cathy bayer 15 October 2024

Legal recourse for unlawful detention and fir discrepancies

Hello everyone,

I recently experienced an unlawful detention where I was held by the police without receiving any summons or FIR. Upon reviewing the FIR, I noticed several discrepancies, including incorrect times and events. I was granted bail, but I incurred significant financial losses due to this incident.

Could anyone advise on the following:

What legal recourse do I have for unlawful detention?
How can I challenge the discrepancies in the FIR?
Is it possible to seek compensation for the financial losses I suffered?

Any guidance or similar experiences would be greatly appreciated. retro bowl

Thank you!

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2 Replies

P. Venu (Advocate) 15 October 2024

Any suggestion requires that the FIR be perused and issues discussed.

T. Kalaiselvan, Advocate (Advocate) 15 October 2024

Yes, you can take legal action against the police for unlawful detention in India:

You can file a written complaint with senior police officers, such as the Superintendent of Police (SP) or the Commissioner of Police.

You can file an FIR against the police officer if the misconduct was severe, such as illegal detention, physical abuse, or harassment

You can file a writ petition in the High Court or Supreme Court under Article 226 or Article 32 of the Indian Constitution.

You can file a complaint with the State Human Rights Commission or the National Human Rights Commission.

You can file a civil suit for recovery of damages. The court can direct the immediate release of the detainee, recommend compensation, or initiate prosecution.

Legal recourse for unlawful detention and fir discrepancies

2 Replies

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