• Defamation

My cousin brother had faked to be a police officer just to stop some children who were trying to run away (and who had been missing from their home), so that he could report them to the near by police station. And doing so, the police inturn charged him to be in offence of faking to be a police officer and also asked that whether he was a "supplier" of any sort. My cousin brother is a neuro patient and his father is in BSF. The police made him nervous asking those question and he fainted in the police station itself and got hospitalised. The children's parents got their kids. But we and our brother has suffered. All we asked was a statement from the missing girl's mother stating that "we kept her child with her(mother's) knowledge and that we(my cousin brother's family) did not keep her with any wrong intention." But the girl's family and the police refused to do so. The police are trying to blame that it was our brother's fault to fake to be a police officer. Our brother is now sick and we have been humiliated and harrased. What can we do?
Asked 2 years ago in Civil Law from Kalimpong, West Bengal
1) you cannot impersonate as police officer . it is a criminal offence under section 416 to 419 of IPC punishable with imprisonment upto 3 years or with fine or both

2) it is bailable  and compoundable offence . 

3)you should rely upon your brother medical reports to show that your brother is suffering from mental illness and is at present undergoing treatment . 

4) fight case on merits
Ajay Sethi
Advocate, Mumbai
23123 Answers
1214 Consultations
5.0 on 5.0
A. take anticipatory bail from court for ur brother so that he is not arrested by police.

B. any offence committed in fit of mental insanity is no offence and ur brother is most likely to be acquitted.show 

medical reports of ur brother to police and court.

C. with help of local lawyer fight case strongly.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
Apply for anticipatory bail. Once you get the bail,take defense that he did under mental problems(insanity) on the basis of his medical reports etc .
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
1) medical tests are in your brother interest . 

2) it will help prove that your brother is suffering from mental illness . 

3)no doubt your brother was trying to help the run away kids to be reunited with their parents . 

4) however that does not justify your brother impersonating as police officer . 

5) once your brother is acquitted of the charges  you will be relieved . 

6) contact a local lawyer
Ajay Sethi
Advocate, Mumbai
23123 Answers
1214 Consultations
5.0 on 5.0
A. you can send legal notice to parents of kids for defamation and can claim heavy damages for the disrespect and humiliation cause to you. after legal notice u can also file civil and criminal cases against them for defamation.

B. you can call me for detailed discussion.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
If FIR is already registered then you should get anticipatory bail and file a Quashing Petition in High Court.Otherwise you can file a Writ Petition in High Court.
Minansu Bhadra
Advocate, Kolkata
266 Answers
23 Consultations
4.8 on 5.0
1. I am intrigued why you have chosen 'defamation' as the title of your post. By no stretch of the imagination the law of defamation applies to the case of your brother. Neither police nor the parents of the children can be prosecuted for defamation. Your cousin brother unknowingly committed an offence. That the offender at the time of commission of the offence was unaware that the act done by him is an offence is not a defence which he can take in the court. The legal maxim "Ignorantia legis non excusat'' which implies that ignorance of law is inexcusable applies squarely to your brother and draws curtains on his right to state in the court that he was in oblivion to the legal consequences which may ensue from his act. 

2. The offence committed by your brother carries an imprisonment of up to 3 years. It is for your brother to prove that he is a neuro patient, albeit he may not get any relief from the court on this ground. 

3. If the parents of those children have refused to give the statement then it would be all the more difficult for your cousin brother to wriggle himself out of the case as the children could not have been taken out of the custody of the lawful guardian except with the prior permission of the guardian. Kidnapping charges can also be brought against your cousin brother.

4. Since the case has been filed against him he should take bail at the earliest to avoid being sent to jail.
Ashish Davessar
Advocate, Jaipur
18063 Answers
446 Consultations
5.0 on 5.0
1. It is never safe to keep a child in your house except without the permission of his parents or guardian as the case may be. Humanitarian considerations will be overlooked when in conflict with law.

2. The case cannot be dropped even if the parents of the children state before police that their children remained with your cousin brother with their consent. Your brother can still be punished for impersonating himself as a police officer.

3. All I can suggest is to engage a good lawyer at the earliest, take bail and then contest the case on merits.
Ashish Davessar
Advocate, Jaipur
18063 Answers
446 Consultations
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You can file a petition against he harassment in the high court saying that children came due to hunge and show medical evidences
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
1. Impersonation is an offence under India Law,

2. Commiting an offence for a good cause does not absolve the offender and the punishment is the same,

3. In your case no complaint against you or FIR against you has been reportedly filed,

4. It is not the duty of the police to collect letter from the parents od those kids,

5. You better try to audio record conversations with parents of those kids which will prove your point,

6. Contest the case with those evidence, if it comes.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
impersonation as any public officer is a crime .You should apply for anticipatory bail so that ur brother cannot be arrested and fight ur case on the medical ground of ur brother take it as a defence and show that he is undergoing treatment.
Swithin Subhashish Lawrence
Advocate, Allahabad
47 Answers
3 Consultations
4.5 on 5.0

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