Miss cunduct by police
AMIT KUMAR SHARMA
(Querist) 16 July 2013
This query is : Resolved
Dear Sir,
A complaint has been made against my friend for abducting a teen age girl. When she was abducted, my friend was at home as he was suffering from a danger disease.
When Police was arresting him, I intervene in the matter. A Police officer beaten me and accordingly I also hit him at same time.
My question is that if a police officer abuse or beat at the time his duty, can we beat him in defense.
regards,
V R SHROFF
(Expert) 16 July 2013
You must not interfere in Police Duty.
Keep good friends, Respect Administration of Law , u being a STUDENT OF LAW.
Rajendra K Goyal
(Expert) 16 July 2013
You have done a wrong act with a govt. employee doing his duty. Any resentment can be shown in court within law during the proceedings of the case. Police may have registered case against you, if not arrested, try to get anticipatory bail.
R.K Nanda 
(Expert) 16 July 2013
agree with experts.
S.B.adil rahman
(Expert) 17 July 2013
Hitting police in discharge of duties is an offence u/s 353 IPC which is non bailable and cognizable.In your case it attracts section 332 also for causing hurt to a public servant in discharge of duties. You have alternative remedies to redress your grievance. Lodge a complaint with the police chief about the behaviour of the police officer and seek a departmental probe and disciplinary action. If it does not work then lodge a complaint with the Human Rights Commission of your state for violating your dignity and respect and status. Even if it does not work too then file a complaint case in the local court and seek prosecution to meet the ends of justice. But in no case you should hit a police personnel or any public servant.
Sudhir Kumar, Advocate
(Expert) 17 July 2013
My question is that if a police officer abuse or beat at the time his duty,
Ans : Yes. He has right (rather duty) to use force if necessary to execute arrest against accused as well as anyone obstructing him in arrest.
can we beat him in defense.
Ans : Not at all. You have done a series of offense and your friend (whose arrest you obstructed) is also a witness.
Sudhir Kumar, Advocate
(Expert) 17 July 2013
counter beating is no right to defence.
Such right is not available against public official acting under colour of his office.
Such rights against police are there with Heros in films (who are paid in lakhs for speaking and acting on the script before a fake policeman) and that too only till camera runs.
you have violently interfered the arrest of a man accused of a heinous crime.
However, if the matter is reported to SSP (as reported above by you) there is likely hood that policeman will face disciplinary action for not having arrested you then and there alongiwth your friend. (YOU HAVE NOT INDICATED HOW YOU EVADED ARREST).
S.B.adil rahman
(Expert) 18 July 2013
Dear Mr.Sharma! You can not justify your act by taking alibi. In crude language, in India the right of beating is a privilege to the police which has come in legacy from our English rulers and it will continue come what may. You may have been reading the plights of those who took panga with police. After all a police personnel is backed by a strong organisation behind him while you are alone.
Sudhir Kumar, Advocate
(Expert) 18 July 2013
I add to what Mr Adshil Rehman commneted.
You are not only wrong but guilty as well.
The policemen had duty to use force, when necessary to execute arrest. You obstructed the arrest because you believed suspect to be innosent (police did not believe so).
Head of police party will certainly pay for the mistake of not arresting you immediately. Had he done so he would have obtained confession of your friend that you were also party to the crime for which he was arrested (this is the way they can operate. I do not understand why he abstained from doing so. Perhaps they have a better plan on you.
Having assaulted cop executing arrest you have declared yourself as not an ordinary criminal. Unofficially police maintains a list of such "daring" persons who and can be arrested for any untraced crime.
Better you meet the cop and beg apology.
AMIT KUMAR SHARMA
(Querist) 20 July 2013
heartily thanks to all of you to your good response.
I need one more help from all of you. You all know very well that cops are how deal with peoples. I want to know if police man misuse his power, what remedy we can use same time to stop the police man. Can I have any rules applicable on Police men.
If they use abuse and beaten to be arrested personal what we can use remedy and how can stop him.
regards,
amit sharma
Sudhir Kumar, Advocate
(Expert) 20 July 2013
they have duty to use reasonable force at the time of arrests. There is no misuse of power to use force against a person like you obstructing the arrest of a person accused of serious charges.
S.B.adil rahman
(Expert) 20 July 2013
Dear Mr.Sharma, I feel that all the advices from the professionals and honourable members of this forum have fell on deaf ears. Now a rogue police man intoxicated with the power of law can only provide you the correct answer. I will advice you to enter the Dragon net once only and also let us know your experience that how you were dealt by the police and also as to how many days you were treated and under which specialist or hospital? My dear Mr.Sharma,you fail to understand that members of Police forces are also the people from our society and most of them have humane nature. It appears that you have certain apprehension by asking the same question every time. You perhaps want certain justification for your grave acts which probably you have committed. If not so, and still you want to know then start from the Traffic Police of your city and let us know the result.
prabhakar singh
(Expert) 20 July 2013
GULSANPASAND HOON MAI
AJI GUL HI NAHEE AJIJ
KANTO SE BHI NIBAH KIYE
JA RAHA HOON MAI!
Dr J C Vashista
(Expert) 21 July 2013
Rightly advised by experts, avoid all such actions and let the cop perform his duties otherwise face the music
