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What if police beat you without any reason ?


14-Jun-2024 (In Criminal Law)
M Rubina frm Delhi. One of my frnd studies in Bangalore he was just going home after having lunch in bike. Suddenly a police officer told him to get down . Asked where he stays dn just slapped him . He asked why did he slap .He said to leave. My friend is going through depression, what to do when police beat you, what actions must be taken now to get him fired? Please help me. Thank you
Answers (4)

Answer #1
57 votes

If a police officer slaps or beats you without reason in India, it is a serious violation of your legal and fundamental rights under the Constitution. You can file a complaint with the officer's senior authorities or the Police Complaint Authority (PCA), and even sue the officer for misconduct. It is crucial to gather evidence, such as documenting the incident, taking photos, and noting witness details. Misconduct by a police officer is punishable under Indian law, and prompt action helps ensure accountability. This act is considered police brutality, and you are entitled to seek justice through several legal avenues:

  • File a Complaint:

    • Approach the Senior Police Officer at the station or district level (e.g., Superintendent of Police).

    • Submit a written complaint describing the incident clearly with date, time, location, and witnesses (if any).

  • Police Complaints Authority (PCA):

    • Most states in India have a PCA where you can file a formal complaint against police misconduct.

  • Human Rights Commission:

    • File a complaint with the State Human Rights Commission (SHRC) or the National Human Rights Commission (NHRC). These bodies investigate cases of police abuse and can recommend action or compensation.

  • Judicial Remedies:

    • Approach the Magistrate or High Court under:

      • Section 200 CrPC -to initiate criminal proceedings.

      • Writ Petition under Article 226 -for violation of fundamental rights.

      • Article 32 -can be used to approach the Supreme Court directly in serious cases.

    • You may also file a civil suit for compensation for physical and mental trauma.

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Answer #2
909 votes
1. File a complaint against the police officer ( under the charges of defamation, harassment, hurt, criminal intimidation) with his superior. 2. In case if the complaint is refused, then ask him to approach a lawyer to take up this complaint to court in the form of a private complaint.
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Answer #3
731 votes
 Dear Sir/Madam,
Your friend can escalate the matter by filing a written complaint with the Police Commissioner and also by personally meeting the Commissioner to explain the incident in detail.
If no action is taken, your friend has the legal right to file a private complaint under Section 200 of the Cr.P.C. (now Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023) directly before the Magistrate. In such a case, the concerned police officer may be summoned by the Magistrate, and a preliminary inquiry will be conducted.
 
 
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Answer #4
735 votes

Dear Client, good evening. Yes, it's wrong if done by a police officer. Our Constitution has given the right to privacy and the right to dignity. If wrongdoing is done by any person in a public place, the law will take its course. It's enough for you to claim damages against the particular person by order of the court.

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