evidence, your home can be searched without your consent and without a warrant. If you are taken into custody in your home, an officer without a warrant can search only the limited area in which you are arrested. Other rooms – and even other parts of the same room – are off limits, unless the officer believes that other suspects are hiding in other rooms. While searching your home, an officer can seize evidence of any crime, such as stolen property or drugs, that is in plain sight.

Car Searches. Your car and trunk can be searched without your consent or a warrant if an officer has good reason to believe it contains illegal or stolen goods or evidence. If the police stop your car for any legal reason – such as a broken tail light – they can take any illegal goods in plain sight.

If you, your home or your car are searched illegally, a judge might say that any evidence found during the search cannot be used against you in court. If you or your lawyer, however, do not object to the evidence before trial, the court might allow the evidence to be used. Even if the judge does decide that the evidence cannot be used against you, that does not always mean that your case will be dismissed.

Hierarchy of Criminal Trial and Criminal Trial in Indian Law

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hierarchy of criminal courts in india.png(Note: This is an article written for layman having no knowledge of law. If you are a lawyer or a legal expert, please feel free to point out if there is any mistake in the article. If you want to give your inputs to make this better, please leave a comment at the bottom.)

Many a times we come across the term called criminal trial. In general parlance, we understand trial means that a person is facing a case in court of law. But generally people are not aware of the process of criminal trial in India. So here is the procedure for criminal trial that generally takes place in India.

Types of Criminal Trials

Before we proceed further, we must note that according to Criminal Procedure Code, criminal trial can be of tree types namely Trial in Warrant cases, Trial in Summon Cases and Summery Trial

Trial in Warrant Cases

Warrant cases are those cases in which an offence attracts a penalty of imprisonment for more than seven years and it includes offences punishable with death and life imprisonment. In such cases, the trial starts either by filing of FIR or by filing a complaint before a magistrate. And if the magistrate finds that the case relates to an offence carrying a punishment for more than two years, the case is sent to the sessions court for trial.

Section 193 of the Criminal Procedure Code clearly states that the session court can not take cognizance of any offence unless the case has been sent to it by a magistrate. The process of sending it to sessions court is generally called committing it to sessions court.

Trial in Summon Cases

A summon case is a case which is not a warrant case. So in simple words, those cases in which an offence is punishable with an imprisonment of less than two years is a summon case. In this case, one must understand that if a magistrate, after looking into the case, thinks that a case is not a summon case, he may convert it into a warrant case. In respect of summons cases, there is no need to frame a charge. The court gives substance of the accusation, which is called “notice”, to the accused when the person appears in pursuance to the summons.

Summary Trial

Case of offenses punishable with an imprisonment of not more than six months can be tried in a summary way. It is also to be noted that if the case has been tried in a summary way, a person can not be awarded a punishment of imprisonment for more than three months.

Pretrial stages

Registration of FIR

FIR stands for first information report which is lodged under section 154 of the Criminal Procedure Code. The FIR is only the basis information which is made available to the police when a cognizable offence takes place. FIR is the first stage from which a criminal case takes the birth.

Investigation

FIR in a criminal case leads to investigation in the case. Investigation leads an investigating officer to reach to a conclusion whether a chargesheet has to be filed or a closure report has to be filed in the case. If the investigation result in discovery of an offence, a chargesheet is filed, otherwise a closure report is filed before the concerned court.

Trial

If the investigating officer finds out that a case is fit for trial then he files a chargesheet in the case.

Filing of the charge sheet

The charge sheet is the brief summary of how an offence had been committed? What was the role of each person who was involved in the crime and the sections under which the investigating officer had charged all the accused. The charge sheet also contains the names of the person who were investigated but could not be charged due to lack of evidence in the eyes of the investigating agency. Filing of the charge sheet generally means that the investigation in the case is over and now the court has to consider the evidence collected by the investigating agency. It is to be noted, that if during the course of trial, some new facts come to the light, the agency may file additional charge sheets.

Framing of charges/Serving the Notice

if it’s a summon case, a simple notice is given and a response is sought from the accused. But in warrant cases, the court frames the charges.

Framing of charges mean that the court looks into the evidence collected by the investigating agency and applies its mind so as to what are the charges under which an accused has to be booked. For example, the police has filed a chargesheet accusing a person of murder under section 302, but the court deems it proper to charge the person for culpable homicide not amounting to murder under section 304. At this stage, if an accused pleads guilty then the court will apply its judicial mind and decide the punishment accordingly. And if the accused pleads not guilty, he is informed the charges under which he would be required to face the trial.

On the other hand, if the judge finds that no offence against an accused is made out, the accused is discharged from the case. The court has to apply its mind and record the reasons for discharging an accused.

Recording of the Prosecution Evidence

After the charges have been framed against an accused, the prosecution is required to produce  before the court, all the evidence collected by the investigating agency. It is to be noted that when the investigating agency produces the evidence before the court, the evidence has to be supplemented with the statement of the prosecution witnesses (PWs). The process of recording the statement of PWs is called Examination-in-Chief. The evidence which is brought before the court and which the court considers is called “Exhibit” .  The witnesses brought by the prosecution are expected to support the case presented by the prosecution and if they fail to do so, they are declared hostile and the prosecution may request the court not to rely on the statement of such a witness.

In case the witness supports the case of the prosecution, the defense is entitled to cross examine the witness so that they could find out the discrepancies in the statement of the witness concerned. If the defense succeeds in finding the discrepancies in the statement of the witnesses, they may ask the court not to rely on the statement of the said witness.

Statement of the accused

Section 313 of the Criminal Procedure code empowers the court to ask for an explanation from the accused if any. The basic idea is to give an opportunity of being heard to an accused an explain the facts and circumstances appearing in the evidence against him. Under this section, an accused shall not be administered an oath and the accused may refuse to answer the questions so asked. The answers given by the accused may be taken into consideration in such inquiry or trial, and put in evidence for or against him.

Evidence of Defense

After the statement of the accused is over, the court applies its mind and tries to find out if the accused has committed any offence or not. If the court reaches the conclusion that no offence has been committed by the accused, he is acquitted. It must be noted that while acquitting an accused, the judge is expected to give reasons for acquitting the accused.

In cases of accused not being acquitted by the court, the defense is given an opportunity to present any defense evidence in support of the accused. The defense can also produce its witnesses and the said witnesses are cross examined by the prosecution. In India, generally the defense does not provide defense evidence as the criminal justice system in India puts burden of proof on the prosecution to prove that a person is guilty of an offence beyond the reasonable doubt.

Final Arguments of both the sides

Once the defense evidence of the accused is over, the prosecution presents its final arguments. In final arguments, the prosecution generally sum up its case against the accused. After the final arguments of the prosecution are over, the defense also present its final arguments. After the final arguments of both the sides are over, the court generally reserve its judgment.

Delivery of Judgment

After application of mind, the judge delivers a final judgment holding an accused guilty of offence or acquitting him of the particular offence. If a person is acquitted, the prosecution is given time to file an appeal and if a person is convicted of a particular offence, then date is fixed for arguments on sentence.

Arguments on sentence

Once a person is convicted of an offence, both the sides present their arguments on what punishment should be awarded to an accused. This is generally done in cases which are punished with death or life imprisonment.

Judgment with punishment

After the arguments on sentence, the court finally decides what should be the punishment for the accused. While punishing a person, the courts consider various theories of punishment like reformative theory of punishment and deterrent theory of punishment. Court also considers the age, background and history of an accused and the judgment is pronounced accordingly.

 

Format of Consumer Protection Complain

,
BEFORE THE HON’BLE NATIONAL / STATE / DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION/FORUM AT ( CITY ).

COMPLAINT UNDER CONSUMER PROTECTION ACT, 1986.

 

 

IN THE MATTER OF :

(Name and address of complainant)

……………….. COMPLAINANT

VERSUS

                              (Name and address of the accused)

……………….. OPPOSITE PARTY

INTRODUCTION:

A brief paragraph about the complainant explaining the name, residence address and occupation of the complainant.

A brief paragraph about name, address and occupation of the opposite party.

RESPECTFULLY SHOWETH:

1. Description of the deal and services promised by the opposite parties for the value paid by the complainant.

2. Description of the advertisements given by the opposite parties which attracted the complainant to purchase the commodity and services.
TRANSACTION :

Details of the price of goods and services.

Details of the bill/invoice (bill number and date, item and amount)

Details of payments made by complainant (cheque number/cash, etc.)

NATURE OF COMPLAINT:

(select from list or write as required)

1. Misleading advertisements and false representation.

2. Cheating by giving false promises.

3. Deficiency in after sales service or not abiding by warranty clause.

4. Harassment by the opposite party.

5. Not delivering the goods and services for which payment is made.

6. Charging excess amount.

7. Any other factors that affected the consumer.

OTHER EVIDENCES OF SUPPORT OF COMPLAINT:

Copy of advertisement and catalogue that promised the concerned goods and services.

Copy of bill as evidence of purchase.

Other documents such as agreement copies, bounced cheques, opposite parties’ letters.

Copy of letters sent to the opposite party to request for rectification of fault and settlement of the grievance.

JURISDICTION:

(Select one)

As the total amount involved is more than Rupees 1 crore, the complaint is being filed with the Hon’ble National Consumer Disputes Redressal Commission.

OR

As the total amount involved is more than Rupees 20 lakhs and less than 1 crore, the complaint is being filed with the Hon’ble State Consumer Disputes Redressal Commission.

OR

As the total amount involved is less than Rupees 20 lakhs, the complaint is being filed with the Hon’ble District Consumer Disputes Redressal Forum.

PRAYER:

 

The complainant therefore prays :-

i) relief be granted to the complainant as demanded herein.

ii) that such orders be passed as the Hon’ble Consumer Forum may deem fit in the circumstances of the case.

iii) that the accused should be punished severely so that culprits of similar kind would be afraid to indulge in such criminal activities.

iv) mention any other statement of prayer you wish to state.

 

PLACE :                                                                    Signature

DATED :                                                        NAME OF THE COMPLAINANT
VERIFICATION

I (name of complainant), resident of (residential address) hereby declare that I have not misrepresented any facts nor have tried to hide any information in my above complaint. All the facts mentioned herein are true to the best of my knowledge.

                                                                  Name & signature of the complainant

Please note: The affidavit should be notarized before further copies of complaint set are made for submission.

Arrangement of the complaint papers:

All papers to be kept in paper file in following order:

1. Complaint

2. Affidavit

3. List of documents

4. Documents

5. Vakalatnama

6. Application for injunction (if any)

7. Application for condonation of delay (if any)

 

Page numbers to be written on lower right corner.

 

Deposit the complaint file at the consumer court along with appropriate court fee.