Is it legal to arrest convict's family members ?
Nilanjan Pal
(Querist) 18 June 2015
This query is : Resolved
Is it legal to arrest or torture convict's family member i.e. wife, minor kids unless their involvement with the crime is proven by court order ?
P. Venu
(Expert) 19 June 2015
Do you mean 'accused' or 'convicted'?
Dr J C Vashista
(Expert) 20 June 2015
What wrong (legal) has been done by the kith and kin of the "convict"?
State full facts of the case for proper opinion and advise.
Satya Mani Tiwari
(Expert) 20 June 2015
This is usually done by police if they fail to arrest the accused or whereabouts of the accused is unknown or in case when there is pressure on police to make arrest in a particular case which has taken lime light due to media or influence of political leaders or in case of public interest which is a result of henious crime, in such matters such desperate steps are taken by police. The motive behind is to put indirect pressure on accuse to surrender, it can also be termed as emotional blackmailing, although it has no legal significance but at the same time if challenged police can involve a family member u/s 120B but it all depends on the merit of the case. If you can give details of the case then may be specific opinion can be given.
Biswanath Roy
(Expert) 22 June 2015
To discharge duties in accordance to law Police shall have to abide with the provisions of Code of Criminal Procedure, Police Act, and Police Manual. If Police acts in contrary to that or otherwise act in defiance to law they are liable for prosecution and to be punished. Law cannot tolerate any excesses. If Police harass and humiliate family members of the alleged accused/offender they as citizens of a democratic country like India and as innocent sufferers can file a writ of Mandamus against Police atrocities in the High Court for punishment of the accused Police personnel and for damage and compensation .
