Moneylife Events
Know about arrest and detention, police interrogation and questioning
"The number of cases in courts are increasing because people are becoming aware about their right and not because law is being implemented or followed strictly. But at the same time, people are getting fed up with judiciary, increasing costs and police and enforcement agencies," says Senior Advocate Satish Maneshinde. He was speaking at the fifth session under the "Police & You" series. 
 
Moneylife Foundation with Police Reforms Watch with support from Saraswat Bank have launched the 12-week program (every Wednesday) that aims to spread knowledge about protecting yourself, your rights, the Indian Penal Code (IPC), cybercrime and economic offences. This was the fifth such session.
 
 
 
Adv Maneshinde, one of the top lawyers practising in criminal matters, said, "Judiciary is the most neglected pillar of our democracy. That is why the infrastructure in courts, especially in power courts is very poor and pathetic. There are maximum number of cases pending in lower cases, which are functioning in inappropriate conditions. And we have to blame the system for pendency of cases. Improving infrastructure in judiciary is the way for modernising India."
 
The event was held in the well-appointed auditorium of Saraswat Bank headquarters, Eknath Thakur Bhavan. 
 
The fifth session of the 12-week series on "The Police & You: Arrest and Detention, Police Interrogation and Questioning" was conducted by Adv Maneshinde and Ramesh Mahale, who retired from Mumbai Police as Senior Inspector. 
 
Mr Mahale, who was the chief investigating officer in the 26/11 Mumbai Terror Attack case, explained the procedures involved in arrest, detention and interrogation. "One of the major issues faced by Police while investigating or filing a charge sheet before a court is lack of knowledge, especially new changes in law and decisions of the courts. Even the government and police department are reluctant to learn about new changes. For example, as per changes in section 46(4) in the Code of Criminal Procedure (CrPC), Police cannot arrest a woman after sunset until sunrise. Under exceptional circumstances, a lady police officer, with written permission from the Metropolitan Magistrate can arrest the woman concerned," he said.
 

Similarly, as per changes in CrPC that took place from 1 November 2011, Police are not supposed to arrest a person for an offense punishable for jail term of seven years or less. But most of the time, these are not followed by Police, Mr Mahale said.
 
Mr Mahale, who has put in 30 years of unblemished service and secured 688 rewards and commendatory notes during his career, also expressed his concern about custodial deaths.  
 
According to the statistical data on custodial deaths, during 1999 to 2013, a total 1,418 deaths took place in police custody or disappearance of persons from custody across the country. Out of this, 333 deaths occurred in Maharashtra alone. The state also recorded the highest number of custodial deaths of 30 in 2015, out of which four took place in Mumbai, Mr Mahale said.
 
 
Section 176 (1) A of the CrPC provides for the police station to inform the nearest judicial magistrate about a death in custody. Under this provision, the magistrate is empowered to hold inquests by ordering a post mortem of the body within two days. Based on the same provision, the magistrate can direct an inquiry thereafter. However, the Maharashtra government issued a circular to police stations across the state informing about this provision only on 3 May 2016. 
 
Mr Mahale then informed the audience about various provisions and laws about arrest, detention and deaths in police custody. He also described the procedure for custodial inquiry and interrogation.
 
The retired police officer, who was awarded the President's Police Medal for Meritorious Service in 2011, shared his experiences during the 26/11 Mumbai Terror Attack case, inquiry of Ajmal Kasab and other cases he had handled as investigation officer.
 

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COMMENTS

Bapoo Malcolm

9 months ago

Continuing where I left off, thanks to the wrong 'click'. The man who really helped me at that time was Julio Rebeiro. I did not know the law then; I used to be arrested two, three times a week, around midnight every time, from the Parsi General Hospital where my father was dying. The cops are the pits. Thankfully, they are also low IQ guys. Educating them will not help. The public needs to be educated, from school, to effectively counter the high handed methods. But the politicians hope that the public is always blind-sided. Like how they talk of emphasis on "local language", while their own kids graduate with English. Remember that the two most hated groups in India, according to a study, are a) politicians and b) police. The one 'P' that bears the brunt is the most important 'P', the PUBLIC.

Bapoo Malcolm

9 months ago

Law should be taught at schools. At least the basics of Contract Law and those relating to police methods. They exist by intimidation. My aunt, about 82 years and rather deaf, was whisked away from home and moved from police station to police station for three hours; so that we could not locate her. She died in a state of perpetual shock and dread of the word "police", four months later. In spite of great care by her eminent doctor brother, who took her away to Indore, hoping to ease her fears.

Bapoo Malcolm

9 months ago

Law should be taught at schools. At least the basics of Contract Law and those relating to police methods. They exist by intimidation. My aunt, about 82 years and rather deaf, was whisked away from home and moved from police station to police station for three hours; so that we could not locate her. She died in a state of perpetual shock and dread of the word "police", four months later. In spite of great care by her eminent doctor brother, who took her away to Indore, hoping to ease her fears.

Abhijit Chaudhuri

9 months ago

Judicial process is that labyrinth which is not taught at any school or college unless one is a student of law. I salute Moneylife Foundation to spread such awareness amongst the citizens.

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Further price shocks possible as pick up in factory output not encouraging: Report
India's industrial growth will not return to a sustained and high growth path so long as excess capacity in the manufacturing sector remains and private sector investment cycle does not revive, says India Ratings and Research (Ind-Ra). 
 
A consecutive month of positive growth in the Index of Industrial Production (IIP) though encouraging, Ind-Ra says it believes that it is still too early to expect an improvement and stability in industrial growth. In addition, food inflation despite favourable monsoons could surprise on the upside and food items could be anything ranging from potato, tomato, onion, milk, egg, and pulses, as has been the case in the past, it added.
  
The retail and wholesale inflation for July 2016 at 6.07% and 3.55% came in higher than Ind-Ra's expectation of 5.83% and 1.8%, respectively. IIP maintained its second consecutive month of positive growth at 2.1% in June 2016 as against 1.1% year-on-year (yoy) in May. The IIP growth had turned positive in February and March and negative in April 2016.
 
 
Manufacturing output (75.5% weight in IIP) increased to 0.9% yoy in June 2016 from 0.6% in the previous month. "Such a marginal increase in manufacturing does not generate confidence that the downtrend in manufacturing has been reversed. The capacity utilisation in manufacturing has been hovering in the range of 70%-75% now for nearly five years," the ratings agency says.
 
'Food products & beverages', 'chemicals & chemical products', petroleum products, 'motor vehicles & trailers', non-metallic mineral products and textiles, which together have a weight of 51% in manufacturing, clocked higher growth rates in June 2016 than in the previous month. Mining and electricity grew 4.7% and 8.3% in June 2016 as against 1.4% and 4.7%, respectively, in the previous month.
 
Ind-Ra says, the disconnect between IIP and industrial gross value added data is making it increasingly difficult to discern the sectoral as well as overall industrial and manufacturing output growth trend. The base year used for IIP calculation is 2004-05, while industrial gross value added is based on 2011-12 prices. The use of 2004-05 means a lot of data relating to industrial and manufacturing output is not captured by IIP, it added.
 
 
 
At the use-base level, capital goods output continued its negative trend. Capital goods output contracted 16.5% in June 2016 against a contraction of 12.3% in May 2016. This reinforces the lacklustre investment demand in the economy, the ratings agency said. 
 
Basic and intermediate goods continued with the positive trend and clocked higher growth rates than the previous month. Consumer durables maintained the positive growth trend, although growth rate moderated to 5.6% in June from 6% in May 2016. Consumer non-durables reversed the seven months of negative growth rate and clocked 1% in June 2016 as against negative 2.3% in May 2016.
 
According to Ind-Ra, inflation, both retail and wholesale, surprised on the upside, reinforcing the upside risks to the inflation trajectory emphasised upon by the central bank in its second and third bi-monthly monetary policy reviews. Rainfall has been above normal so far and the area sown under pulses and cereals, as reported by the agriculture ministry, is larger than in the previous year. This has raised the expectation that food inflation will moderate in the coming months and bring down the overall inflation.
 
Retail price inflation rose further to 6.07% in July 2016 from 5.77% in June 2016, led by higher food price inflation. Among the various components of retail inflation, food prices rose for the fourth consecutive month in July 2016 (8.4% in July versus 7.8% in June). Vegetable prices moderated to 14.1% in July from 14.8% in June 2016; however, this was more than offset by a sharp rise in prices of sugar, cereals, egg, milk and pulses. Sugar prices increased to 21.9% in July 2016 from 16.8% in the previous month. Services inflation showed a slight uptick to 4% in July 2016 from 3.8% in June 2016, led by higher inflation in the personal care category (July: 7.3%; June: 5.9%).
 
Wholesale Price Index (WPI) inflation increased to 3.55% in July 2016 from 1.62% in the previous month, led by the sharp rise in food inflation. WPI excluding fruits, vegetables, pulses and sugar stood at 1.75% in July 2016. Although these four commodities have been the key drivers of WPI, even with the exclusion of these items WPI has picked up pace in the last two months. Core (non-food non-fuel) inflation turned positive and came in at 0.09% in July 2016 after 16 months of consecutive deflation.
 
 
Food inflation component of wholesale inflation rose to 11.82% in July from 8.18% in June 2016, once again led by a sharp rise in prices of pulses, fruits, vegetables and sugar. Prices of fruits and vegetables rose to 22.33% in July 2016 from 11% in the previous month. Food grains (cereals and pulses) and sugar prices rose to 13.57% (June: 10.90%) and 32.33% in July 2016 (June: 26.09%). Although part of the reason for price rise could be attributed to the base effect, it is time to question our current understanding of the food economy and its demand and supply dynamics.
 
Ind-Ra says, an analysis of food inflation data over the past six to seven years suggests that nothing has been able to tame food inflation. "The goal post shifts each time food inflation surprises on the upside. It has become routine to put the blame on the failure of monsoon, unseasonal rainfall, the futures market in agricultural commodities and sometimes on hoarding or black-marketing and so on," it added. 
 
"Something more structural has happened in the economy about which we talk but are still not ready to admit - shift in the income, consumption and the aspiration dynamics of people who are at the bottom of the pyramid. So long as we do not get this right, addressing food inflation on a sustained basis will remain a pipe dream," the ratings agency concluded.
 

 

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