LAWYERS' INSIGHT NEEDED
If a police officer is going off the law and physically abusing me, do I have the rights to defend myself and hit him back. If "No", then what is the immediate solution? What is the one thing that scares off a cop when he is trying to misuse the law? For instance I've heard Human rights commission and Internal affairs makes em go chicken-out, is it true? This happened in Coimbatore once. I was standing in a midnite-half-shutter-open tea shop at 3am with my friends after working (US shifts). A guy was going really fast into the subway on a pulsar and a trafic cop sweared at him coz he was driving rogue. That guy stopped the bike, side-stood the bike, came back to the cop and slapped him once asking him to file a complaint as per law but not to swear in a really calm voice and went back to his bike and got away. we were frozen looking at what happened, i had a spine chill and was happy(which is really cruel, i know, but can't help it)
No, you cannot defend hit a cop but you can lodge a complaint with the NHRC but the cop may deny it and you may have no proof. Think about it in the context of how this can spell a chain reaction too.
However, the reality is also that you are likely to face considerable harassment thereafter because a complaint against a cop is a very serious one and something you should avoid unless you feel ready to go in for a long battle for justice. At LIG, we believe your welfare is important to your happiness and so, wouldn't recommend it unless you have a very strong cause of action that can be proved in a court of law and not become a lifelong difficulty for you later on.
now your can complaint online, all state police has got thier web site
This also raises an important question as to when the police officer can use force, if so to what extent.
The III degree methods and using force is banned by law and as well as Hon'ble Supreme Court.
The cop scan use the force only when there is resistance to arrest not otherwise. The right of Self-defense comes to picture only when there is threat to life and limb. If a cop is using force, which is impermissable, one of the remedy is to claim compensation, filing complainants before the Department, which may lead to suspension of that cop and Disciplinary Proceedings. Telling the erring cop about these things will scare him.
One thing is that all the Govt. Servants are afraid of is 'suspension' and 'Disciplinary Proceedings' . Even after your complaints to higher up does not real in any action then a Writ Petition can be filed , which is more effective and speedy.l
Post your answer