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shekhar (proietor)     23 November 2010

police enquiry

1) when police ask( call) somebody to police station does there is any written document is necessary to be with police.

2) how many times police can call for enquiry. does there is limite for day or can they call even at night?


 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     23 November 2010

If any complaint is lodged against any person or for enquiry as a witness or if police have got doubt on a person they may call him for the investigation.  No written document is not necessary only on the basis of the information or on the oral complaint police may call.

Till their satisfaction or until they get sufficient information they may call so many times.

shekhar (proietor)     23 November 2010

sir, what i came to know just now is this

the police, on receipt of a complaint, is to allot a Crime Number and send you a notice u/s.160 & 91 Cr.P.C. which will show who gave the complaint and what the police would enquire with you and what documents they require from you for their perusal and such other details and the date and time for meeting the I.O. Even without a crime number on the Police Notices were quashed by Madras High Court.

pls see does it correct

Vishwa (translator)     24 November 2010

It is a common practice of police to call innocent persons to the police station over false and baseless complaints for harassing them. This has a triple purpose - intimidation, blackmail and bribe collection. Keep the person cooling his heels in the chowky/thana and humiliate him by making snide remarks, veiled threats... Make offers for settling the matter against bribe amounts. Since the local police of the place where I live is firmly in the pocket of Mafia goons, I have faced this several times and am now able to deal firmly with the situation.

If you are innocent, you can take a really strong attitude. Ask for a copy of the complaint against you (so that you can consult your lawyer). Tell them to send a written "invitation" setting out the motives. Tell them you are meeting the IG, SP or other higher authorities. Tell them you are not willing to give any statement and if they have a case, they can come and arrest you. Any of these can effectively shut them up.

If you are guilty in any way, even then it is pointless to go for a meeting. You would be better off looking for bail - most offences are bailable. On the other hand, if you are a habitual criminal, you would know all the ways of bribing the police and getting away scot free!!!

Advocate Rajoo should note that we are living in India and not in Pakistan or North Korea or some such place. We are having a rule of law, at least in principle. Allowing excessive powers to the police for harassing the common man can only further weaken our society.





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