Section 151

Kailash Bhanushali (Querist) 01 June 2012 This query is : Resolved
What can one do if he is falsely arrested under section 151.can he complaint against the police officer.My freind was arrested on 30 may 2012 about 22.15 and charged section 151 and falsely charged by the section.Where shud he complaint if he was not eligible under such section.

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V R SHROFF (Expert) 01 June 2012
Only court can decide whether he was involved in unlawful assembly to break peace u/s 151
If he is falsely charges, Apply discharge in court, when chargesheeted.
He can file WP. he cannot complain against the police only on this ground alone.

ajay sethi (Expert) 01 June 2012
agree with mr shroff

Sankaranarayanan (Expert) 01 June 2012
i do agreed with mr shroof. you have to proof of innocent

Adv.R.P.Chugh (Expert) 01 June 2012
I think the querist is referring to preventive arrest to prevent breach of peace under S.151 CrPC (Normally known as 107/151).

Adv.R.P.Chugh (Expert) 01 June 2012
In any case any illegal confinement/custody is wrong and police officer can be booked under a dozen sections of IPC.

J K Agrawal (Expert) 02 June 2012
Mr Bharat is right but it is tough to prove that the Police wrongfully apprehended you.

R.K Nanda (Expert) 02 June 2012
Agree with experts.

Shonee Kapoor (Expert) 02 June 2012
Nothing left to be added.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

SAINATH DEVALLA (Expert) 07 June 2012
Even if it was a wrongful confinment,the FIR would have been made strong with all the requisite ingredents.

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