Whether the complaint ( FIR) is true Or false, does not matter, the Police have no right or authority to beat up or assault the accused even though the concerned court remand ( sent ) him to the Police custody.
While arresting an accused, the police are dutybound to follow certain procedure as per the guidelines issued by the Hon'ble Apex Court ( applicable to all over India ). As per the law, the accused, if arrested, ( and if the investigation is not completed within the period of 24 HOURS, from the time of arrest), then police is required to produce the accused to the nearest Magistrate whereupon, the police either seeks police custody or judicial custody remand of that accused.
No court gives any kind of permission or authority to beat the accused while in or outside its custody. In case, the accused is brought before the concerned Magistrate, then as of procedure the court is obliged to ask the accused whether he has "any complaint of ill-treatment" against the police ? If the accused say YES, he has complaint about it then the Magistrate has to examine the veracity of that complaint of ill-treatment and if physical injuries are found, then accused is referred to Medical Officer for finding out the truth in the allegation of ill-treatment. If the complaint of accused against the police officer appears to be prima-facie true, then the Magistrate has to register a complaint against the concerning police officer.
Apart from it, the person who gets assaulted by the police, has a right to lodge a complaint against the police either in the police station or by filing a private complaint before the concerning Magistrate.
The complainant can also make a complaint to Human Rights Commission and also to the Higher Police personnel about the illegality.
सीधा बोल देना - POLICE आपको छू भी नहीं सकती (POLICE LEGAL RIGHTS) join up курс | |
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| Science & Technology | Upload TimePublished on 19 Dec 2018 |
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