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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.


 

 


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