Skip to main content

What If Police "Threatens/Arrest?

 

  If  Police ‘Threatens/Arrest’?


Before getting into the remedies, I would like to share why the idea of writing this came to my mind. Last night one of my school friend had been harassed by some police officials unnecessarily, the said person was also taken to police station for no reason ; it ended when he called me and asked for my advice. However, I have dealt with number of cases with respect to the same but I think, everyone Indian citizen must know the basic rights provided to him/her by the law of land.

                   In this blog I will tell you 5 ways by which you can avoid unjust police threatening/ arrest. So without any further delay let’s get started.

  1. DON’T OPPOSE ARREST : Yes, you have read right, I am repeating it- ‘Don’t oppose the Arrest’, whenever you come up with this kind of situation. Opposing and arguing with a police officer in duty hours is not a right step to be taken as it will count as obstructing the police officer under color of his official duty and that will ultimately lead you to serious repercussions.
  2. ASK THE REASON OF ARREST : Always ask the charge you are guilty of (in a very polite way). Don’t panic and start fighting or arguing ; ask for the arrest warrant or the offence you are charged with. It is the duty of the officer to tell you about reason of your arrest. In any case when police officer arrests you without the arrest warrant, you have the absolute right to know the full particulars and grounds of the offence committed by you ; section 50(1) of Crpc provides for the same.
  3. INFORM YOUR RELATIVE :Don’t be afraid of informing your relative about your arrest, section 41 B (c) of Crpc puts an obligation to the police officials to tell you about your right with respect to informing the relative or friend of Arrest. Moreover, section 50(2)  of Crpc gives you the right to ask for the procedure of getting bail and arrange for the sureties.
  4.  CONTACT LAWYER : Most importantly, consult the lawyer of your choice. Yes, you can ask the police officer that I want to talk to my lawyer ; Article 22(1) of Indian Constitution provides that every person arrested has the right to consult the lawyers of his choice.
  5.  ILLEGAL CUSTODY OPPOSE : Lastly, if police officer is adamant or not listening to you or your lawyer, don’t forget that he can’t put you behind the bars for more than 24 hours. Article 22(2) of Indian constitution and section 57 of Crpc clearly speaks on this point that no person arrested and detained in custody be kept for more than 24 hours. A police officer is duty bound to produce you before the concerned area magistrate; within 24 hours of your arrest. Oppose for the custody if it is beyond the time frame of 24 hours.


 

 


Comments

Post a Comment

Popular posts from this blog

ALIBI- Defense/Escape?  Essentials of plea of alibi ? How can one raise the said plea? What is the correct time to raise the plea ? Onus of proving the plea lies to whom ? What if a person succeeded in proving the plea ? Taking false Plea of alibi is a good defense to escape from criminal trial or lead to serious consequences? You all might have come across with all these questions, So, let's get into some basics of it. I.   Introduction T he word Alibi’ is a Latin term which means ‘elsewhere’. Plea of alibi is not an exception provided under IPC or any other law rather it is a rule of evidence recognized under section 11 of Indian Evidence Act, 1872 (hereinafter referred as IEA),However, said rule is in conflict with Relevancy of facts/ facts in issue. The purpose of introducing plea of alibi was to make sure that an innocent person should not be convicted, and he should be given the right to raise his defense ; where he could explain th...
2 comments
Read more

Daughter's Rights On Property | 'Vineeta Sharma Vs. Rakesh Sharma' | Coparcenary Rights !

'Daughter's Rights On Property | Coparcenary Rights'   What Hindu Succession Act,1956 primarily talks about ?  Difference between 'Coparcener' and 'Member'. Does it affects the rights in   the property ?  What are the Rights of the Daughters in the Property before or after 2005 amendment ?   Differences of Rights in Ancestral and Self Acquired Property ?   Role of Testamentary and Intestate Succession ?   If there is already amended Act of 2005, so what is the actual role of the Judgment i.e., " Vineeta Sharma Vs. Rakesh Sharma, 2020, SC" ?  Are these aforesaid issues difficult for you to understand ? Are Daughters entitled to equal rights as of today ? Let's get into some detailed discussion and try to solve the Riddle. Hindu Succession Act,1956 (hereinafter referred as HSA) Primarily deals with the Succession and Inheritance, which in simple words means that who will get the property and by what means the property will devolve among ...
Post a Comment
Read more