Upgrad LLM

can we sue against police if we are beaten by him?


what are the powers of policy and what can we do if he beat us during lockdown,Now a days we are seeing the plenty cases every day that cops are over action against public? kindly guide me and give me any earlier judgment for this case?
 
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Retired Manager

I presume you posed this query in the present circumstances where we see Police beating up violators of prohibitory orders. Point is,  civic sense is most important among the people. People violating the prohibitory orders is not good which are imposed in the first place for the general good of the society. An individual cannot claim rights for himself, while his violation of prohibitory orders is likely to endanger scores of people.  Legality, rights, etc shall come when everything is okay but not in extraordinary circumstances that we are in now. Let's follow the government orders and be safe instead of violating the orders and get into a position where Police start taking action and then holler about rights.  Before thinking about rights, let us be responsible citizens.

 
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Retired employee.

There are two issues involved in such incidents.  First, a responsible citizen should obey prohibitory orders.   Secondly, if there is a willful violation, accepting such treatment by police as their attitude or unfortunate incident.  Wise persons never protract a simple issue through some other arguments which are not proper and correct and involves a lot of time, money and energy, to satisfy personal ego.

 
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Dear sir,Thank you for replay.

As a law student I would like to know any law which is allow us to sue police for present scenario from hourse's mouth.

My question is clear

1. can we sue police if we have beaten by police .(for example to purchase essential goods is allowed during lockdown time but a person has beaten by police while purchasing medicine on his way) which section is allow the public in IPC to sue against police.

2. is there any earlier judgement like this situation?

Kindly answer me for my points sir.

 

 

 
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Advocate

You can sue in a civil action, but any criminal action is subject to provisions of Section 197 CrPC.

 
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Thank you Mr.P venu sir,

 

 
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Advocate

Videos on social media have shown officers beating people for violating India's coronavirus lockdown. The opposition has called on Prime Minister Narendra Modi to stop police from using violence to enforce the measures.

 

 
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Advocate

India has invoked Section 144 of the Indian Penal Code (IPC), which prohibits the assembly of four or more people, to ensure that people don't venture out during the lockdown and to contain the spread of the coronavirus. Indians violating section 144 can be arrested and detained by the police. However, the government hasn't authorized the police to use force to impose the lockdown.

Over the past week, several politicians, celebrities and journalists have highlighted police violence against migrant workers who are venturing out during the lockdown. The measures have forced migrant laborers to travel back to their homes on foot after losing their jobs in urban areas. 

Numerous reports have emerged of police targeting people venturing out to buy essential goods or working in essential services such as medicine. Officers have reportedly beaten people with sticks and in certain instances, forced them to crawl or do pushups.

Prime Minister Narendra Modi has said sorry to Indians for his 21-day coronavirus lockdown, saying it is harsh but necessary to beat the pandemic. His words come amid shocking images of police violently enforcing the restrictions, which came into effect Wednesday with just four hours' notice. 

 
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Advocate

Instead of helping distraught citizens cope with these frustrating and hungry times, many Indian police personnel are increasingly caught harassing and assaulting them.

In UP three policemen have reportedly been suspended.

 
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