Civil Procedure Code (CPC)

right to know about the complaint


when some police orders us to come to station for any complain given by someone against us then what are the rights and the sections speak about our rights to know about the complaint... please tell me
 
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Retired employee.

Every Indian citizen is entitled to seek any information from the public authority under RTI Act with a fee of Rs.10/- + Rs.2 per copy of A4 size and such information can not be denied by the State Public Information Officer.  If the matter is concerned with life or liberty, the information has to be provided within 48 hours. Hence search the website of the Police authority for the format of application, mode of remitting RTI fee and identifying the SPIO and seek a certified copy of that complaint under Life or Liberty if you are the affected party or not.

 
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Advocate

What kind of Complaint kindly provide details
 
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Advocate

The police have the powers to require the attendance of witnesses  for the purpose of investigation.

160. Police officer' s power to require attendance of witnesses.

(1) Any police officer, making an investigation under this Chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the facts and circumstances of the case; and such person shall attend as so required: Provided that no male person under the age of fifteen years or woman shall be required to attend at any place other than the place in which such male person or woman resides.

(2) The State Government may, by rules made in this behalf, provide for the payment by the police officer of the reasonable expenses of every person, attending under sub- section (1) at any place other than his residence.

It is mandatory that the notice should be writing. It is illegal to summon anyone without proper notice. To my knowledge,  the Law has not prescribed any particular form or contents for the Notice.

However, the police officials are required to behave decently towards the witnesses. 

 
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Lawyer

Nothing can be presumed in the absence of contents of complaint being inquired / investigated by the police.

It is better to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.

 
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Practice

Dear Mr Kumar, 

In India the police can order to come to police station or appear before IO in 2 ways:-

1. Informal manner 

2. Formal Manner

In the case of informal manner, there is no written order and generally the person is called via telephone call. In such case, you may also informally ask the concerned officer calling you as to what is the matter and why are you being called. If the officer answers, you will know the matter. In case he does not disclose then you must visit him in the police station. But in such case remember to inform any of your friends or family member that you are going to so and so police station. And also tell them that if you don't come within some time learned male member of your family can reach there. You may also inform any known advocate about such matter so that they keep a watch. 

In case of formal order, Notice under section 41A Cr PC is issued to the possible accused (which is you). Generally this notice is issued if the police, based on prima facie evidence, believes that you are involved in a crime. In this case, inform your advocate immediately and appear before the officer along with your advocate. In case you apprehend that you may be arrested then don't go personally. Send your advocate. Instruct him to file anticipatory bail in case he so advises after meeting with police. 

 

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, At Chandigarh

 

 

Disclaimer:- The opinion is only for guidance. 

 
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Advocate

  • The courts have explicitly given rules specifying that, during the inquiry, a police officer can not intimidate people and must write down minutes of the inquiry in the station log or the daily journal.
  • If a person is summoned on the basis of being mentioned in a petition or listed as a witness, the police officer shall request a formal subpoena under Section 160 of the Code of Criminal Practice, 1973, stating the date and time for attendance.
  • It’s also suggested that an advocate can join you if you go to the police department to lodge a lawsuit against a police officer.
 
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Student

Hello!  

The complaint made against an individual to the police can be used to file an FIR and for further investigation. The person against whom the complaint is given is called and before the police start with the investigation, he needs to know his rights. You need to know the charges and the content of the complaint against you and what grounds the accusations had been made. If the charges are non-cognizable in nature, then the police have no right to arrest without confirmation from the magistrate.   

If you have been called to the police station and kept behind the bars, the police must present you before the magistrate within 24 hours of the arrest. If the police have called you for investigation, they have no right to use force on you or intimidate you in any way to get a confession and you cannot be forced into giving evidence that can be used against you. Any unnecessary use of force by the police can be the ground of complaint against them. It is also advised that before visiting the police station you inform a lawyer about your situation.  

In cases where accused persons also include women, they cannot be asked to come to the station unless extremely necessary and no women can be arrested after sunset and before sunrise. So, if you are called the police station as accused, you must be aware of these rights.  

Regards  

Vasundhara Singh  

 
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