How to Fight 498a - 15 Rights Men Should Know To Protect From Police Atrocities
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| 498a, How to Fight 498a, 498a misuse, misuse of 498a, ipcsection498a |
How to Fight 498a - 15 Rights Men Should Know To Protect From Police Atrocities.
Now a days the misuse of Indian Dowry Laws like 498a, DV ACT, Section 125 CRPC has
increased to a great extent and even in lieu of this Hon’ble Supreme
Court has named it as Legal Terrorism. You can yourself understand the
seriousness of this if a country’s Highest deciding Authority is naming as a
most misused section of laws then what more we can talk about. But still after
the crucial judgments by Supreme Court of India like in Arnesh Kumar v/s State of Bihar the police
authorities are not following the guidelines and they are still 15 Rights
Men's Should Know to save them from False 498a ,arresting innocent people, senior
citizen without taking in account where we are leading are country’s youth and
older people safety. In order to overcome some possibilities of Arrest and
knowing our Fundamental rights it might help someone of us to save themselves
from the atrocities of the Police authorities. I am jotting down some Rights
which might help them saving themselves and their family members from the Legal
Terrorism as named By Hon’ble Supreme Court of India.
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How to Fight 498a - 15 Rights Men Should Know To Protect From Police Atrocities.
- As per Supreme Court
Guidelines in cases Joginder Kumar (supra), D.K. Basu
(supra), Lalita Kumari (supra) and Arnesh Kumar (supra). police
officers not to automatically arrest when a case under Section 498-A of the
IPC is registered but to satisfy themselves about the necessity for arrest
under the parameters laid down above flowing from Section 41, Cr.PC; and Magistrate do
not authorize detention casually and mechanically.
2. The police officer shall], in all cases where the arrest of a person is not required under the provisions of sub-section (1) of Section 41, Cr.PC, issue a notice directing the person against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists that he has committed a cognizable offence, to appear before him or at such other place as may be specified in the notice.
3. Where such a notice is issued to any person, it shall be the duty of that person to comply with the terms of the notice. Where such person complies and continues to comply with the notice, he shall not be arrested in respect of the offence referred to in the notice unless, for reasons to be recorded, the police officer is of the opinion that he ought to be arrested.
4. The police will conduct an investigation and maintain a case diary during an investigation. The case diary is a daily diary kept by an officer detailing all that happens in an investigation. He will need to provide a copy of the entries in the case diary to the Magistrate. Based on the investigation the police will then file a charge sheet. The charge sheet should be filed within 90 days if the accused person is in the custody of the police.
5. In case of Arrest Police officer will have to comply with the guidelines issues by Supreme Court in Arnesh Kumar Case that police officer will provide checklist as per section 41. 1 (b) (ii)
· Section 41, Cr.PC. 1 (b)(ii) - the police officer is satisfied that such arrest is necessary- (a) to prevent such person from committing any further offence; or (b) for proper investigation of the offence; or (c) to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner; or (d) to prevent such person from making any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police officer; or (e) as unless such person is arrested, his presence in the Court whenever required cannot be ensured, and the police officer shall record while making such arrest, his reasons in writing.
6. Apart from all the rules that need to be followed while making an arrest, the police also have to keep few important things in mind while arresting a woman. They are:
· A woman cannot be arrested after sunset and before sunrise (unless in exceptional circumstances).
· A lady constable has to be present when a woman is being arrested.
In the exceptional circumstance when the woman has to be arrested at night, the woman police officer has to take permission in writing from the local Judicial Magistrate.
7. When you are being arrested, before taking you away, you can choose a person (friend or family member) whom the police must inform about your arrest. In case the arrested person’s friends or family live in a different district or town, the police must notify them of your arrest. They have to give information on:
· the time of arrest
· place of arrest
· where the arrested person is being held
The police can notify the relative or friend within a period of 8 to 12 hours after the arrest.
8. Anyone who is arrested and in custody of the police should be produced before the nearest Magistrate within a period of twenty-four hours of their arrest. The police are required to produce every arrested person before the Magistrate to ensure that there have been legal grounds for the arrest of the person. Copies of all the documents including the memo of arrest should be sent to the concerned Magistrate for their record.
9. Failure to comply with the directions aforesaid shall apart from rendering the police officers concerned liable for departmental action, they shall also be liable to be punished for contempt of court to be instituted before High Court having territorial jurisdiction.
110. A complaint should be filed to Director General of Police and to
Human Rights Commission against the Police officer for not following the
direction held by Supreme Court and followed by RTI.
11. Authorizing detention
without recording reasons as aforesaid by the judicial Magistrate concerned
shall be liable for departmental action by the appropriate High Court”.
12. In the instance of the accused person not being produced before
the Magistrate, a Habeas Corpus petition with Article 21 can be filed. Before
any High Court or the Supreme Court of India. The Constitution of India
grants everyone a fundamental right to ask the Court to order the detaining
authority to produce the person so arrested and request the court to
investigate if the arrest was legal.
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13. Upon being arrested you
have certain rights, namely: You can ask the police to identify
themselves as they should bear accurate, visible and clear
identification and name tags with their designations. You can ask the
police to call your lawyer. If you do not have a lawyer or cannot afford a
lawyer, then you can ask the court to appoint a lawyer for you. You can
ask the police to show the warrant for arrest, police report and other
documents for your arrest and the police are required to show you this.
14.You should verify the
accuracy of the memo of arrest prepared by the police before signing it. The memo of arrest
should contain the date and time of arrest and should be attested by at least
by one witness.
15.You can ask to be
examined for major and minor injuries on your body by a trained doctor and the
police must comply. This examination has to be done every 48 hours if you are in
their custody. This physical examination has to be recorded in the Inspection
Memo and signed by the police officer. This is done to prevent violence by
police while you are in their custody. You should get a copy of the
signed Inspection Memo. If not get it through RTI.
Note: If you think that the Police authority is
not following the guidelines then you can follow below mentioned points:
1. Make a complaint in which you will write that the police have
filed a false FIR against you and your family due to the pressure of your wife
and the police have ignored the facts you have given in your written statement
during the inquiry and it is false. The re-inquiry should be conducted and
cancel the F.I.R.
2. This complaint should be referred to the State Director General of
Police, State and National Human Rights Commission, Prime Minister, President
of India, Women Commissions, and Chief Minister Office, Check if there is
online facility, then no need to use the postal way.
3. After one week of filing the complaint, submit an RTI Application
to every department to which you had sent the complaint but the request reply
within 48 hours from the RTI under life & Liberty and if you do not get the
reply within the next 5 days then first appeal should be filed under life &
Liberty to the First Appellate Authority and then Second Appeal.
4. If any positive action will be taken on your complaint, then there
will be a re-inquiry conducted again and this time, emphasize that F.I.R should
be cancelled
5. If F.I.R is having mentioned with too large amount of dowry or
Istridhan or a high cash amount, then file Tax Evasion Petition to the Income
Tax department,
6.
This Post/article will help you to assert your Fundamental Rights
& Rights given by Supreme Court during that situation.
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