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MoinF (na)     22 April 2015

Is carrying a spy pen in police station considered a crime?

I was in Delhi the other day. saw hordings of CM Arvind Kejriwal, asking to record those who asks for bribe, and his promise to send those to jail. Well, I decided to take action, and bought myself a 'SPY PEN', well, I put that in my pocket, and entered Simapuri CAW cell. that's where my ex-wife has filed a fake 498a, etc against me and my family. Actually, my intention was not to record any police official asking me bribe, but to record her and her family members threatening me, and asking extortion money. Anyways, one of the guys noticed that pen in my pocket. At that time, it was not 'ON', and the data card in the pen was carrying 0 bytes of content in it. that is; no recording at all. 

 

They then bought me to SHO, who guided his subordinates to 'detain' me, like I am a freaking criminal, or committed a crime. FYI; I am a software engineer, and probably got more degrees then those officials. 

 

I have requested them to check my pen, as it was not even operational at that time, and my intention was clear. But, they told me that they don't allow carrying such gadgets in there, and it's a crime. 

 

Well, they put me in some locker room with 'real' criminals sitting right next to me, for hours, and crushed my pen with a hammer. They told me, that I have committed some serious crime by bringing that pen in CAW cell, and I will be arrested and retained unless I get myself bail. After some hours passed, they offered me truce in terms of offering 1 lack to my ex wife. My parents were literally crying at that time, and accepted it. 

 

I am out now, but I would like to know whether it was really a crime, or they have conned me? Well, if it really was a crime, then how the hell they were managed to free me in terms of one lack to my ex wife? 



Learning

 4 Replies

Abhishek (Cheif Attorney)     22 April 2015

It wasn't a crime because your gadget was off And police doesn't have any authority to arrest you If you haven't committed any offence

MoinF (na)     22 April 2015

I haven't. except that I was carrying this gadget with me. Now, that I know it wasn't a crime. what can I do to fight back? I would really like these corrupt officials to be punished for blackmailing innocent people. 

Laxmi Kant Joshi (Advocate )     22 April 2015

Bring in writing the whole incident in the knowledge of sp police/police dcp, and ask the relief and compensation for you also engage a lawyer and make a private complaint in the court u/s 156(3)crpc, their activity is totally illegal .

Hardeep (Business)     25 April 2015

Just wondering - had the spy pen been on would it have been an of fence ,? If so, please cite relevant law / cases. To my mind, in any " public place " by definition the laws of privacy won't apply and if so the proceedings may be recorded. Appreciate all inputs.

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