At what stage criminal action could be taken against police
A.Mohamed Thaheer
(Querist) 29 April 2009
This query is : Resolved
Let me know under what stage, criminal action against a police officer could be taken for malicious prosecution and under what section of the criminal procedure code
A V Vishal
(Expert) 29 April 2009
LIMITATION IN COMPLAINT/SUIT AGAINST POLICE PERSONAL
Prof. Sumer Chand vs Union of India and others
Facts
In this case the question before the Supreme Court was that whether the period of limitation for filing a suit for malicious prosecution against a member of the Delhi Police is governed by the provisions of Sec. 140 of Delhi Police Act, 1978 or by Article 74 of the Limitation Act, 1963.
Held
Where a suit for malicious prosecution against two Police Officers alleging that one Police Officer who was in charge of Police post has registered a false, vexatious and malicious report against a person and another officer who was Station House Officer had filed the challan in the Court against him and another accused on the basis of the said report was filed after expiry of three months from acts complained of, it colour of office of the said officers and would fall within the ambit of S.140 (1) of Delhi Police Act because it was the duty of the said first officer being in charge of Police Post to record the report and so also it was the duty of another officer to file the challan in Court. The acts complained of were, therefore, done under the colour of office of the said officers and fell within the ambit of Section 140(1) of the Act. In such a case, the period of limitation for institution of the suit would be that prescribed in Section 140 and not the period prescribed Art. 74 of the Limitation Act. The Limitation Act is an enactment which consolidates and amends the law of the limitation of suit and other proceedings connected therewith. It is a law which applies generally to all suits and proceedings. therefore, in the nature of a general enactment governing the law of limitation. The Delhi Police Act has been enacted for the purpose of amending and consolidating the law relating to regulation of Police in the Union Territory of Delhi. The Act is a special enactment in respect of matters referred to therein, Section 140 of the Act imposes certain restrictions and limitation in the matter of institution of suits and prosecutions against Police Officers in respect of acts done by a Police Officer under colour of duty or authority or in excess of such duty or authority. Since the Act is a special law which prescribes a period of limitation different from the period prescribed in the Schedule to the Limitation Act for suits against persons governed by the Act in relation to matters covered by Section 140, by virtue of S.29(2) of the Limitation Act, the period of limitation prescribed for such suits and not the period prescribed in the Schedule to the Limitation Act.
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S.P.Vaithianathan vs K.Shanmuganathan*
Facts
Complainant made complaint to higher Police Officer regarding involvement of a particular Police Officer in illegal distillation. The aggrieved Police Officer through summons called the complainant his office and tortured him. No. action was taken by senior official against this ill-treatment of the complainant. He then filed Crimiinal Complaint under Section 341, 342, 323, 363, 364, 506 Part II and 307 of the IPC. The learned CJM issued process, to this an objection was raised that the prosecution was barred by limitation in view of the provision in Sec.53 of the T.N.District Police Act, 1869, High Court upheld this contention and quashed the order by which process was issued.
The Supreme Court reversing the judgment of Madras High Court.
Held
It must be realized that in order to avail of the benefit of Sec.53 of the Act, the respondent must show that he acted ‘under’ the Act or any other law. Merely because the appellant was called through a summons issued under law, the conduct of beating and torturing the appellant on the latter appearing in obedience to the summons cannot establish any nexus between the official act of issuance of summons and the action of the respondent on the appearance of the appellant. Unless a relation ship is established between the provision of
N.K.Assumi
(Expert) 29 April 2009
Vishal, let me join Rakhi, in thanking you for the citation.
A.Mohamed Thaheer
(Querist) 11 May 2009
Dear friend,
I wish one clarification on your reply. That is whether we can file a case for compensation AGAINST A POLICE OFFICER who filed a case of malicious prosecution, after the accused is acquitted as innocent or discharged. Are they coming any exception case under the behest of faite accompli, or done in good faith etc.,
2. Then, under what circumstances, and under section of I.P.C., a police officer could be booked for a case of criminal case of malicious prosecution?
B.B.R.Goud.
(Expert) 02 June 2009
yes. i do agree with learned friends.
we can also file a case for compensation AGAINST A POLICE OFFICER who filed a case of malicious prosecution, after the accused is acquitted as innocent or discharged.
based on the facts in issue, the case can be filed, for an advice you need to consult an advocate.
RAKHI BUDHIRAJA ADVOCATE
(Expert) 29 April 2009
