Shijan Antony 28 September 2020
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
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.