Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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ASGAR FANSOFKAR (ENGINEER)     28 June 2022

Recording your own statement in police station

Dear Experts,

I went to police station to file a complaint against a supplier who has supplied defective goods and was not of the quality I ordered he also send me a soft copy of first is a report of the product since he has done this fraud I went to file a complaint against him but the female duty officer refused to file my complaint and said that I should go to consumer court for the same on hearing this I said madam he has done of fraud and cheated me so isn't this a crime he has done for which I should report in police station on hearing this she became angry and started speaking in abusive tone I came to know something is wrong so I started recording my statement so that if any mistake is been done I will have the proof I started recording in front of the police officer after seeing that she let it may to record for couple of minutes then came and really to me and ordered me to hand over the phone to her and said that who gave you the permission to record you think that you are clever now see what we do I am going to file a complaint against you as well as I will put you under ATC and started abusing me in front of all the policeman she also started saying to every policeman passing by that I was recording and they all commented to put me in jail and file criminal case, one of the police man even said to encounter me.

I being a doctorate person and owner of an IT company named AFTECH was very much afraid and not knowing what to do, they didn't even let me to contact my relatives and said once they register the case they will let me call and started behaving with me like i am a criminal and started giving bad words on my mother and continuously tortured me mentally, Later on when they confirmed that I was a Doctorate person they started behaving properly and then after an hour and half a senior official came to me and ask me what was the purpose of recording I said that I need for showing to my daughter who has given the money for purchase of the products the officer said that I can go to consumer court and to the police station where the goods were delivered and asked me to leave after giving my phone and asking me to delete the recorded file.

I would like to know what crime I have done by recording my own statement OR the police officer was just threatening me and wanting to put me behind bars, If I have done any crime by recording my own statement then under which section of IPC or CRPC is it falling and In case it is not then what action can I take against the said police officer as being an highly educated person, I was very much upset with the police man and the lady duty officer causing me mental harassment and torture I am still not in peace of mind from the time of incident.

Kindly advise whether I have done any crime or not and what action can be taken against the said police Sub Inspector

awaiting your early expert comments

Thank you very much in advance.

Dr. A H Fansofkar


Learning

 4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     29 June 2022

bring the matter to higher officials on their abusive attittude.Policr is a public servants not enemies

G.L.N. Prasad (Retired employee.)     29 June 2022

First, collect CCTV footage immediately under RTI and this is a lesson why no reputed, educated never steps into a police station and always prefer filing complaint online or through post or through kiosks established for such purpose..  Entrust the case to an honest advocate as we can not believe everyone, as clients complaining against police or very rare and advocates need police help every day.  File this as a complaint/grievance to the IG of Police and Home Minister.  Also, file such complaints before HRC online.

Kishor Mehta (CEO)     29 June 2022

It is a criminal offence either to record a statement or to take photograph of a person without his/her permission. If you wanted to record the conversation you should have first asked the lady police officer's permission, explaining your reason for it, and recorded the permission and then and only then you should have recorded the conversation.  

Anila Sabu   29 June 2022

Dear Querist,

Firstly i would like to clarify that you have done no wrong in this situation. Your actions were all understandable and necessary as per the situation and in no way broke the law.

However, the police officer on the other hand broke several law, all of which you can take strict action against, which would include:

1. Failing to take an FIR - 

You may approach the local magistrate in accordance with CRPC 156 (3) 1973 if you are unable to file a FIR at a police station. A magistrate has the authority to direct the investigation under this clause.

A magistrate has the authority to take notice of the complaint and order the police to look into the matter and provide a report. If a case is discovered, the magistrate may instruct the police station supervisor to file a FIR and conduct a thorough investigation.

As the police officer declined to file a FIR, a complaint may be filed to the Superintendent of Police or the Commissioner of Police. These officers may then conduct their own investigation or instruct an officer under their command to do so. The available remedy is to go before a Judicial Magistrate of First Class if neither they nor a subordinate officer are instructed to conduct an investigation.

2. You can file a claim for an unjustified or wrongful arrest.

Additionally, because you were detained for a certain period of time, you are also qualified to file a false imprisonment compensation claim.

3. 

Our human rights are priceless and ought to be protected in every situation, especially by law enforcement personnel.

The human rights attorneys at DPP Law can assist you if you feel that your rights have been violated at any time during a contact with police. They will carefully consider what you say and put up a lot of effort to develop a compelling case that could lead to your receiving compensation.

Only if the court determines that it is "essential to offer just satisfaction" will you be successful in your attempt to recover damages as a result of a human rights violation. Depending on the specifics of the breach, the amount will vary.


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