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March 10, 2025 at 10:33 am in reply to: Is there any point in making a complaint to the Bar Council of Maharashtra? #38356HHappyshark11
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March 10, 2025 at 10:33 amThats the problem with everyone. No one files a complaint assuming nothing will happen.March 10, 2025 at 10:04 am in reply to: Is there any point in making a complaint to the Bar Council of Maharashtra? #38347HHappyshark11
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March 10, 2025 at 10:04 amWhether you can make out a case against him would depend on what he did. Bar Council of Maharashtra would only take action against him for professional misconduct. Losing a case or handling it badly (missing few hearings or not arguing properly) would not mean he is liable for professional misconduct.But if you think he has committed fraud on you, then you should file the complaint to the Bar Council and to the Police.
HHappyshark11
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March 10, 2025 at 9:43 amTo make a house on a plot, you would need to get building plans approved. After obtaining all required approvals, you will need to apply for commencement certificate (CC). After getting CC you can start construction. OC is Occupation Certificate which is the last thing which is obtained. It certifies that the building is made as per the approved plan and that people can start living in it.HHappyshark11
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March 10, 2025 at 8:10 amDepends on the exact nature of the brutality. There is no specific provision for police brutality, however, the relevant sections for whatever thing is being done applies. Take for example, if hurt is caused then S.115 of BNS, S.103 for murder etc.However, CrPC / BNSS provides certain protection for official acts done by the police while discharging their duties and prior sanction of government is required in such cases. But official duties do not include illegal acts such as custodial torture or violence.
HHappyshark11
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March 10, 2025 at 7:55 amWe already have sufficient laws against police brutality. However, the real issue is practical implementation.Take for example, the police is required to present any person in their custody before a judicial magistrate within 24 hours of arrest. Now the person arrested can inform the magistrate if police beat him, however, practical reality is that magistrates have 100s of the cases before them on each day. If you have ever been to a magistrates court you would know that it is filled with people; advocates, police, litigants etc., and there is not even enough space to stand in there. In such a situation, the accused is kept standing outside the courtroom while the police go in and seek extension of custody of the accused. The magistrate sees the application, and mechanically grants custody as he does not have time to sit and see each and every accused produced before him.
Also, police have mastered the art of hitting without leaving any marks. So unless you have video evidence, you will never be able to prove that the police hit you. This makes it very difficult and impractical to make accusations against the police as you will not be able to prove it, and they may start targeting you.
But if you are able to prove police brutality then you can file complaint under the relevant sections of BNS for whatever the exact nature of brutality is. If police refuse to file FIR and investigate then you can directly approach magistrate or seek directions from high court in a Writ Petition. If you are illegally detained you can file Habeas Corpus Petition. There are sufficient remedies that already exist.
Also, things like custodial death and torture are not common today. At least not to the point that they used to be in the past. They only do such things if there is a personal issue or external pressure. Also, directions have already been given to install CCTV cameras in all police stations (including the lock up area) by the Supreme Court as well as the NHRC & Ministry of Home Affairs, but this is still a work in progress as it requires lots of funds.
HHappyshark11
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March 10, 2025 at 7:11 amThere is no way to file a case without revealing your identity.HHappyshark11
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March 10, 2025 at 7:06 amDo you even know the name and details of the police officer? Is there any way you can prove that they hit you and wrongly fined you? If not, then forget about it as you would only be inviting more trouble.If you have a way to prove it, then make a complaint in writing to their SHO and ACP / DCP, and make sure to get acknowledgement for your complaint. Also, you can check if there is a district police complaints authority in your area and report the issue there.
HHappyshark11
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March 10, 2025 at 5:34 amTake the cheque as security and also make him sign a agreement with a proper schedule for repayment of the amount. If your friend is willing to do this, it is likely that he wants to return the money but does not have it at the moment.HHappyshark11
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March 9, 2025 at 4:53 pmGo to police station and register FIR against him.HHappyshark11
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March 9, 2025 at 1:46 pmNo real major change has been made in BNS. They have just renamed the code, and organised it differently. Only 9 offences were added (not new just defined separately like snatching & theft are separate now etc.) and 5 offences were removed (most of these were already decriminalised by the Courts).But to be fair to them, if they really made any major changes, our justice system might have collapsed as the police & judges would not know what constitutes a crime and what does not 🤣.
March 9, 2025 at 1:35 pm in reply to: Case Quashed, But Google (Indian Kanoon) Still Shows Everything – How Do I Get It Removed? #39083HHappyshark11
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March 9, 2025 at 1:35 pmOnce a court passes a order it becomes part of public domain. So the judgment of your case along with your name is already in public domain and there is no legal remedy available to you.HHappyshark11
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March 9, 2025 at 1:27 pmIf the police has told you that he is closing the case, then you don’t have to do anything. He will file a closure report and that will be the end of it.But if he files chargesheet, then the case will go to trial before magistrate court.
March 9, 2025 at 1:15 pm in reply to: Legal Advice: Being a Witness in a Court Marriage—Could It Affect My Govt Exam Prep? #38821HHappyshark11
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March 9, 2025 at 1:15 pmThe only way it could affect you would be if the people getting married are minor in age.HHappyshark11
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March 9, 2025 at 1:13 pmIf a company has declared bankruptcy, then you will need to file a claim form before the IRP or Liquidator.If you think the directors committed fraud and have misappropriated the money, you may file complaint with the Police.
March 8, 2025 at 6:15 pm in reply to: My Mother (State Govt Employee) Lost 55 Lakhs in Bribes—What Can We Do Now? #39402HHappyshark11
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March 8, 2025 at 6:15 pmMoney spent on an illegal purpose cannot be recovered legally. -
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