Very often now TV shows clips, where police is seen beating a person while questioning.
Does law permit Police to beat or to torture an accused while asking questions about any crime?
The answer is simply NO.
There is no provision in criminal procedure code which permits investigating officer to beat or to torture an accused for getting information.
The police can use force, and only necessary force to arrest an accused if accused resists arrest.
The police can use force, only necessary force, to disperse assembly etc....
But there is no provision which authorises Police to use force during interrogation or questioning.
As soon as a person is arrested, his relative or friend has to be informed immediately as per SC guideline. The friend and relative can request magistrate to immediately order medical examination of arrested person so that if he is tortured during investigation, it can be proved and action can be taken.
But these are all laws on paper. When people know their rights, when they know their remedies, then only they can approach court. And court can then help.
Haresh Raichura
27/5/2013 18:46
