Community › Forums › Legal Advice India › Can you retaliate against cops if you’re evidently innocent?
- This topic has 23 replies, 21 voices, and was last updated 1 year, 3 months ago by
User_2face2db.
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SSmartpushpa3273
PARTICIPANT
March 19, 2025 at 5:39 amI came across a CCTV video where a guy in an orange shirt was running from the cops, and coincidentally, another guy wearing a very similar orange shirt was standing nearby, talking on the phone. The second guy noticed the first one running but didn’t react since he was busy with his call.A few seconds later, an Indian cop arrived and, without verifying anything, started beating the second guy, assuming he was the one fleeing. The video was posted with a humorous caption about the “side effects of Zudio fashion,” but honestly, I found it disturbing.
It made me think—what if this happened to any of us? In such a situation, are we supposed to just take it, or do we have the right to retaliate?
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RRanishark519
PARTICIPANT
March 19, 2025 at 5:46 amin developed countries the victim would have sued the police department for a million dollars -
OOjasking707
PARTICIPANT
March 19, 2025 at 5:47 amRetaliation will get you arrested for assaulting an on duty cop, even if you were assaulted first.Better option is to shield yourself and lodge an official complaint later on. Although it’s doubtful whether any action will be taken based on your complaint unless you got political backing.
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UUrbanwolf7561
PARTICIPANT
March 19, 2025 at 5:52 amI have lost hope in judiciary, police and society, we have to live like insects, anyone can crush us under their boots.-
BBrightwolf1809
PARTICIPANT
March 19, 2025 at 12:09 pmVillains are made not born aisa prove hone wala ye roz nayi news dekh kr jisme law sirf middle class k L lgata h
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YYashdude573
PARTICIPANT
March 19, 2025 at 5:57 amAt max you can submit the complaint with senior officers who can take disciplinary action but still the cops can defend themselves stating their action as mistake of fact.However if injuries are severe, then even an FIR can be filed on those cops.
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UUser_2face2db
PARTICIPANT
March 19, 2025 at 6:04 amGhanta, 4 Punjab police cops assaulted a serving colonel and kuch na hove-
YYashdude573
PARTICIPANT
March 19, 2025 at 6:12 am-
UUser_2face2db
PARTICIPANT
March 19, 2025 at 6:13 amThe policemen aren’t named and the FIR wasn’t filed by the colonel but against the colonel
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IIshaniseeker935
PARTICIPANT
March 19, 2025 at 6:17 amIn India, you are NOT evidently innocent until a Judge says so. Till then, head down. -
UUser_abde119a
PARTICIPANT
March 19, 2025 at 6:23 amIf a police officer ever beats you up here are the following steps :-To file a case against police for beating you up, you should first file a First Information Report (FIR) at the nearest police station, and if the police refuse to register the FIR, you can approach the Superintendent of Police or a Judicial Magistrate. You can also file a complaint with the National Human Rights Commission or the State Human Rights Commission.
You can also file a complaint to the officer in charge
however to give you a bitter pill, human rights in india are shit. Most likely the case will be covered up. However, if you are willing to fight the long battle, there are lawyers whose entire career is dedicated to upholding human rights. Obviously, it take a village to fight such uphill battles but it is doable. The minute we tolerate a slap from a police officer, it emboldens him/her to do worse to people who are more helpless.
NAL.
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UUser_921d7351
PARTICIPANT
March 19, 2025 at 10:32 amNothing will happen, The cops will protect their own department people at any costs, I bet they will not even register an FIR.-
SSilentyashoda5006
PARTICIPANT
March 20, 2025 at 12:27 pmChild Ishant cause issues with following FIR even if other chips aren’t involved. That’s why you send email/letter via registered post to higher authorities to have proof that you tried to file FIR.
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MMightyomkar1753
PARTICIPANT
March 19, 2025 at 10:30 amI despise Indian police for physically abusing citizens. Shamelessly hiding behind a huge state apparatus.Why is thus normalised? In Indian movies this is even cheered
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EEpicfalcon773
PARTICIPANT
March 19, 2025 at 11:18 amI feel that any cops caught indulging in such bullshit should have their employment terminated (not suspended) and their pensions cancelled. -
CCoolbear7192
PARTICIPANT
March 19, 2025 at 12:54 pmi have seen that video, it looked like an unfortunate mistake. -
MMightybear961
PARTICIPANT
March 19, 2025 at 1:32 pmI have heard that Police Complaints Authority makes Police pants S*hit someone told me and this is not verified but policeman fear this.And this only works when you have a proof for the same.
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RRapidroshni8583
PARTICIPANT
March 19, 2025 at 3:20 pm### 1. Filing a Complaint Against Police MisconductThe second individual can file a complaint against the police officer for assault and misconduct. Under Section 166A of the Indian Penal Code (IPC), a public servant who knowingly disobeys the law or abuses their authority can be held liable. The complaint can be filed with:
* The Police Complaints Authority (if available in the state).
* The State Human Rights Commission or National Human Rights Commission (NHRC).### 2. Filing an FIR Against the Officer
The individual can lodge an FIR under Section 323 IPC (voluntarily causing hurt) and Section 341 IPC (wrongful restraint). If the police refuse to register the FIR, the individual can approach a magistrate under Section 156(3) of the Code of Criminal Procedure (CrPC) to direct the police to investigate.
### 3. Seeking Compensation for Violation of Fundamental Rights
The individual’s Right to Life and Personal Liberty under Article 21 of the Constitution of India has been violated. He can file a writ petition in the High Court or Supreme Court under Article 226 or Article 32, respectively, seeking compensation for the unlawful assault.
### 4. Filing a Civil Suit for Damages
The individual can file a civil suit against the police officer and the department for monetary compensation for physical and mental harm caused due to the assault.
### 5. Approaching the Judiciary for Accountability
If the officer acted without proper verification, the individual can request judicial intervention to ensure accountability. Courts have previously condemned police brutality and emphasized the need for proper investigation before taking action.
### 6. Reporting to Media or Public Forums
While not a legal remedy, reporting the incident to media or public forums can help bring attention to the misconduct and pressure authorities to act.
### Precautions and Evidence
* Collect Evidence: The CCTV footage is crucial. It should be preserved and submitted as evidence.
* Medical Report: If injuries were sustained, a medical report should be obtained to substantiate claims of assault.
* Witness Statements: Any witnesses to the incident can provide supporting testimony.*Answer Generated by Paralegal.ai (https://paralegalai.app/chat/916d6830-8452-4ec5-aa88-4418d80224b5)*
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UUser_29281ebb
PARTICIPANT
March 19, 2025 at 11:46 pmThe law enforcement system needs a total overhaul and a major funding boost. Tab tak kuch nahi badlega. -
UUser_29281ebb
PARTICIPANT
March 19, 2025 at 11:52 pmThe law enforcement system needs a total overhaul and a major funding boost. Tab tak kuch nahi badlega. -
SSwifteagle6678
PARTICIPANT
March 20, 2025 at 3:23 amPractical solution: No -
EEpicowl9962
PARTICIPANT
March 20, 2025 at 5:24 amdisclose the video. -
EExpertguru9182
PARTICIPANT
March 20, 2025 at 5:43 am> are we supposed to just take itYes. And file a lawsuit afterwards, which also won’t go anywhere and give those same cops more chances to fuck up your life. That’s it. Unless you have *fuck you money*.
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UUser_c39bc00e
PARTICIPANT
March 21, 2025 at 4:04 amPractically -NO, Theoretically yes:)
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