- This topic has 10 replies, 5 voices, and was last updated 1 year, 4 months ago by
.
-
Posts
-
-
UAn FIR was filed by Himachal Pradesh Police against unknown persons over the ‘samosa controversy’, alleging that confidential documents of the CID were leaked in public, and tarnished the image of the agency and the state government.
-
RADVOCATE HERE. I’ll tell you more: State polices file FIR for: A. Against parking managers for not checking the underbody of a vehicle before allowing its entry. B. For carrying a scissors beyond regular length in public. C. For being top seller of food on your street i.e. being crowded. D. For not revealing your name. E. For putting up a banner on a public wall! I CAN GO ON. THESE PEOPLE LITERALLY ARREST PEOPLE ON SUCH ALLEGATIONS. I GET THEM BAIL ON DAILY BASIS! This is how absurd sometimes police gets.
-
UIs there no checks-and-balances on police misconduct?
Also, can you really get arrested in India for not providing your name/id? US has the right to remain silent, do indian courts believe in that? Are witness statements taken under duress acceptable to the Indian trial courts?
I’m just trying to understand how deep the rot is in Indian governance structure.
-
RThere are no checks on this protocol because they are literally playing by the book. What all I mentioned, are indeed offences as per law. However, these are far less important offences to be arrested. It is the Parliament that befools us all! Parliament is sitting with eyes closed and mouth shut, and not acknowledging changed circumstances of the modern day.
Regarding non disclosure of name: Yes, absolutely true. Please read Section 39 BNSS, 2023. Identical section was present in now-scrapped Cr.P.C., 1973.
-
-
HCan you be arrested in India for not providing your name/id ?
The answer to that would be gleaned from reading Section 39 of BNSS (Section 42 Cr. P.C.).
From this section it can be said that, if a person
a. In presence of a police officer
b. Commits a non-cognizable offence
c. when the police officer makes a demand to know his name/identify/address
d. Refuses to provide the details to police officer or provide name or address, which police officer believes to be falseThen such person can be arrested to ascertain his name or address
And India Police personnel are known to be crafty in framing people on false charges just for the sake of getting some chai Pani.
Do India has right to remain Silent like in US ?
The answer to that is yes to the extent that a person cannot be asked to incriminated himself (Read Article 20(3) of Indian Constitution.
Again, to the extent that you are not incriminating yourself.But if you withheld information like telling your name or address is not protected by it.
Or if you know someone (Friend or family) who has committed a crime and you are protecting them by giving them shelter or otherwise, then you can be charged for aiding and abetting. (accessory after a fact)Do statement or confession given to police officer can be used to against that person.
Answer to that is NO.
any confession or statement which incriminates a person given to a police officer under duress is not acceptable evidence to convict a person.
Read Section 22 and 23 of Bharatiya Saksya Adhiniyam (24 to 28 of Indian Evidence Act) -
-
-
MDo any of these go to Police Accountability Commission or equivalent in your state? I have seen them to be very effective in such egregious cases. From ruining careers to showing up at doorstep begging to take the complaint back.
-
RBefore I answer this: Have you had a personal experience AFTER withdrawal of complaint before PAC?
-
-
-
-
HIt is the job of police to file FIR if someone complains. Do you think the police filed the linked FIR by themselves? Absolutely not! They don’t have a choice in this regard. In fact, police in most cases police try to avoid filing FIR as they would then have to investigate as well and regularly report the progress of the case in court. In this case, probably someone with political connections complained, which is why they had to register the FIR.
Regarding the other things mentioned by others in comments, while police do harass people for money, in most such cases, they only threaten verbally and avoid doing anything in writing. Also, there are cases where someone may have complained, and they take advantage of the situation to harass you to make money. But they will only go for an official case (false) if you mess with them or offend them, or someone with power or money has asked them to do it.
-
