• Police power

1) Does the police have rights to beat any common man regdless of any kind of enquires/investigation ?

2) Can you use foul language if the police uses or beat them if you get beaten up ?

3) Some police officers threaten to book you in false cases ? is it possilbe ?
Asked 10 years ago in Family Law
Religion: Hindu

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10 Answers

1. No. As per law police can not beat any body to extract information. Beating any body is itself a crime punishable under law but it will be difficult for you to submit evidence for such beating. rarely police personnel have been convicted for their such illegal act. There are only few such examples viz., Tyagi muder case, Bhagalpur blinging case.

2. No. You can not tale law in your hand. Moreover, there are punishments prescribed in law book & IPC which will be awarded by the Court after hearing both the parties. You can not avenge a crime with the same crime,

3. It is illegal but is very much possible and in regular practice in our country.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

in law police is given wide powers so as bring culprits to book which is misused by police but the same tie police personnel also govern by same law if you get evidence they also can be prosecuted

Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations

4.6 on 5.0

No, the police can not beat any person legally but..............

No, you can not use foul language against police as they are representative of law and order making agency.

Everything is possible where police are involved. Try to trust judicial system and take help in a court of law.

Rajni Sinha
Advocate, Mumbai
425 Answers
39 Consultations

4.6 on 5.0

11) no police cannot beat any person legally to extract information. in the vent you are victim of such an assault you can complain to magistrate against the said culprits

2) you cannot use foul language against police

3) police do try to implicate innocents in false cases but you can take help of judiciary to prove your innocence

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

1. No

2. no

3.yes

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

1. Police has no legal right to beat up a person regardless of his culpability in the commission of an offence. Even if the investigation reveals inculpatory evidence against the accused linking him to the commission of an alleged offence the accused has the right to remain silent to any question which might incriminate him. The basic fundamental rights available to a person do not get suspended while in police custody.

2. You cannot meet lawlessness with lawlessness. There are laws in place to deal with errant cops. Contrary to popular public perception that policemen get away with anything and everything they do to an accused during interrogation, courts award stringent punishments in cases where there is evidence forthcoming of police excesses.

3. The answer is Yes. Indian police is notorious for conniving with high and mighty and registering false cases. Redressal can be sought from judiciary if false cases are registered.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

no

Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

4.6 on 5.0

Nothing left to add

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

Hi, they cant do like that in general but this is the order of the day and you have to complain higher authority.

Pradeep Bharathipura
Advocate, Bangalore
5604 Answers
335 Consultations

4.5 on 5.0

Under law "no" but it is often misused thinking they are above law.Get courage and support to complaint to higher authorities and have faith in courts for justice.

S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations

4.7 on 5.0

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