పొలీస్ వారికి ప్రజలను కొట్టే అధికారం లేదు

 అరెస్ట్ చేసిన తరువాత పొలీస్ వారికి ప్రజలను కొట్టే అధికారం లేదు ఒక వేళ మిమ్మల్ని కొడితే పోలీస్ ఆక్ట్ 1861 సెక్షన్ 29 ప్రకారం ఆ పొలిస్ అధికారికి 3 నెలల జైలుశిక్ష లేదా జరిమానా లేదా జరిమానా మరియు శిక్ష వేయవచ్చు. అరెస్ట్ చేసిన క్షణం నుండి కోర్ట్ లో ప్రవేశ పెట్టె దాకా మీ పూర్తి బాధ్యత రక్షణ ఒక వేళ మీకు ఏమి జరిగిన పూర్తి బాధ్యత పోలీస్ వారిదే అందుకే అరెస్ట్ చేసే సమయం లొనే మెమో ఆప్ అరెస్ట్ ( పేపర్ ) రాపించాలి CRPC SECTION 41 B, C, D ప్రకారం పేపర్ మీద రాయామని అని అడగాలి ఎలా అంటే నేను పలానా పోలీస్ అధికారిని పలానా వ్యక్తిని పలానా నేరం కింద అరెస్ట్ చేస్తున్నను అని అధికారి పేరు అతని ర్యాంక్ కానిస్టేబుల్ ఏస్ఐ etc.. తేదీ స్థలం ఏ స్టేషన్ కింద అరెస్ట్ జరుగుతుంది ఆ సమయంలో అరెస్ట్ చేయబడిన వ్యక్తి ఆరోగ్య పరిస్థితి అతనికి ఎమైన స్వల్ప లేదా తీవ్ర గాయాలు ఉన్నాయా అతని దగ్గర వుండే వస్తువులు మొత్తం పేపర్ లో రాసి అతని బంధువులు లేదా శ్రేయోభిలాషులు లేదా సమాజం లో మంచి పేరు ఉన్న వ్యక్తి సంతకం, అరెస్ట్ చేసే పోలీస్ అధికారి సంతకం, అరెస్ట్ చేసిన వ్యక్తి యొక్క సంతకం కూడా కచ్చితంగా పేపర్ లో రాయాలి దీన్నే మేమో అప్ అరెస్ట్ అంటారు అరెస్ట్ చేసిన 24 గంటల లోపే మెజిస్ట్రేట్ లేదా కోర్ట్ లో కచ్చితంగా ప్రవేశ పెట్టాలి . 

ఏ పోలీసు అయినా మిమ్మల్ని స్టేషన్ కి రండి అని ఫోన్ చేస్తే ముందు ఆ అధికారికి ఇలా అడగండి 

Crpc సెక్షన్ 169,170,50 ల ప్రకారం నోటీసులు సర్వ్ చేయవలెని వినయంగా కోరుచున్నాను అని చెప్పండి లేదా వారు ఫోన్ చేసిన మొబైల్ నంబర్ కు మెసేజ్ చెయ్యండి.

వివిధ హైకోర్టులలో అరెస్టు సమయంలో సంబంధిత పోలీసు అధికారుల కోటడం జరిగింది. వారి మీద రిట్స్ వేయడం జరిగింది. వివిధ కోర్టులు శిక్ష వేయడం జరిగింది. AIR1968Cal407,72CWN440

..... established by law for the protection of life and liberty of every person in the community. those duties are so important that in the police act 1861, section 29provides that any violation of those provisions is punishable. in indian penal cods section 119 provides'119 public servant concealing design to commit offence which it is his duty to prevent -- whoever, being a public servant intending ..... is in these terms : --'29penalties for neglect of duty, etc. every police-officer who shall be guilty of any violation of duty or wilful breach or neglect of any rule or regulation or lawful order made ..... '.154. section 10a of calcutta police act1866 and section 4a of calcutta suburban police act are almost similar though careful comparison will show that there are some differences in particulars which are important in themselves but need not be emphasised fen our present purpose.155. it need however be noticed that omission to perform the duties enjoined has been made an offence by section 29 of police act1861 it .....

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Raman Lal Vs. State of Rajasthan and ors.

Court : Rajasthan

Decided on : Apr-05-2000

Reported in : 2001CriLJ800; 2001(2)WLC632; 2000(3)WLN39

..... can be attracted.(87). in view of the above, 1 am of the considered opinion that neither the provisions of section 42 of the police act, 1861, nor section 161(1) that of the bombay police act, comes to the rescue of the police officers and the contention is hereby turned down.(88). mr. raval has further urged that the complaint could not have been entertained by the ..... apex court considered the applicability of the provisions of section 42 in a case where the police official had been charged under section 29 of the police act itself and the apex court held that in such a case, section 42 would apply.(76). in sumer chand (supra), the apex court held that application of section 42 of the police act is limited if the person is charged under the ..... said actalone. this court has taken this view about half ..... be held responsible for criminal prosecution and under no circumstance 'civic profile' can out-way the 'criminal out fit.'(20). in state of haryana & ors. vs. ch. bhajan lal & ors. (29), the hon'ble supreme court laid down the guide-lines for exercising the inherent power as under:(1) where the allegations made in the first information report or the complaint .....

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Sk Johny and anr. Vs. State of A.P. Represented by Public Prosecutor

Court : Andhra Pradesh

Decided on : Jul-10-2000

Reported in : 2000(2)ALD(Cri)176; 2000(4)ALT127

..... 1460. hence for not investigating the offence properly and file complaint before c.m.m. against policefor the offence under sec.44 of district police laws and section 29 of indian police act, 1861 and section 166 of ipc., and for giving false report prosecute pw2 m. apparao for the offence under section 191 for giving false evidence. explanation filed were considered and there are no merits in the ..... representation.sd/-, p. jagannadha rao, spl. judge for cases under sc& st (poa) act,visakhapatnam city. 14. the ..... petitioners herein during the course of investigation created false record against the accused in s.c.no.5 of 1999 and thus 'committed the offences under section 44 of district police laws (?), and section 29 of the indian police(1861) (?) and section 166 of the indian penal code.' the complaint betrays nothing but ignorance. the learned special judge did not even bother to look into the relevant .....

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Pritam Singh Vs. State of Haryana

Court : Supreme Court of India

Decided on : Mar-15-1971

Reported in : AIR1973SC1354; (1971)1SCC653; [1971]3SCR971; 1971(III)LC479(SC)

..... high court in criminal revision no. 237 of 1967, confirming the conviction and sentence passed against him for an offence under section 29 of the police act, 1861 (hereinafter to be referred as the act).2. the appellant was at the relevant period a constable having roll number 857. he was originally recruited in 1950 to ..... c.r wherein it has been held that if there is a prosecution of a police officer for an offence under section 29 of the act, such a prosecution should be one within the period of limitation mentioned in section 42 of the act. in that case the appellant therein, a head constable, was charged and tried, ..... appellant, alleging that he was found absent from duty from the policelines at the time of roll-call on november 25, 1963. he was asked to explain why he should not be held guilty under section 29 of the act. the appellant stated that he would neither plead guilty nor would he ..... of the accused requires a very sympathetic consideration. but nevertheless the magistrate found that as the appellant was technically guilty of the offence under section 29 of the act, with which he was charged, he has to be punished accordingly, he convicted him and imposed the fine, as stated above. the ..... not be held guilty under section 29 of the act. further it is also seen from the examination of the accused under section 342. code, of criminal procedure, that a specific question was put to him 'it is in evidence against you that you were absent from the police lines karnal on 25-11 .....

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The State Vs. Puran Chand

Court : Himachal Pradesh

Decided on : Dec-04-1954

Reported in : 1955CriLJ947

order8. i allow the appeal, set aside the order of the court below, convict the respondent, puran chand, of an offence under section 29, police act, and sentence him to imprisonment till the rising of the court. further, a penalty of rs. 31/-representing one month's pay is inflicted upon him. this will be recovered by withholding the amount from arrears of pay and allowances if any due to the respondent from the police department. in . case no arrears of pay and allowances are due to the respondent, the penalty will not otherwise be realized.

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The State Vs. Murli Dhar

Court : Punjab and Haryana

Decided on : Apr-22-1957

Reported in : AIR1958P& H17; 1958CriLJ92

..... , when he was found to be absent at the evening roll-call at 7 p. m. after which he remained absent.3. in due course he was prosecuted under section 29 of the police act. his defence was that he had been required by his surety kishan singh, the clerk of an advocate, to live in his own house, which adjoins that of the ..... during the pendency of a case against him.i would accordingly accept the appeal of the state and hold murli dhar respondent guilty of an offence under section 29 of the police act. at the same time i am informed that he was long since acquitted in the excise case against him and that he is back in ordinary service and since he ..... not very serious and relates to a matter which in my opinion could well have been dealt with depart-mentally by the police, it raises questions of some interest and importance. section 29 of the policeact makes punishable the violation by any police officer of duty or wilful breach or neglect of any rule or regulation or lawful order made by competent authority, and rule ..... state against the order of a magistrate at ludhiana acquitting murli dhar respondent who was prosecuted for an offence under section 29 of the police act.2. the facts of the case are quite simple and not seriously disputed. murli dhar was recruited in the police as a constable in lyallpur district in 1930, and after the partition he was appointed as a constable in .....

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Bhabesh Kumar Paul Vs. the State

Court : Kolkata

Decided on : Apr-10-1963

Reported in : AIR1965Cal347,1965CriLJ77

..... argues that r. 881 of the police regulations is illegal being inconsistent with the provisions of section 7 of the police act, 1861. section ..... and to attend all parades and roll calls. the petitioner failed to attend the usual roll calls from 4 p. m. on january 7, 1960. he was tried under section 29 of the police act, 1861 for contravening the provisions of rule 881 and convicted and sentenced to a penalty of two months pay viz. rs. 96/-, in default, rigorous imprisonment for one month. he ..... enacted that a police officer under suspension shall not cease to be a police officer for the purpose of section 29 of the act.4. mr. mukherjee who appears as amious curiae at a later stage of the hearing ..... constable under suspension cannot be considered to be a 'police officer' within the meaning of section 29 of the police act, 1561. reliance was placed on the case of queen v. dinanath ganguly, 8 beng lr app 58 and the case of queen empress v. durga, ilr 10 all 489. it appears, however, that section 8 of the police act, 1861, was subsequently amended and it has now been .....

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Shiva Nandan Sinha and ors. Vs. State of West Bengal

Court : Kolkata

Decided on : Jul-21-1953

Reported in : AIR1954Cal60,58CWN18

..... . apply.72. proceedings under section 35, police act1861 are, on the other hand, of a penal nature. section35 makes a magistrate of the first class the trying authority vide section 3(2), criminal p. c. the sectionapplies to a police officer above the rank of a constable. the charges should be those under the act e.g., under sections 28, 29. section 29 contemplates violation of duty or ..... -emperor', 2 cal lj 616 (f). that case is clearly distinguishable. the confinement directed in that case, was for an unlimited period; and as such it was contrary to section 7(b), police act, 1861. the case of -- 'ram gopal v. emperor' : air1932cal285 , merely follows -- 'ram copal's case (g)', just cited.49. as bose j. pointed out in his judgment the ..... suspension, the consequence may be frustation of a proper inquiry. a construction which leads to unreasonable results, should be avoided.26. it may also be pointed out that section 7 of the police act, 1861, distinguishes between reduction in rank and suspension. the two forms of penalties are therefore separate. article 311(2) of the constitution must be presumed to have maintained the ..... , baranagar would hold the inquiry on the following day.7. the appellant applied to the superintendent of police, 24-parganas, praying that he might be sent up for trial before a magistrate under section 29, police act, 1861, but the prayer was rejected.8. on 9-7-1951, the appellant moved this court under article 226 of the constitution and obtained a rule nisi. .....

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Pramod Kumar Sharma Vs. State of U.P. and Others

Court : Allahabad

Decided on : Sep-27-2010

..... be the witness and the judge himself. the procedure adopted by the learned magistrate to proceed against the petitioner was therefore not in conformity with the provisions of section 29 of the police act 1861 read with the regulations referred to hereinabove. 22. the learned standing counsel has not been able to point out any contrary provision or conferment of power on ..... , proceeded to issue a notice to the petitioner calling for an explanation. this power was exercised by the magistrate purportedly under section 29 of the policeact, 1861 which is gainfully reproduced bellow:- section29. penalties for neglect of duty, etc.- every policeofficer who shall be guilty of any violation of duty or wilful breach or neglect of any rule or regulation or lawful ..... concerned authority to deduct salary of two months that has been imposed as a pecuniary punishment by the learned magistrate, in the purported exercise of powers of section 29 of the u.p. police act, 1861. 3. the punishment has been imposed on an allegation that the petitioner has wilfully committed breach of duty by not complying with the order of the ..... xxxii, it appears that a procedure has been provided to deal with such situations. the provisions relating to such enquiry if being undertaken under section 29 of the police act 1861 are contained in regulation 484 and 486 of the police regulations. regulation 484 is quoted below:- "regulation 484. the nature of the inquiry in any particular case will vary according to the nature .....

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NasiruddIn Khan Vs. State of Bihar

Court : Supreme Court of India

Decided on : Sep-20-1972

Reported in : AIR1973SC186; 1973CriLJ241; (1973)3SCC99

..... the officers of the company. he was tried for desertion by the second assistant sessions judge at patna on alternative charges under section 5(f) and section 6(o) of the act and also on the additional charge under section 29 of the police act, 1861. in defence he pleaded that at the relevant time he was under suspension and further that he had received information from his ..... the act and sentenced him to ..... home that his wife was ill and for that reason he had applied for leave which was refused. the trial court convicted him under section 5(f) of ..... is accordingly also not disputed1 that wherever 'bengal police force' occurs it has now to be construed as 'bihar policeforce'.5. 'military police officer' according to section 2(1) of the act means a person appointed to the bengal police force under section 7 of the police act v of 1861who has signed the statement in the schedule to the actin accordance with its provisions. 'active service' as .....

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