There was a member who had this question.
When a person is called in for questioning, what should he do?
and a question about legal recourse.
His query is at this link
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Discussion > Criminal Law > Please advise the best way a citizen can deal with police.
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I have answered that here. It might be useful for the ones who have been called in for matrimonial matters too.
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This is an interesting question.
What is the LEGAL RECOURSE to the accused ?
1) The accused can ask for the complaint against him, given in writing, for reading.
2) The Station House Diary would have the details entered. Those details should be read out aloud, to the accused, since that is his fundamental right.
3) If there is a complaint against you, issue a counter-complaint, if the OP( Opposite Party ) ( Complainant ) is also at fault.
In addition to this, you have to give a reply to the complaint of the OP.
The OP too would be asked to give a reply to your complaint.
The complaint-counter-complaint and reply-counter-reply would be filed and an acknowledgement issued to the two of you.
If it is a cognizable offence and compulsorily you have to be produced in court, they would proceed to do so.
The Police have to read out the charges aloud and you may submit your denial or objection in writing there at the Police Station and You must submit to the magistrate any of your denials or objections. In fact, the magistrate would ask for your version.
Remember that in front of the magistrate,it is sworn statement and you cannot alter them later.
That is a very lengthy procedure and better not resorted to.
If it is bailable offence, you must come out on bail.
Here are some links to help you understand bail, in it's entirety
https://judis.nic.in/supremecourt/qrydisp.asp?tfnm=5027
https://blog.ipleaders.in/a-simple-guide-to-personal-bail-bond-with-and-without-surety-understanding-the-kejriwal-case/
https://indiankanoon.org/search/?formInput=bail%20without%20surety
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When CALLED IN FOR QUESTIONING,
ANSWER THEM TO THE POINT. NEITHER MUCH NOR LESS. ANSWER TO THE POINT.
REQUEST FOR TIME TO PRODUCE SOME DOCUMENTS.
BE SMART ENOUGH TO ASK HIM IF HIS SHIFT WOULD REMAIN DAY OR WOULD IT BE NIGHT,
AT THE TIME WHEN YOU INTEND TO PRODUCE EVIDENTIAL DOCUMENTS.
If you are an accused, do not hope out of hope, for even an iota of mercy and respect.
BUT RECORD THE VOICE CONVERSATION BETWEEN YOU AND THE POLICE, IF YOU SUSPECT THAT THEY MIGHT PLAY TRUANT.
THE COURTS IN INDIA, ARE MOSTLY, DIFFICULT WITH and TOUGH UPON THE POLICE. THEY DO NOT TRUST THE POLICE EASILY.
SO, IF YOU HAVE VOICE RECORDINGS AS EVIDENCE, ALL THE MORE THE BETTER.
BUT IF THEY KNOW YOU ARE RECORDING, BE PREPARED FOR AN AVALANCHE OF MILITARY-PRECISION STRIKES.
SO, PLAY IT SAFE. DO IT ONLY WHEN YOU FEEL THEY MIGHT PLAY TRUANT.
The Police go by one simple formula.
" He is an Accused. What respect and why ? "
Accused number 1 ( A1 ), Accused number 2 ( A2 ),...etc
No names, just numbers.
The police would say
" yeh 104 ( Constable's Identity Roll Number ), usko bulaa re...A1 ko bulaa...
yeh, tera saathi kahaan re M***** C***...bol varna tujhe A1 banaake, usko A2 banaa dhoonga.
jaldi bol,..etc etc etc "
So, the moment you step into the Police Station, DO NOT GET SCARED.
The more you conduct yourself with SILENCE AND LIMITED WORDS, you are treated with respect.
Discuss with the Head Constable first, then the Asst.Sub-Inspector and then the Sub-Inspector.
Do not worry. The ball will roll automatically from their hands to the Inspector.
Their FIRST IMPRESSION is what the Inspector goes by, at the face of it.
But I am giving you these tips, assuming that you are neither the ACCUSED nor his ACCOMPLICE.
Also remember, with the Police, the more evidence you produce as ANNEXURES to your complaint / reply, the better.
The One and Only thing that deters them is EVIDENCE.
The One and Only thing that aids them is again EVIDENCE.
They would not accept your evidence upon the word GO.
But atleast with EVIDENCE on hand, your time flows in a relaxed manner at the Police Station.
Read all my articles about the Police and you can decipher ways and methods, as applicable to your case.
SILENCE, APPROPRIATE RESPONSE, EVIDENCE all go a long way in keeping you safe and relaxed.
DO NOT, I REPEAT DO NOT GO WITH UNSHAVEN LOOKS AND UNKEMPT HAIR AND HAPHAZARD CLOTHING, EAR-RING in one ear, NOSE PIERCED, EYE-BROW PIERCED, LIP-PIERCED, TONGUE PIERCED, UNSHAVEN, TATTOOED,...etc
Yes, it is your fundamental right, but you cannot change the perception of people who are more tuned into local sentiment and culture within India and are in no way connected to either the beaches at Florida, USA or to Robert Ludlum and his English Novels.
So, be Practical and realize the atmosphere of the place where you are stationed.
THE DEPARTMENT's PSCYHOLOGY DRIVES THEM TO EITHER RESPECT OR ATLEAST CURTAIL THEIR OWN VERBAL VOLLEY OF WORDS TO A CERTAIN EXTENT TO
1) Men with Gentlemanly Looks
2) Women with traditional dressing and well-covered torso ( i do not mean a burkha :)
3) ENGLISH - People with good english skills are considered OFFICIALS.
YEH LOG OFFICIALS HAIN.
INSE SOCH SAMAJH KE BAATH KARNI CHAAHIYAE.
NAHIN THO COMPLAINT KARKE MERAE NAUKRI PE HAATH LAGA DENGAE.
This is how they think.
Too much of English - You are immediately branded ARROGANT
Too much of local language - You are immediately branded ORDINARY CHAP
It should be a mixture of both - in the 65 : 35 ratio
Begin the first line with English, switch over to local language, pepper the talk with 65 percent of english and 35 percent of local language.
Do NOT speak too much.
Do NOT speak too less.
Extremes are to be avoided.
Do NOT take names. They do not like it.
It is similar to entering a fox's den and pulling it's tail and proclaiming " you cannot bite me ".
Visualize such an action and compare that to your presence at the Police Station.
So, do not do that.
But Yes, at times, you need to throw some names to prevent some harsh elements within the police station, from literally running over you.
But do it with precaution and only if you know that person whose name you invoke.
Mainly because you never know who is the friend and who is the enemy of that person whose name you invoke.
For instance, there are two leading criminal advocates here at Bangalore. They charge many lakhs of rupees per presence. I know both of them.
But I know one of them, better than I do the other.
One day i was speaking casually to the daughter of one of them.
She immediately surprised me saying the other criminal advocate actually sent me to her father's office to spy upon.
I clarified immediately and she back-tracked.
I later realized that there have been more than one ocassion when professional rivalry and political party allegiance difference has cropped up between them from the 1980s.
So to say, you never know which police officer likes and/ or hates the person whose name you invoke.
So remain careful on that front.
LAW - The moment the police realize that you know the law, they become cautious.
so, IPC,CrPC, local state police act and the state police manual and a few citations of the high court or supreme court as applicable to your case. Have these ready.Produce them and when using the words from these, issue them as the police are used to.
Do not say SECTION 506 for CRIMINAL INTIMIDATION.
Say " woh 506 hai. dekhna padega "
With the Inspector, the moment you use the word CITATION and produce certain JUDGEMENT copies, he would become cautious. He will NOT fool around with you although he might boast of legal knowledge or menacingly strike you with words about his legal knowledge. Ignore it.
But DO NOT LECTURE to the POLICE.
They know how to complicate matters and push you into complex legal scenarios.
Once you get into a complex legal scenario, each and every section of the IPC and CrPC has a rate-card among the advocates and you could eventually turn bank-rupt paying your advocate.
So, beware. DO NOT LECTURE to the POLICE.
DO NOT STARE AT PEOPLE IN THE POLICE STATION.
DO NOT FLASH YOUR MOBILE.
DO NOT CROSS LEGS WHILE SITTING AT THE POLICE STATION.
IT IS EXACTLY SIMILAR TO ATTEMPTING TO SET FIRE TO AN ELEPHANT'S TRUNK, WHEN YOU ARE ALONE WITH IT IN THE FOREST.
You can imagine the consequences, for yourself.
DO NOT STARE AT THE PEOPLE WITHIN THE LOCK-UP
DO NOT ASK IRRELEVANT QUESTIONS TO THE POLICE
DO NOT SPEAK MORAL-SCIENCE
DO NOT SPEAK ON YOUR MOBILE, CONSTANTLY AND LOUDLY
DO NOT EVER EVER RAISE YOUR VOICE BUT BE STERN AND ASSERTIVE IN AN AGREEABLE MANNER.
DO NOT GET SCARED. JUST REMEMBER THAT. DO NOT GET SCARED.
THE MOMENT YOU GET SCARED, YOU BLABBER OR REMAIN SILENT. THAT IS IT. THE POLICE WOULD HANDLE THE CASE THEY WAY THEY WANT TO.
NEITHER GET SCARED NOR BLABBER. DO NOT REMAIN MUTE AS WELL.
MOST IMPORTANTLY, DO NOT INTERRUPT WHEN THE OTHERS ARE SPEAKING.
CONVEY THAT YOU ARE A DECENT AND EDUCATED INDIVIDUAL WITH THESE WORDS
' Now that all have spoken, my request for some time here so i can speak '
Make an Intelligent Summary of your lengthy case.
KEEP IT BRIEF BUT COVERING ALL POINTS SIMILAR TO PRECISE WRITING
< ENGLISH GRAMMAR >
DO NOT BOAST
DO NOT TELL THE POLICE THAT YOU ARE SO AND SO AND DONATE SO AND SO AND ARE A VIP SO AND SO AND YOUR UNCLE HAD A GRAND-FATHER WHO HAD A DySP AS HIS TENANT AND SO AND SO.
SPEAK LESS, READ SOME BOOK, ALWAYS KEEP AN EYE ON THE INSPECTOR'S CABIN.
HE WALKS OUT AS QUICKLY AS HE WALKS IN.
THEY WORK 14 HOURS AT TIMES.
THE INSPECTOR HAS A SMALL ENCLOSURE WITHIN HIS CABIN WHERE HE MAY TAKE REST AND THEN GET GOING AGAIN. THE PRESSURE IS HIGH.
ALWAYS, ALL THE TIME, PICK A WHITE-SHEET, DO A DIAGRAMMATIC REPRESENTATION OF THE CASE, TITLE IT AS SYNOPSIS AND SHOW THAT TO THE POLICE AND EXPLAIN QUICKLY.
WITH THE POLICE IT IS ONLY A FEW MINUTES THAT YOU GET WITHOUT HIS ATTENTION WAVERING.
As soon as your job is done, EXIT first.
AS MUCH AS POSSIBLE TRY TO SORT IT OUT WITH THE SUB-INSPECTOR OF POLICE.
IF NOTHING WORKS OUT, ENSURE THAT THE FILE MOVES TO COURT.
FROM THERE, IT IS REGULAR AND ROUTINE ADVOCACY.
YOUR LAWYER WILL ADDRESS IT.
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I have given the basics here since anything further to this, would end up confusing you.
Just remember that the COMMON MAN does NOT FREQUENT the Police Station.
Mostly, the criminals are held there.
With criminals, the PITCH AND TONE used by the Police, is the right thing to do.
SO DO NOT BLAME THE POLICE.
I AGREE, THERE ARE BLACK SHEEP IN EVERY PROFESSION.
BUT, DO NOT BLAME THE POLICE.
IF NOT FOR THE POLICE, THE CRIMINALS WITHIN SOCIETY, MOVING AROUND IN THE GUISE OF RESPECTABLE PEOPLE, WOULD
1) Erase the Dignity of a Man and enslaven him.
2) Rape a woman and thereby erasing her dignity and make her a prostitute.
THIS IS INDEED A DANGEROUS WORLD THAT WE LIVE IN.
YOUR TIME, MONEY AND ENERGY ARE YOUR CHERISHED POSSESSIONS.
BUT THERE ARE ONE THOUSAND AND ONE CRIMINALS OUT TO ROB YOU OF THESE.
BEWARE.
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But if you feel the police are crossing all limits, then issue
this sentence in a very calm and composed manner and
they would tone down.
But issue this sentence, only if he/ she is crossing all limits.
Keep this sentence for the last.
It is very effective and repeating it, sends them retreating back
by many steps .
It works and is very effective.
" Sir, i have come to a GOVERNMENT OFFICE
and not to anybody's home.
so, personally there is no enemity between me and you.
you are doing your duty and i understand that.
But from my side, i am making it clear that I have come
to a Government Office and Not to anybody's house. "
