Third degree

anckoora (Querist) 25 August 2011 This query is : Resolved
Dear Sir,

Under which section of CPC, police have power to apply third degree on accused to make him speak the truth.?

Can parents of the accused - who has been wrongly involved and who has been given third degree torture by the police - can approach for Human Right Commission or any other organisation ?

regards
anckoora

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Advocate. Arunagiri (Expert) 25 August 2011
You can see S.46(2) of cr.p.c.this section empowers the police to use force to effect arrest.

The law has not empowered the police to use force against the accused to speak the truth.

In case of police excesses you can approach the Human Rights Commission or reputed organizations.

Dr Anil Kumar Singh (Expert) 25 August 2011
I agree with expert. There is no provision in law to permit police to use third degree against any accused. You can approach Human right commission and also approach court for the same

Guest (Expert) 25 August 2011
No provision of law bars the third degree treatment by the police to use all means to find out.

Kiran Kumar (Expert) 25 August 2011
firstly CPC means Civil Procedure Code so no provision for criminal law there in.

none of the laws give any authority to police to use 3rd degree methods during investigation.

if it is used it is clear violation of Article 21 of the Constitution of India....approaching Human Rights Commission is OK but ultimately it is a teeth less body...

you may approach High Court as well but you need to have some evidence against the police.

Raj Kumar Makkad (Expert) 25 August 2011
I completely agree with Kiran Kumr.

M/s. Y-not legal services (Expert) 26 August 2011
Yes am also agree with mr.kiran. The parents of the accused can't be call upon to answer the charges which is against their son. I mean not allowed to harass. And you have alternative remedies also. Just invoke your high court's extraordinary jurisdiction under cr.p.c 482 and pray for direction not to harass.

kuldeep kumar (Expert) 26 August 2011
from the above discussion i want to know can 482 crpc cover civil quashing also as tom said.pls answer if its available

Arif Iqbal (Expert) 26 August 2011
The police is not empowered to use even 1st degree... leave alone 3rd degree. Its violative of ones fundamental rights.

Mr Kuldeep Kumar, I dont think there is any such thing as civil quashing that is covered by sec 482 CrPC