A twitter friend wanted to know, what he can do if police abuses and beats him.
This problem can be examined in TWO parts.
One Part: If complaint is filed against you and if police beats up you, it is wrong but it is understandable. He may be doing his job.
Two Part : But side by side, if he also beats up your neighbour, it is not understandable. He may have gone out of his way. Here, he is not investigating any complaint against neighbour. He may be answerable to court.
The two wrongs are different.
This problem can be examined in TWO parts.
One Part: If complaint is filed against you and if police beats up you, it is wrong but it is understandable. He may be doing his job.
Two Part : But side by side, if he also beats up your neighbour, it is not understandable. He may have gone out of his way. Here, he is not investigating any complaint against neighbour. He may be answerable to court.
The two wrongs are different.
THREE DIFFERENT REMEDIES AGAINST POLICE EXCESSES
Remedy 1
1) If he has done something in course of his duty, while doing some legal investigation,
he is protected. You cannot prosecute in court, without sanction of his higher authority, under 197 of Cr.P.C.
a) First, You have to first apply for sanction u/s. 197 to prosecute him to higher authority.
b)Second, If sanction is not given within reasonable time, you have to go to High Court under Art.226 to direct authority to give sanction.
Remedy 2
2) If he has done something which which is not connected at all with his legal discharge of duty, then the sanction under Sec.197, not required. (For example, beating a neighbour who had nothing to do with case and who was just standing nearby).
Then he will be treated like ordinary citizens. A complaint can be filed in Court under Sec.200 of Cr.PC. and he can be prosecuted.
Remedy 3
3) Additional Remedies: (No sanction necessary)
Damage suits in Civil Court for excess by police can be filed against police and Government both.
Civil Courts and civil remedies are always available. These are cases under law of Tort, which says, if any one does any wrong to you, you can come to come to court and ask for damages.
PRACTICALITY
Law is good. But not everyone can use it. Be practical. Avoid getting into trouble with anyone. Don't waste your life in litigations. Laws look good in books. But courts are crowded. There is an atmosphere of suffocation in court.
Haresh Raichura
25th May,2012
