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P C R ACT 1955

(Querist) 03 May 2015 This query is : Resolved 
R/Experts
What is the procedure to arrest anybody under P C R Act?
Kindly inform
Dr J C Vashista (Expert) 03 May 2015
Elaborate P C R Act?
Sudhir Kumar, Advocate (Expert) 03 May 2015
in what way you are connected to the case.
Rajendra K Goyal (Expert) 03 May 2015
Academic query.
Guest (Expert) 03 May 2015
Quite interesting to know, if a transport guide is empowered to arrest anybody. If empowered, please clarify, who empowered you with such an authority?

Sudhir Kumar, Advocate (Expert) 03 May 2015
let him introduce facts o the case.
N.Gopalakrishnan (Querist) 05 May 2015
R/Experts
One of my friend forced every Tamilnadu government officials to wear govt ID Card as per circular issued by the dist collector (vide circular no 16868/2011 please note he is also an rti activist) due to this problem he was called by the local police official (sub inspector) for an enquiry and then he was threatened under P C R Act. Hence I asked this query
kindly excuse me if you found any mistake
N.Gopalakrishnan (Querist) 05 May 2015
Respectable PS dhingra saheb I am not a police I asked this question for my friend excuse me if you any mistake
Guest (Expert) 05 May 2015
Mr. Gopalakrishnan,

Neither you nor your friend is a police official, where was the need to ask for the procedure to arrest a person? Police know the procedure to arrest, more so, when some one tries to wield undue authority having n concern with the issues or having no vested power.

Still further, even if he would have been an RTI activist, he is only authorised to ask for information, not to force any Government official or officer to dance to his whims and fancy. So, the police has full power to arrest such an imposter and a nuissance. It was the duty of the departments concerned, not your friend, to see the order of the collector are complied with or not.

In fact, your question was quite idiotic, when you did not have even a remote concern with police duties.
Sudhir Kumar, Advocate (Expert) 05 May 2015
what prompted you to hide the facts earlier that

"One of my friend forced every Tamilnadu government officials to wear govt ID Card as per circular issued by the dist collector (vide circular no 16868/2011 please note he is also an rti activist) due to this problem he was called by the local police official (sub inspector) for an enquiry and then he was threatened under P C R Act. "
Sudhir Kumar, Advocate (Expert) 05 May 2015

The query is still vague.

Who is your friend and how he forced the employees to wear uniform.

(i) Is he the DM or some other Govt authority.
(ii) Is he a reporter.
(iii) Did he file a PIL for implementation of orders.
(iv) Or he is simply a goon beating around any Govt official not complying with the Govt orders.

N.Gopalakrishnan (Querist) 05 May 2015
Mr sudhir sir if the government ordered to the employees to wear the ID proof but they didn't, even though collector strictly ordered to wear ID proof they didn't, as a citizen of India we can't raise question that why they deny to obey the law? If any citizen deny to obey the law & Order of the govt immediate action taken by the same employees. According to your answer nobody dare to ask any question with govt employees is it true? District Collector also forced them to wear ID if they didn't obey the order then who can empower to ask them?
Finally I understood from your answer that the rules & regulations of the government is not meant for government employees great answer sir here is no option to upload any photographs otherwise I showed the proof
N.Gopalakrishnan (Querist) 05 May 2015
P S Dhingara saheb whatever may be your reply is highly appreciated as a citizen of India just I wanted to know the procedures what should be followed by the police officials before arrest an innocent person under P C R act. I knew that police officials did know the procedure, my query is related to public awareness where did you find idiotic sentences into my question I asked that "what is the procedure to arrest anybody under
P C R ACT? " whether in your knowledge this is an idiotic query? just I simply wanted to know the rules neither I'm an advocate nor I'm a Law student as a citizen of India just for an awareness I asked, I believed the members and experts of the LAWERS CLUB OF INDIA (including you) will teach and guide about Indian constitution Law to the innocent persons but I understood during your answer that There is no proper reply can be given to the poor, innocent, peoples who has less knowledge
T. Kalaiselvan, Advocate Online (Expert) 05 May 2015
Dear Author, first of all you have chosen a wrong place to learn things, this is not a place to tutor people with legal knowledge neither the academic queries are being entertained. This is a place to address the queries of the needy people who are in distress and unable to find solutions through their lawyers too. Moreover this is a place where the experts in the legal field having good knowledge in it are voluntarily doing service to the human kind at free of cost sparing their valuable time, energy, and money. This should not be taken advantage by unscrupulous people for some wrongful gains. Moreover one cannot demand or command a reply suiting to his taste, the opinions or replies if not found suitable, just ignore them and find an answer for your query from other known source or through some paid consultancy. First of all you have not answered the basic question that what is full form of PCR, if you do not know that how do you think you are going to help the friend or government or the human kind with incomplete or half knowledge? Don't criticise the experts just because you were not given answer of your choice. You may discuss the real problems you face and seek for solutions to come out of the crisis if you are really in trouble and not able to find an answer to tackle the problem.
Sudhir Kumar, Advocate (Expert) 05 May 2015
your query continues to be vague.

in what way your friend was more powerful than the collector who could not enforce his own orders and your frirend enforced the same.

(i) Is he the DM or some other Govt authority.
(ii) Is he a reporter.
(iii) Did he file a PIL for implementation of orders.
(iv) Or he is simply a goon beating around any Govt official not complying with the Govt orders.


T. Kalaiselvan, Advocate Online (Expert) 05 May 2015
The author need to answer the queries raised by experts if he is really interested to know the opinions of experts to his query.
Guest (Expert) 05 May 2015
Mr. Gopalakrishnan,

Your statement, "as a citizen of India just I wanted to know the procedures what should be followed by the police officials before arrest an innocent person," is quite irrelevant, if you fail to mention had you made a mention of what procedure the police adopted, which you considered not right, so that the experts could have made you aware about whether the police was wrong or your concept is wrong.

Your question becomed idiotic on the following frounds:

1) Absence of description of any background of the case and the purpose for whcich you wanted to know:

2) When neither you were arrested, nor you were concerned in any way with the issue of arrest;

3) When you failed to mention any reason of your doubt about the police action that you would have observed, if that really happened also.

4) Your expectation that the experts here are supposed to hold tutorials for you just to teach you law for your general awareness without any problem being faced faced by you.

You should have at least some common sense that the experts here are rendering free service to provide solution to the persons, who really face any legal problem.

If you are so keen to gain knowledge for your awareness or for the awareness of public, you can do so by spending some money out of your pocket to purchase some law books of your interest and to read those books.
Dr J C Vashista (Expert) 06 May 2015
1. The query is prima facie for the sake of fun and not to find solution of his problem.
2. The author is a social activist posted this query for his friend, as stated by him, which needs to be ignored.
3. Apparently the author has adventured to test knowledge of the experts of this platform, which I found ridiculous.
4. The experts are requested not to entertain such query/author.
Sudhir Kumar, Advocate (Expert) 06 May 2015
मुफ्त के चंदन घिस मेरे नंदन
लम्बा तिलक लगा बाबा
पैसा कोई मांगे तो आगे आगे जा बाबा


Guest (Expert) 06 May 2015
Dr Vashista,

Your observation seems to be correct. The other possibility can be that the author might have been feeling himself as the extra-constitutional authority over and above the system and establishments of the Government to wield his undue authority in the guise of getting compliance of orders of the Government authoriies, as can well be guessed that he (not his friend) would have tried to act so in getting the orders of the collector implemented and he would have been nabbed by the police on complaint by some officer of the Government.

You can also notice that in his latest post addressed to me he stated, "my query is related to public awareness," as if he thinks himself as a self-styled public representative also and would disseminate such knowledge, as gained from experts, amongst the members of the general public of India for their awareness, and also as if we are bound to obey his command.
T. Kalaiselvan, Advocate Online (Expert) 06 May 2015
Very properly observed by both the experts Mr. Dhingra and Dr. Vashista, I agree with your views about the author and his activities.


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