• Protest against Private Person either as a DHARNA(Sitting Silent ) or Fast Unto Death

I want to Protest against Private Person either as a DHARNA(Sitting Silent as a Protest with banners) or to sit for FAST UNTO DEATH, What are the legal consequences and whether Police has powers to arrest me? what procedure I need to be adopted without any police or legal troubles.This is doing against Private person not against Government. what precaustions i need to take to avoid arrest by police
Asked 6 years ago in Criminal Law
Religion: Hindu

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11 Answers

IT will serve no purpose. If you do dharna at his place, he will cal the police for creating nuisance and fast until death, in this case also police will take you hospital and feed you.

But no criminality while doing both.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

Dear Sir,

If you want to protest against Private person as Dharna is o.k but sit for fat unto death is a punishable offence under law.

If a person openly declares that he will sit on a fast unto death and then proceeds to refuse all nourishment until the stage is reached when there is imminent danger of death ensuing he can be held guilty under the Section  309 of the Indian Penal Code, but when the evidence falls short of this, it cannot be said to be sufficient to sustain the charge, says the book ‘Be your own lawyer’ by Advocate Tehemton Dalal.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Under the constitution you have right to do so but before that think twice what steps you have taken till date for your grievance and who is responsible for that then start at a safer place like Jantar Mantar at Delhi which has been declared a place for the protest by the courts on different occasions.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Yes,since committing suicide is considered to be a crime the police can arrest you and force fed you to keep you alive.

But if you make the fasting only surviving on liquids then it would serve your purpose and would not attract penal action a well. 

By the way if you do this against an individual then you would be wasting your time and others time as well.

Go and search for other alternative. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Police will not arrest you but if your medical condition worsens they may admit you to the hospital forcefully

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Please take Legal Actions. Whatever the relief you may want from that individual, Please file a case before competent Court of Law.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

You are at liberty to protest by sitting silently 

 

2) however fast unto death is an offence 

Ajay Sethi
Advocate, Mumbai
99783 Answers
8145 Consultations

No doubt you have liberty to protest on anything which has aggrieved you and sitting at silence in the form of Dharna may not be considered as a crime, however sitting at dharna either against a private person or a body, you may have to obtain permission from  police for this as the opposite party may make a complaint agaisnt you for creating nuisance in front of his house.

You will be arrested for creating nuisance in public place because you will be sitting in the road against the private person's home or office moreover you have declared to fast until death, which is a serious issue and punishable under section 309 of IPC.

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

But what purpose will it serve?

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

Dear sir 

Don't use microphone and loudspeaker and don't obstruct any public way. Or create any nuisance so that you do no offence against public interest. 

And also don't use any material that can be used against you for case if defamation.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Protesting silently without any disturbances to others with playcard is your liberty and you have rights. 

Fast unto death punishable by law. 

Under Section 309 of the Indian Penal Code, whoever attempts to commit suicide and abets the commission of it is liable to be punished with simple imprisonment for a term, which may extend to one year, or with fine, or with both.. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

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