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yasaswi gomes (.)     17 May 2021

Investigation

Hi,

 

What is third degree? Whom will the police apply third degree treatment to?

The nice while talking with me constable was very rude with me, how ever I was polite because of their duty. Next time if I go on tourism, if any constable speaks rudely, I will also plan to speak very rudely using foul language. What will happen? 



Learning

 8 Replies

G.L.N. Prasad (Retired employee.)     17 May 2021

Third-degree is a term commonly used with police, using cruel and rude methods of inflicting physical injuries by way of admission from the accused.  One can advise only to avoid confrontation with others whether it is the police or some other person and ignore those idiots that use such language.  In retaliation exercise, it is always the victim that stands to lose prestige, money, time, and more than all others peace of mind.

The forum is meant for guiding on litigation issues and there is no litigation involved.  When a dog bites, no one advises a man to bite that dog. It is left to your wisdom.  Let simple matters perish without purchasing complications.

1 Like

T. Kalaiselvan, Advocate (Advocate)     17 May 2021

Third degree is presently officially disapproved by the law though it is surreptitiously used.

3rd degree interrogation is resorting to physical torture by police. Interrogation of a prisoner by the police involving the infliction of mental or physical suffering for bringing about a confession or to extract information

police procedures can be classified into 1) The arrest is the first degree, 2) The transportation to jail is the second degree, and 3) The interrogation is the third degree.
In India, even slapping a person for extracting information or confession is an offence under Indian Penal Code (Sec. 370)
One more aspect of Indian laws is that, most of the prevailing laws were enacted under British rule. At that time the officers were either Britishers or Anglo Indians and constabulary was the Natives so for entering into the good books of the officers, constables resorted to unlawful methods of interrogation like 3rd degree. To avoid this provisions were made in Indian Evidence Act. Sec 25 and 26 make the statement recorded by police inadmissible in court unless witness appears before the court and deposes according to the statement and gets subjected to cross examination by defense lawyer.

You have mentioned that a police constable behaved rudely with you, it will not come under third degree procedure.

If you want to behave rudely with a police next time, then you would be inviting unnecessary trouble for yourself, because the police will not accept the domination or rude behavior by the general public against them at any cost or any circumstances, hence you may decide based on your prudence. 

1 Like

yasaswi gomes (.)     18 May 2021

These English police are dangerous people. They have their people in all professions and DELAY is their prima facie. No wonder they invented 3 rd degree on people like us, who will apply it on them from top level to bottom level for procrastinating our complaints? This is not a movie to get worried about them just because they have a third degree. Most of the police are unhygienic. Anyways I think they will use third degree on big criminals like rapists, murderers and 420. I know a guy who in his earlier adulthood stole money like 50,000₹ from workplace. The police caught him, scolded him loudly as well as to why he is bringing bad name to his parents, took that money from him  and left him off. 

 

 

 

T. Kalaiselvan, Advocate (Advocate)     18 May 2021

You are right in your understanding that  the police generally adopt the third degree treatment only towards the hardcore criminal to extract truth form them.

However a few police on the previous grudge or due to their own prestige issue apply this treatment towards innocent people as well, the live example for this is the recent custodial death of a father and son at Sathankulam police station, Tamil Nadu a few months ago, which committed by the police just to satisfy their own ego and no other reason or any other background. 

1 Like

yasaswi gomes (.)     18 May 2021

Wow!! As usual your very resourceful and thank you for your valuable time. I guess, police do face reading on their first contact. They immediately can understand what characteristics they have. But, you are not wrong at all, those who did it, I bet 100₹ they belong to that caste belonging to reservation. They are cruel sometimes. Once reservation police constable threw away my fir application but not the fir. This was done by Brahmin superiors called as Rao’s caste. Recently, the same caste lawyer was hacked in daylight (irrespective of the profession, it could be a police or a business man as well). It’s their age, mental tensions, lack of good pay leads to less tolerancen and they do this. There is no CP in my state who metamorphosed thieves and hit men belonging to an faction hit village just by speaking with them properly. Not everyone is good hearted. NIC evening.

T. Kalaiselvan, Advocate (Advocate)     18 May 2021

You are right in your understanding.

It is not that all the police people are alike.

There are plenty of police who are still human beings and take decisions on the humanitarian consideration also.

But again,a police is a police, which conveys lot of meaning.

You are welcome for your appreciations. 

1 Like

yasaswi gomes (.)     18 May 2021

Sry about grammatical errors, network is slow and mobile device keyboard is not taking the strokes properly.

These top level are slightly irate on every customer which shows mind or physical weakness. People like body builders have lots of tolerance and don’t get angry or show angry gestures towards others. They never achieved anything, never sacrificed their lives for anyone. They took their wages and worked properly can be their epic story. I’m not looking for sacrifice from them as well. I hope police stations and courts will become bpo services soon. Good night.

T. Kalaiselvan, Advocate (Advocate)     18 May 2021

Let us hope your wishes and dreams come true in the future, perhaps we may be available or not to see the dreams come true.

Your good thoughts are good gestures for improvement of the society or for the welfare of mankind. 

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