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Misbehavior and abuse b y police. What action can I take?


08-Mar-2023 (In Criminal Law)
If police have a misbehave a medical student and he talk a vulgar language to my personality... So what can i do???
Answers (1)

Answer #1
998 votes
Are you a Male or Female? Do you have any evidence or witness in this case ? I would recommend to go for IPC 504 & IPC 506 rather since its verbal & not physical that I see IPC 504. Intentional insult with intent to provoke breach of the peace.—Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

IPC 506. Punishment for criminal intimidation.—Whoever commits, the offence of criminal intimidation shall be punished with imprison­ment of either description for a term which may extend to two years, or with fine, or with both; If threat be to cause death or grievous hurt, etc.—And if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or 1[imprisonment for life], or with imprisonment for a term which may extend to seven years, or to impute, unchastity to a woman, shall be punished with imprison­ment of either description for a term which may extend to seven years, or with fine, or with both.

Remember both are Non-cognizable so police/court may or may not take the cognizance & it depends upon the situation & moreover the proof or evidences you provide. An un-tampered electronic recording on recording device is a valid evidence which easy to capture as many of us have mobile phones that can record. Without a proper evidence it is really difficult to prove.

Are you a women in INDIA? You have additional Women Card to play

IPC 509 Word, gesture or act intended to insult the modesty of a woman.—Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.

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