• How can a police man slap me?

How can a policeman slap me for refusing to go with them? They come to bring my father to Police station but in absence of my father, they asked me to come. I had to take care my mother, a patient. I had no idea if they can take with them instead of the person the complainant is made.
Asked 4 years ago in Criminal Law
Religion: Hindu

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18 Answers

They cannot twke youbunless they have a warrant but the police is like this. You can complain in the human rights commission.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

1.  Police are not "legally" allowed to slap /beat any person, UNLESS the person is resisting a legitimate arrest.

2.  Police CANNOT summon /force you to go to Police Station, for any offences that might have been made by any complainant.

3.  You can file a written complaint to the zonal DCP /SP, against the said policeman's violent behavior.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

No public servant including the law enforcement agency can take unto hands unless reasonable force was required to be exercised to apprehend a person.

Now if there was no sign of violence form your end then physically assaulting you by the police man is a crime for which you can lodge complaint in writing on which basis the Police is duty bound to register FIR.

If not then you can file petition u/s 156(3) crpc.

Devajyoti Barman
Advocate, Kolkata
22812 Answers
488 Consultations

5.0 on 5.0

Hi, you have to Complaint against the police who has  slapped you or else you can lodge Private Complaint against him before the Jurisdictional Police.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

Police man cannot slap you 

 

file complaint against said police officer with commissioner of police 

Ajay Sethi
Advocate, Mumbai
94682 Answers
7525 Consultations

5.0 on 5.0

They cant slap you it can advance enough force if you are not abiding their legitimate orders

Prashant Nayak
Advocate, Mumbai
31914 Answers
179 Consultations

4.1 on 5.0

No police man cannot slap you or force you. In case he has done so you can complaint before the Senior police officials and further in case they fail to take steps then file a petition before the High court seeking the relief and inquiry against the said police officer. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

UP police is like this, lawlessness. Complain to DG/commissioner. Or file FIR agasint the police.

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

1. Police can not slap a person inj any circumstances.

 

2. They can arrest you and forcibly take you to the police station for interrogation, if you refuse to accompany them.

 

3. Lodge a  formal complaint to the same police station against the said policeman and mark copy to the DC and also the Police Commissioner.

 

4. If police does not take any action in next 15 days, file a Writ Petition before the High Court against police torture praying for appropriate action against the said policeman. 

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

  1. Are you still detained? 
  2. You must immediately move the high Court against your illegal detention

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1546 Answers
5 Consultations

4.4 on 5.0

Police men cannot slap you without any sufficient reason and also cannot detain you in absence of your father.

You should send a written complaint to SP of police. If he doesn't take any action then file a criminal complaint against policemen who did this act. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

No they can't take you but this has been given warrant order by court than they can take  you tell your father reach at police station time.

Ganesh Kadam
Advocate, Pune
12926 Answers
254 Consultations

4.9 on 5.0

Hi, they cannot forcefully take you to the police station..They have to call you through a summon if anything needs to be investigated..It is advisable to file a complaint against the officials 

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

- Under no condition the CrPC allows the police personal to be manhandled except using force when there is NBW against a person and person is not cooperating with police personal in arrest procedure.

- You can file the complaint against Police personal to Police commissioner along with a copy to CM-state. Also may file a complaint at CM Window.

-If you have sufficient evidence to prove your statement then approach the honorable court having jurisdiction of your area.

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

5.0 on 5.0

- The legal functions of the police are to deal with the detection and investigation of crime, arrest of offenders, collection of evidence etc. 

- In order to keep a check and to curtail the severe problem of police violence or abuse, the Supreme Court of India instructed the government at state and district level to set up Independent Police Complaints Authority.

Further , the police cannot threaten family members or friends of an individual who is a suspect in a crime .

- Hence, the acts of slapping to you, is against the norms and ethical code of criminal provisioin. You should lodge your complaint against that police official before the higher official of police department in Ghaziabad.

- You should also lodge your complaint before the National Human Rights Commission (NHRC) and State Commissions for prevention of violations of human rights.

 

Mohammed Shahzad
Advocate, Delhi
13206 Answers
197 Consultations

5.0 on 5.0

Any abuse of power or negligence of duty will amount to a breach of discipline, civil wrong or a crime and the police officer is liable to be punished. 

File a complaint with your State Police Complaints Authority. This is an agency that was formed after a Supreme Court order to all States and is in place to address specifically these kinds of incidents.. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. Cops cannot slap.

2. If a cop has slapped a man then he is liable to be prosecuted for the offence under Section 323 and 341 IPC. 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You can make a complaint with the higher police officer about this po0lice excess.

However you may not get any proper response from the higher police officer also.

Hence you may approach the state human rights commission with a complaint in this regard.

 

T Kalaiselvan
Advocate, Vellore
84881 Answers
2189 Consultations

5.0 on 5.0

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