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Shijan Antony   28 September 2020

police clobber

can a police personnel clobber any person in the lock up?

what is the provision in the criminal laws regarding this offence?


Learning

 11 Replies

Suri.Sravan Kumar (senior)     28 September 2020

No police person can use any force or torture any person who was in lockup. It amounts to violation of human rights. You can approach human rights commission or file writ petition in Hugh court or complain to SP against the person.

 

If the person is arrested illegally you can file Habeas corpus petition in High court.

Shijan Antony   28 September 2020

Thank you sir for the reply

But I would like to know whether there is any legal provisions with exact section number or any police manual or human rights directives or precedents.

I will be obliged to you sir

Thank you

SHIRISH PAWAR, 7738990900 (Advocate)     28 September 2020

Hello,

A police officer will be liable for punishments for offences committed mentioned in the IPC or any other relevant law to the offence. 

Shijan Antony   28 September 2020

Sir,

I would like to know whether 

Is it a general view, or if there's a specific provision for this matter, in which law it belongs and which provision I mean the section number.

Thank you sir

Suri.Sravan Kumar (senior)     28 September 2020

there are several judgements of high courts and Supreme Court on this issue.  Search in Google by typing supreme court judgement on illegal detention by police

P. Venu (Advocate)     28 September 2020

What are the facts? What is the context?

Shijan Antony   28 September 2020

sir
I wanted to know where exactly it is said..

Sudhir Kumar, Advocate (Advocate)     30 September 2020

The querist has not stated any facts and has simply framed a question paper for students and experts started attempting it.

Shijan Antony   30 September 2020

Sudhir sir,

I'm a law student. One of my friends had a bitter experience from police at the lockup. And he asked me is it permissible for the police to torture a person like that. Then I searched in the criminal laws where it is said that prohibiting police from custodial violence. But I couldn't find it. That's why I humbly asked through this platform about the matter. It wasn't a question paper, rather it was a serious doubt for me.

Thank you sir

P. Venu (Advocate)     30 September 2020

Your friend could could have brought the issue to the notice of the jurisdictional Magistrate. So also, there are so many other avenues like the Human Rights Commission, Police Complaints Authority etc. etc.

Sudhir Kumar, Advocate (Advocate)     02 October 2020

You hae still not narrated the facts.


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