Rights -  Entitlements related to police and investigation in india. 

What should I do if the police are not investigating my case or are investigating very slowly or are refusing to investigate a very important element of the investigation ?

An important principle in the law is that no one can interfere / interfere with the police investigation at the police station India.

If the police refuses to continue the investigation or proceeds very slowly or deliberately ignores important links in the investigation, you can complain about it to his superior officer or the nearest magistrate. He can order the police officer to conduct enquiry/investigation or he can call for documents related to the investigation. Here also the important thing for you is that you do everything in writing and keep the acknowledgment of relevant documents with you.

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1. Can I call a police officer whenever I want?Yes and no. Police are always overburdened with work.

Their number is also less. So citizens cannot call them continuously for petty complaints or on the basis of insufficient information. But if you are in trouble or a crime has been committed or a crime is taking place, or there is a possibility of a riot, some people are fighting and there is a disturbance of order, or the police want to give you some serious information, you can call the police.

But you cannot call the police for things that are not related to police work. Sometimes people call the police just for fun, when nothing has happened. They can also be punished for such pranks.

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2. Police station Can police officers enter my house without asking?

Can you inspect the house? And can they pick up the household goods?

They can do so only in very limited, specific circumstances.

If the police come to your house for questioning, they can enter the house only on your invitation. But the police can enter your house with a search warrant from a magistrate only if they have reasonable grounds to believe that you are hiding something suspicious or harboring a criminal or that you have stolen goods or illegal weapons hidden in the house. But if the suspect, criminal or property is to be seized without delay and if the property is not seized, the property may be lost or the criminal may escape, the police may enter your home without a warrant.

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3. Does this allow the police to come into my home and seize any of my possessions?Only in true emergencies may police enter your home without a warrant. For instance, there's a good chance the evidence will be obliterated or the culprit will escape.There is a thorough procedure for entering someone's home with or without a warrant. The police must have at least two independent local witnesses. The search/inspection should be done in the presence of the house owners. The owner cannot be asked to move away from the house. The police must make a list of the items they take. The list must be checked and signed by the witness, the police and the owner.

A copy of it should be given to the owner. If there is a veiled woman in the house, the investigation team must have women police officers and they must conduct the search with complete civility.

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4. What is search warrant?People's homes and offices are private places and are not open to any officer for entry and investigation unless there is a really good reason. So the law expects that any officer who wants to enter this private place must explain why he wants to infringe on this right of the people. That is why the police have to first go before the Magistrate and explain the reasons that there are things, documents or people hiding in the area which will be useful to them in the investigation of the crime.
If the Magistrate is satisfied with these reasons and is satisfied that the police are not shooting arrows in the dark, they allow them. This authority is very limited and bears the name and title of the officer to whom permission is granted to enter the place and bears the signature and seal of the court.

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5. If I am walking on the street, can any police officer stop me and ask me anything?no It is expected that the police should not interfere in the work of ordinary people engaged in their daily legitimate activities. But they find that if a person is loitering in a place especially after dark, the police can track him down, ask for his name and what he is doing, and if they feel suspicious, they can arrest him. Police always use their authority/power to arrest suspects and criminals. Misuse/excessive use of this power has always been discussed and condemned by Police Reform Committees.

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6. Can police station police stop me from taking part in procession or street meeting?Anyone from participating in a peaceful procession It can't stop you. But prior permission of the local police must be taken for the procession. If they feel that the procession is likely to cause some disturbance or turn violent, the police simply refuse permission to such a procession. Suppose after giving permission there is chaos in the procession, if there is a breach of peace the police stop it, ask people to leave and suppose if people don't listen then take action against them. On the one hand, it is the responsibility of the police to maintain peace and order everywhere. On the other hand, it is also the duty of the police to cooperate with the people to exercise their fundamental right to peaceful assembly and assembly.

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7. Can the police use force to stop street meetings or processions?Yes, but whatever the police station does should be fair/reasonable. They are not there to punish some people. The police are there to maintain public safety and prevent disruption of law and order.

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8. Can the police fire at will?no The use of this type of lethal force is only expected in extremely rare cases when all other means of control have been exhausted. Again only the Magistrate or the Chief Officer can sanction such an act.

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9. What can the police do if the crowd turns violent and starts pelting stones or destroying property?It is the duty of the police to protect lives and public/private property. But there is also a process of how to act - first repeatedly - often giving instructions to disperse the crowd, giving the crowd time to do so, followed by a final warning using tear gas or mild lathi-charge. The attack of the stick should not be done on the head or shoulder, it should be done only in the lower part of the waist. If the police are going to fire, they should give a very clear warning that they are going to fire. Least use of force is the rule here as well. The target of the bullet should be in the lower part of the waist. The bullet should be aimed at the roughest part of the crowd. The aim of the shot should not be to kill anyone but to disperse the crowd. Firing should be stopped as soon as it is noticed that the crowd is dispersing. The injured should be hospitalized immediately and every officer should prepare a report on his role in the whole process. The relevant report will be archived.

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10. Can the police station arrest me and keep me in a secret place?Or can the news of my arrest be kept secret from others? no Police often do this. But it is against the law. From the moment the police take you into their custody, the police are responsible for your physical well-being and the protection of your rights. The police are responsible for any injury to you or if your rights are not respected and violated in any way. This is an important legal point to keep in mind. The next thing is that it is the duty of the police to register all those who come to the police station in the general daily schedule of the police station. From that record we can understand that what time you were brought to the police station for questioning and when you were arrested will be recorded in the daily schedule of the investigating officer / staff. want Finally, you can hire an attorney during your investigation. This means that at least your friends or relatives should know the place of your custody and they should be able to reach there.

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11. Can police officers pick me up at police station? Or I can leave whenever I want? You cannot be held against your will in a police station unless you have been formally arrested for a joint/related reason. If you are summoned by the police for investigation, it is your duty to cooperate with them and help them in the investigation. But this inquiry should be completed promptly and competently. The police cannot keep you in the police station indefinitely. You can leave as you wish.

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12. What can I do if the police officers do not let me go?It is a serious offense to detain you even for a moment against your will unless you have been formally arrested. This is called illegal arrest. You or your family, friends can also complain against the concerned police officer to his superior or to the Magistrate. Most importantly, you should immediately contact your lawyer, friends or family
You can also approach the High Court or the Supreme Court and file a 'habeas corpus' petition for your immediate release.

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13. What is Habeas Corpus?This is a very old remedy. In which the ruler is protected from the powerful or financially powerful person. It is also a solution for those who are unable to protect themselves. Kar literally means 'to submit to a person'. This is the most viable remedy against wrongful imprisonment. Court - High or Supreme Court takes immediate notice of it and also cracks it. When a court receives a missing person application, it means that the victim was last seen in police custody. The court orders the person to be brought before the court immediately and releases him if the imprisonment is not justifiable. If the imprisonment is unlawful, the court also awards damages to the victim.

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14. If the person has been illegally arrested and I have no idea where he is being held, is there any other way to find him?* Yes. You can apply at the police station under Right to Information and ask for the whereabouts of the concerned person. As this information is related to the life and liberty of the person, it is mandatory for the police to provide this information within 48 hours.

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15. Can the police officers arrest me without reasonable cause?no Police can arrest only if there is good reason and good basis. Like when a person is caught red-handed while doing wrong. But there must be 'good cause' for arrest. Merely putting one's name in an FIR cannot be grounds for any arrest. You need stronger evidence to make an arrest.Secondly, if a person is suspected of committing a crime and the punishment for that crime is up to 7 years, they cannot arrest him. But if the police feel sure that the suspect will commit more crimes or tamper with the evidence, the police can arrest him.
Any decision taken by the police station police officer/employee to arrest the criminal or not should be recorded in writing by the competent police officer/employee.

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16. If the police suspect that I have committed a crime, can they also arrest my family members?no never No one can be guilty as there is a relationship. Every person's guilt or innocence should be judged on the basis of the crime/acts committed by that person himself. This decision should not be based on whether he is close to or related to the suspect. No person's liberty can be taken away without any special legal reason. Police cannot threaten family or friends or detain them as a bargaining chip. Such acts are considered serious crimes like illegal imprisonment or kidnapping. No matter how difficult the case the police are trying to solve, the police cannot use any illegal means to force a suspect to surrender or confess to a crime. There is a reasonable basis for believing that he has committed an offense against them. Only such persons are arrested.

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17. Are there any special rules regarding arrest and custody of women?yes No woman can be arrested after sunset and before sunrise except for a very special reason. For that too, the written, special permission of the Magistrate must be taken. Only if the Magistrate is satisfied that there are reasonable grounds for the arrest will he allow it in writing. A woman police officer must be present at the time of arrest. The arrested woman must be kept in a separate room in the police station. Any kind of examination or physical examination should be done by a female police officer or a doctor only. It is in the best interests of the police officer to carry out all procedures related to women carefully and to keep proper records. According to the law, if a woman in police custody complains of rape, it is the responsibility of the police officer to prove that she has not been raped. If he does not prove this, the complaint will be considered true.

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18. Is there any special / special procedure for children?Under common law children under 7 years of age cannot be accused in a crime. So of course they are not kept in police custody. While investigation, arrest, custody, release, bail etc. of children up to 18 years. The procedure is as per the Juvenile Justice (Maintenance and Protection of Children) Act 2002. Every police station should have a juvenile police unit with specially trained officers. They are responsible for the maintenance and welfare of children who should never be kept in lock-up. Apart from this the child should be immediately handed over to the custody of the parents after giving bail and assurance. If the parents are not available and the child is in danger of being in the company of bad people, the child must be sent to a local remand until he can be produced in the Juvenile Court. A key principle of the Children Act is to have a child-friendly approach in all proceedings and aim to help children in conflict with the law keeping in view the "best interest of the child and their rehabilitation".

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19. If the police arrest me at the police station, can they detain me for as long as they want?Not at all. The police can keep you in the police station for a maximum of 24 hours. This is the minimum time. The police must produce anyone in their custody before a magistrate within 24 hours with all necessary documents to support their arrest.

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20. People are arrested on Friday evening and kept in custody until Monday. How so? The reason given by the police is that there are no magistrates available on weekends to allow such illegal practice to continue. But in reality a Magistrate is available 24 hours a day seven days a week. A person in custody may be produced at the magistrate's house if the 24-hour period ends after regular court hours. A magistrate cannot refuse to see a suspect.

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