What to do if police is harassing you in India?
Asked by: Georgianna Stokes | Last update: October 3, 2023Score: 4.4/5 (27 votes)
Police misconduct complaints should be submitted to the city commissioner's office if the victim wishes to file one against a police officer. Whenever a police officer fails to file a formal complaint, the victim may send the substance of the complaint, in writing and by postal service, to the Superintendent of Police.
How can I take action against police in India?
You have to explain the details of the incident to the station police. Over the Phone: You can also file a complaint against the police over the phone by calling the police station and speaking to the duty officer. You will be required to explain the incident in detail to the officer.
What are my rights when dealing with police in India?
Police can't refuse to lodge your FIR if they do, then, you may contact the local magistrate in accordance with section 156 (3) of CrPC. A magistrate has the authority to direct the investigation under this clause. A magistrate may consider the complaint and order the police to look into the matter and submit a report.
Is it legal for a police officer to hit you in India?
During an arrest, police officers are only allowed to use as much force as necessary to arrest you. So remember, if you do not use resist the arrest (kick, scream, hit), the officer is not allowed to use force on you.
Can we record police officers in India?
The Indian Constitution does not explicitly prohibit recording police officers on duty, but there have been cases where individuals recording police activity have faced legal action.
Things You Need to Know When Dealing With Police | How to Complain Against Police | Nitish Rajput
Can a police officer take my phone in India?
As far as law is concerned, Indian cops seem to have almost unchecked power to demand that the accused, or anyone else who they are dealing with, hand over a phone or laptop. This they can do in the interest of investigation.
Can police take photos of you in India?
Such action is illegal and unconstitutional
It does not permit taking photographs of persons by police, except those who have been arrested or convicted of a crime, or sharing such photographs with any other law enforcement agency.
What should I do if a policeman slaps me without any reason in India?
1. File a complaint against the police officer ( under the charges of defemation,harassment,hurt,criminal intemidation ) 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 private complaint.
What is the punishment for slapping police in India?
Whoever assaults or uses criminal force to any person otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.
Can you ask for a lawyer during interrogation in India?
Right of arrested person to meet an advocate of his choice during interrogation. - When any person is arrested and interrogated by the police, he shall be entitled to meet an advocate of his choice during interrogation, though not throughout interrogation.”
Does police have right to check your phone in India?
Lawyer Sanketh Yenagi also said it's important to remember that it's illegal for the police to seize and check phones. “Article 21 of the Indian constitution provides for the right to privacy; it is the government's duty to protect it,” he said.
Can police come to your house at night in India?
Yes, the police can enter your private residence or office without a warrant, but only under very limited circumstances.
What happens if you don't stop for police India?
This will not allow you to get away with doing wrongs, you must obey the law and respect the authorities. Starting with: Do not run from Traffic cops when they stop you, otherwise, you will end up paying a fine of Rs. 500.
What is the most common complaint against police?
The most common state claims brought against police officers are for false arrest, false imprisonment, malicious prosecution, and use of excessive or unreasonable force.
What happens after filing a police complaint in India?
Once the report is filed, an officer will be assigned to the case and begin investigating. The officer will gather evidence, interview witnesses, and speak to the victim. Once the investigation is complete, the officer will submit a report to the prosecutor.
Can a foreigner file a police complaint in India?
The police officer is obliged to register an FIR. A foreign national can visit the nearest police station from where the offence has taken place, and refer his complaint to the police officer in writing. The information must disclose a cognizable offence.
How long will you be in jail for slapping a cop?
As stated above, a conviction under CPC §241(c) can result in up to one (1) year in a county jail, a fine of up to $2,000 (two-thousand dollars), or both jail time and a fine.
Can the police use violence in India?
The question is simple, that is, what is the standard for the use of physical violence against a citizen by a representative of the state. This standard has to be high. Anything less than an imminent expectation of violence cannot be met by the police with any level of a physical response.
Can you go to jail for slapping your child in India?
Hurting a child amounts to a crime and can make a person liable for voluntarily causing hurt or grievous hurt under Sections 323 or 325 of the IPC; assault or criminal force under Section 352 IPC; criminal intimidation under Section 506 IPC; and where the child is humiliated to the extent that he commits suicide, then ...
What to do if police are rude to you?
Exhibit Non-Aggressive Behavior & Speech
If the officer yells at you, DO NOT yell back. Speak at a normal, respectful volume. If an officer is staring aggressively, DO NOT stare back. Lower your gaze and break eye contact.
Can police stop you for no reason in India?
With all of us following traffic rules, there is no reason for the Traffic Police to stop you. But if you do get stopped, irrespective of whether you have committed an offence of not, you should be aware of your rights as a citizen.
What is the charge if you beat someone up in India?
Whoever assaults or uses criminal force to any person otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.
Can you use pictures from the Internet without permission in India?
Also using someone's picture without their permission is an offense under cyber law. Under cyber law you can file a complaint in cyber cell police station against any person who is doing this crime. Hope this answers your question.
Can someone film me without my permission in India?
Article 21 of the Indian Constitution protects everyone's right to privacy under the protection of life and personal liberty. This means you may be liable for a violation of privacy if you photograph or record others in situations where they expect to be free from surveillance.
Can someone take a picture of me without my consent in India?
Section 66E of the IT Act - deals with the violation of privacy by capturing, publishing or transmitting an image of a private area of any person without his or her consent. For the same, the punishment prescribed is either three years in prison or a fine of not more than two lakh rupees, or both. 2.