Legal Remedies: Preventive Steps When You fear physical injuries from Specific Enemies

You may be a public spirited fighter- Whistle-Blower. Or for some reasons you may be apprehending physical injury to yourself or to your family members from some specific persons.

It is prudent not to be in such situation in the first place.

But, if due to some reasons, you have enmity which cannot be resolved, then you have no option but take preventive steps.

You may need to understand Sec.150,151 and 164(5) of Code of Criminal Procedure.

Consult your own advocate before using following advice:

A) If you apprehend physical injury, address a letter to (1)Chief Justice of India, (2) Chief Justice of applicable High Court (3) District Superintendent of Police.

In subject write:  Application for protection of life under Art.21 of The Constitution of India, read with Sec.150, 151 of Code of Criminal Procedure.

Then, give name of suspected  persons who may inflict injury to you and their addresses. Add whatever you want to add.

Sign it and post it.

(For Your Knowledge: Under Art.21, HC and SC are expected to do something to you protect your life by giving orders to authorities. 

Under Sec.150, a police officer is bound to pass complaint to superior officer and inferior officer to take action. 

Under Sec.151, police can arrest any person who may be likely to cause harm to you or your family.)

B) If you fear that you may be killed to prevent you from giving evidence at a trial

Then, you can approach a Judicial Magistrate with application to record your evidence, even if trial has not begun under Sec.164(5). (Investigation must be pending)

Once, your evidence is recorded by Magistrate, your fear may go away.

C) PRACTICALITY:

Suggestion (A) has been tried by me in past for some clients many years ago. It worked.

I have no idea, how it way work in these days of corruption when criminals may be acting in consultations with police

Suggestion (B) has never been tried by me. No occasion arose. A Trial Court advocate may be knowing better than me.

Haresh Raichura
4th June,2012