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V Kumar Singh (Executive)     03 April 2022

Death due to police harassment

If a person is mentally harassed by police, and he dies due to heart attack, what charges/sections can be brought out against the police personnel involved ?



Quick Summary
If someone dies from a heart attack due to mental harassment by police, legal action can be taken. It's advised to file an immediate complaint with all details. If the police are unwilling to register it, you can approach a court under Section 156(3) of the Criminal Procedure Code. The specific charges will depend on how the police actions compelled the deceased. Additionally, Section 29 of the Indian Police Act, 1861, outlines punishments for police misconduct.

 2 Replies

Adv. Satyendra kumar chauhan (advocate)     04 April 2022

File immediate complaint with all the facts to police station and if police is reluctant to register the same then approach to court to file complaint under section 156(3) Criminal Procedure Code. For sections it has to be seen that how police has compelled to deceased for suicide. 

Palak batra   05 April 2022

Dear Querist,

 

Various petitions claiming about the harassment by the police are being reported. In such a case one should file an FIR. One can also approach court under sec. 156(3) of crpc which talks about the powers of magistrate and is empowered under sec.190 to order investigation. 

 

A magistrate can also ask for the reopening of any case even after  the police submits the final report which was held in State of Bihar vs. A.C. Saldanna. 

 

Sec. 29 of Indian police act, 1861 talks about certain punishments for the misconduct of the police. A police complaint authority was also formalised back in 2006 After the Judgement in the Prakash Case. Against the serious misconduct by the officials.

 

Regards,

Palak


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