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ronnie (network engineer)     22 March 2012

Police arrest my friend without reason

Today early morning two police man(civil dress) come to my friends home on byke and told that they have summons and arrest my friend and taken to police station.

No document given by police. Yet not allowd to talk to him. I doubt that police procedure is not as per the law. As we know there is nothing wrong done by friend like fighting or anything he is RTI ACTIVIST. so i want to know

1) what shall we do

2) what will be the legal procedure by police to arrest someone some detail is require to submit to arrest person.

 



Learning

 13 Replies

stanley (Freedom)     22 March 2012

Go through link it will shed some light 

https://lawcommissionofindia.nic.in/reports/177rptp2.pdf

 

“These rights are inherent in Articles 21 and 22(1) of the Constitution and 
require to be recognized and scrupulously protected.  For effective 
enforcement of these fundamental rights, we issue the following 
requirements: 
1.  An arrested person being held in custody is entitled, if he so requests 
to have one friend relative or other person who is known to him or 
likely to take an interest in his welfare told as far as is practicable that 
he has been arrested and where he is being detained. 
2.  The Police Officer shall inform the arrested person when he is 
brought to the police station of this right. 
3.  An entry shall be required to be made in the Diary as to who was 
informed of the arrest.  These protections from power must be held to 
flow from Articles 21 and 22(1) and enforced strictly. 
It shall be the duty of the Magistrate, before whom the aarrested person 
is produced, to satisfy himself that these requirements have been complied 
with. 
12 The above requirements shall be followed in all cases of arrest till 
legal provisions are made in this behalf.  These requirements shall be in 
addition to the rights of the arrested persons found in the various Police 
Manuals. 
These requirements are not exhaustive.  The Directors General of 
Police of all the States in India shall issue necessary instructions requiring 
due observance of these requirements.   In addition, departmental instruction 
shall also be issued that a police officer making an arrest should also record 
in the case diary, the reasons for making the arrest.

(Guest)

Dear

Proved the illegal custody & get the indimenity from court.

Recently Delhi Court fine Rs.50,000/- on police for illegal custody of victim.

this amount payble to victim.

So keep in mind stanley advice. & file a complaint against police.

vaibhav (a)     02 April 2012

hello everyone

Is this is not a matter of constitutional rights as per article 20 and 21??

I wish to know that in such case cant one directly appeal Supream Court.

plz advise in this matter

vaibhav (a)     02 April 2012

Does a police have right to arrest any citizen without warent?

If no,what should be done in such matter?

Please reply,  Thanks

girish rathod (Software Developer)     03 April 2012

i am not a lawyer. But i know police can do arrest or file FIR in case of coagnizable complain if it is non coagnizable then FIR is not file and normally police leave the arrested person from custody after 2-24 hour.

If FIR is filed then see on what charges [which IPC police have used against ur friend] they have arrested ur friend.
If u fill that charges are 100% false contact to Police commisioner and explai him all the sitution, it will more better if u hire lawyer for communicating with police commisiner.

If FIR is filled then u have to get bail from the court and long - running process start from here. In the next 3 month police will file charge sheet. Even during this period, good or smart  lawyer can nullified the chargesheet i.e ur friend can be free from cour trial.

appoint the fearless lawyer as most of the new lawyer will say that, now you can't do anything. But this is not the case.

And don't be afraid of the police they are gundaas nothing more then that.

Seetharamreddy Kancharla (Student)     06 April 2012

Just i approach the state human rights commision and file a complaint against this thing and put the respondent as the District Superindent of Police, so the commision will send a notice to the concern SP and the SP will take necessary action on the police who ileagally arrested.

RAKESH PIPRODIA (ADVOCATE)     20 May 2012

Police has the right to arrest for interrogation purpose. And police are mostly always right on their path while make an arrest of a purpose. The reason for the arrest is not disclosed, but you can anyhow ask the IO under what section the arrest has been made and apply for the bail in the metropolition court with cash bail or surety.

S.B.adil rahman (Legal Consultant )     12 June 2012

Non issuance of Memo of Arrest or non compliance of D.K.Basu judgment of Apex Court is a contempt of Supreme Court and its prosecution lies with the High Court of the Sate as envisaged in the said judgement. If no Memo of Arrest has been issued, please move to High Court for contempt of Supreme Court order. Ypu can alternatively file a writ  of Habeas Corpus also if he has not been produced before the local court within 24 hours of arrest.

S.B.adil rahman (Legal Consultant )     12 June 2012

Any citation or copy of the order please?

Devesh A. Bhatia (Advocate)     16 June 2012

Its strange to hear that Police said they have summons and not warrant?

Anjuru Chandra Sekhar (Advocate )     16 June 2012

Every Police station needs to have CCTV cameras installed inside so that supervision from Control rooms/Ministry of Home Affairs (State and Centre) is made possible.

S.B.adil rahman (Legal Consultant )     16 June 2012

Chandrashekhran Sir, corruption is an organised crime not limited to one person. In police 98% personnel varying from different ranks are involved in well knit manner. If the system as suggested by you is intorduced then Control Room or Ministry of Home Affairs will also become one of the beneficiaries of the booty adversely affecting the poors as the  rates of bribe will shoot up to get a genuine and legal thing done by the police.So please drop this idea. I would on the other hand invite you to the website mha.nic.in where you will be able to see the Declaration of Assets of immovable properties submitted by the IPS officers as on 1.1.2012 and you will come to know that most of the IPS officers have so much landed properties that if those are converted in to grave yards, it will serve the purpose of the entire Muslims and Christians of the State for their burial.


(Guest)

Yes some curcamtances police has right to arrest without warrant u/s 41 Cr.pc,

But in illegal arrest and custody entitle to get compensation.

Victim also right to suit file against such police officer.


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