cpc

beaten by police during lockdown.


my brother went to shops for ration on 20 may during lockdown. police stopped him and beaten him heavily before giving opportunity to tell anything. motorcycle headlight is also broken. Is police have right to beat anyone? which law and section them give right doing so. Where can I complaint or seek for compensation.
 
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Proprietor

SECTION 88 OF " The Indian Penal Code "

Disobedience to order duly promulgated by public servant.—Whoever, knowing that, by an order promulgated by a public serv­ant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed, be punished with simple impris­onment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both; and if such disobedience causes or trends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either descripttion for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. Explanation.—It is not necessary that the offender should intend to produce harm, or contemplate his disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and that his disobedience produces, or is likely to produce, harm. Illustration An order is promulgated by a public servant lawfully empowered to promulgate such order, directing that a religious procession shall not pass down a certain street. A knowingly disobeys the order, and thereby causes danger of riot. A has committed the offence defined in this section.

THE ABOVE SAID IS THE SECTION, WHEREAS THE POLICE OFFICERS ARE EXECUTING AUTHORITIES WHEREAS THEY HAVE THE POWERS AS SUCH DURING THE LOCK DOWN AND NO COMPENSATION SHALL BE RECEIVED.

 

 
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Advocate

The provisions of Section 188 give no such powers to the Police to take Law in their hands. A civil and criminal action lies. However, cognisance for a penal action requires sanction under Section 197CrPC.

 
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Lawyer

Do you have any evidence to substantiate your allegation ? if so, lodge a departmental complaint against the cop. 

 
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