Police harassing me asking me to give withdrawal affidavit

848 votes

Hi there, I can help you to put an end to these harassment by police officers. we can definitely approach court and complain about the acts of these police officers. I need info about the case and other details to help you better. Feel free to contact me and provide more information about your issue.

Advocate Ishan Parashar LawRato

628 votes

Hi, This is completely unacceptable behaviour from the police end. You need to immediately file a complaint to his senior authorities and if still remained unheard, kindly contact us as soon as possible so we can guide you on actions to be taken for immediate relief. Regards.

Advocate Vikas Sharma LawRato

668 votes

If the complainant is facing harassment after giving a Section 164 CrPC statement in a case under BNS Section 69, she should immediately approach the jurisdictional Magistrate or Sessions Court and bring these facts on record. Any pressure to withdraw the complaint or give an affidavit under coercion is illegal. A written complaint should be submitted to the SP/CP and the Women’s Commission. If threats or attempted kidnapping occurred, a fresh FIR can be filed under relevant sections. Protection under witness protection schemes may also be sought. Do not yield to any pressure; legal safeguards exist for victims and witnesses.

Advocate Sachin Jain LawRato

747 votes

This is a critical situation involving serious allegations of wrongful confinement, potential kidnapping, and egregious police misconduct to force a withdrawal of a Section 164 BNS (formerly CrPC) statement. Key Issues & Strategy: * Gravity of Offences: The actions described by the accused's family (forceful confinement, goons, alleged kidnapping attempt) and the police (coercion for withdrawal, harassment) constitute grave criminal offences under the BNS, including wrongful confinement, criminal intimidation, and obstruction of justice. The police's conduct also demands stern action. * Section 164 Statement Integrity: A Section 164 statement is recorded judicially to ensure voluntariness and carries significant weight. Any attempt to force its withdrawal is a direct attack on the judicial process and is legally void if proven to be under duress. Immediate Legal Action: * Complaint to Senior Police Authorities: File a detailed, written complaint with the Superintendent of Police (SP) or Commissioner of Police (CP) and the DGP regarding the police misconduct and harassment. Specify names if known. * Approach the Concerned Magistrate/Court: File an urgent application before the Magistrate/Court seized of the BNS 69 case. Inform the court about the ongoing harassment, the attempts to force a withdrawal, and seek protection for the complainant. Emphasize that any forced withdrawal is invalid. * No Withdrawal Under Duress: Absolutely instruct the girl not to sign any withdrawal document if coerced. Such a document, if obtained, can be challenged but creates unnecessary complications. * Documentation: Meticulously document every incident of harassment, including dates, times, and individuals involved. Gather any possible evidence like messages or call recordings. * Human Rights Commission: Consider filing a parallel complaint with the National/State Human Rights Commission due to the alleged human rights violations by state actors. This situation requires an immediate, assertive, and multi-pronged legal approach to safeguard the victim and ensure justice.

Advocate Saurabh Sharma LawRato

893 votes

The 164 statement cannot be withdrawn by giving any affidavit to police. The police have no authority to force you to do so. File a written complaint with concerned SP about the ongoing harassment and constant threats. Move an application before jurisdictional magistrate to register a separate FIR. Even if such threats persist, file writ petition and seek police protection.

Advocate Abhishek Yadav LawRato