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

1 year 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

1 year 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

1 year 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

1 year 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.

How to file FIR and what are your rights
"Anyone can file a first information report (FIR). When you file FIR, it is your right to get a copy. If they refuse to take down your FIR, you can go the superiors or a magistrate. The court can direct police to register your FIR and investigate," says Vilas Tupe, former Assistant Commissioner of Police. He was speaking at the fourth session under the "Police & You" series. 
 
Moneylife Foundation with Police Reforms Watch & Commonwealth Human Rights Initiative (CHRI) and 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. Today was the fourth such session.
 
Mr Tupe, a highly regarded police officer, and recipient of President's police medal twice, with long years of experience in the crime branch and anti-corruption bureau, says, "Registration of FIR is mandatory for police. But remember, once an FIR is registered, only the court has the authority to quash it and not police. Also understand, police cannot force you to give a statement and you have a right to remain silent. Police also cannot handcuff the accused unless they have obtained necessary permission from a magistrate".
 
The event was held in the well-appointed auditorium of Saraswat Bank headquarters, Eknath Thakur Bhavan. 
 
The fourth session of the 12-week series on "The Police & You: What happens at a Police station? What is a First Information Report-FIR? What do you need to know about these?" was conducted by Mr Tupe and Dolphy Dsouza, Convener of Police Reforms Watch. 
 
 
 
Earlier, Mr Dsouza explained the concept of virtual police station tool as developed by CHRI. He said, "It is not just a training tool for the police but also an empowerment tool for the public, who can learn about responsibilities of police and different rights the public can claim in a police station, be they a witness, accused, female victim, male victim, or juvenile."
 
In the virtual police station, clicking on various icons of the members of police and public, or objects such as registers and phones, prompts a video and text box to open that explains these key procedures, and seminal resources such as case law and legislation are provided for even deeper learning. 
 
"The training video in 10 different languages provides a 360 degree view of a police station," Mr Dsouza said, adding, "Once something is clicked, detailed information is provided using videos, pictures and text boxes, with accurate legal and criminal sections provided for training. Critically, a 'learn more' button which serves as a resource archive, providing case laws, legislation, guidelines and other seminal materials for the particular process they are exploring is also provided so that trainers and public have every option to learn as much as possible on vital service related topics."
 
Mr Tupe then explained the process of filing an FIR and rights of common public. He explained, with examples, several steps involved in a police case and investigation. "Investigation, which is an extensive process of collection of evidences of a crime generally, begins with the recording of the FIR that in fact sets not only the criminal law but also investigation in motion," he said.
 
"By investigation we mean, criminal investigation, a statutory process through which the proof of an offence is established in a criminal Court," Mr Tupe said, adding, "It is the police officer, who has the prerogative right to investigate a crime, which is cognizable in nature. Section 156 of Criminal Procedure Code statutorily empowers police to investigate into cognizable offences without any sanction or order from the Magistrate. They are not under the control of the Courts or any judicial authority during the course of investigation. No Magistrate however high has powers either to interfere with or suspend the police investigation into a cognizable offence. Powers of the police are absolute in this respect."
 
Mr Tupe said, "Arrest of the accused person/s is major step in the investigation and that too as early as possible. Police then interrogate the person for his involvement and commission of offence and record his statement in the language spoken to by him. In comes the next stage of recording statements of other witnesses and after collecting medical certificate or post-mortem certificate, to file the charge sheet against the accused under appropriate section of Indian Penal Code and other enactments after eliciting legal opinion of the prosecutors concerned. The charge sheet should be in simple language and explicit. It should be filed as early as possible and there should not be long time lag between the lodging of FIR and the filing of charge sheet."
 
Talking about powers of an investigation officer, Mr Tupe, said, "A police officer in the course of investigation is authorised to arrest the accused residing outside  limits of his police station or to conduct a search outside the limits of his police station under section 166(3) Code of Criminal Procedure (CrPC ) or to summon persons residing outside his limits. An officer in-charge of a police station, under section 156 CrPC and any officer of higher rank under section 36 CrPC is authorised to investigation."
 
 
 
According to the former ACP of Mumbai Police, police may have the option to refuse to investigate under the following circumstances.  
If the information is found to be a hoax
If the offence complained is trivial in nature eg. 
Domestic quarrel between father and son etc., theft of a flower, or newspaper.
If the dispute is of civil nature etc
 
Mr Tupe said, "If the police comes to the conclusion that a complaint given to them about a cognizable offence is false, they have a right to stop proceedings and to register a under section 211 pc against the complainant." 
 
"Each and every step of investigation should not only be true, genuine but also appear to be so and above normal criticism that may be levelled by the defence.  There should not be any loose ends left untied in the investigation.  A fair true and impartial investigation will certainly bring about the desired result of the success of prosecution," Mr Tupe concluded.  
 

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COMMENTS

Vasudeo Shenoy null

1 year ago

Can IO take outside help for investigation

sunil

1 year ago

What an accused can do if he is handcuffed without permission from court ? and what he can do if IO(investigation officer) files charge sheet after 3 years of filing FIR?AND THAT ALSO WITHOUT MAKING ANY INVESTIGATIONS?

JOSEPH THARAKAN

1 year ago

From the talk Mr. Tupe delivered, I understand that there are not many officers who investigate offenses with a motive - "conviction" - in their performing their duty. One is forced to "buy" justice when approached the Police even if with a genuine complaint. My FIR filed on 24.01.2015 (MECR No.1/15) on an order dated 06.01.2015 from the Addl. Metropolitan Magistrate Court No.22, Andheri (E) under Sec. 156/3 IPC, is not progressing due lack of "buying" power or "influence". It may be that the "accused" in my FIR, are also involved in many other cases in the same Police Station. Thereby an indirect effect of "influence" of the accused in my investigation? It is necessary that Police personnel attend this kind of seminars and make them aware that they too are the "affected" people seeking justice.

REPLY

Vaibhav Dhoka

In Reply to JOSEPH THARAKAN 1 year ago

I fully agree with you sir,way back I was cheated by Kotak Sec.Ltd and its franchisee to the tune of Rs 20lakhs.Kotaks official said that matter is under SEBI's purview and EOW DCP.Pune obliged them by not taking any action,even though either of them or combined cheated and played fraud.This shows that money plays vital role in filing FIR.

Dolphy D'souza

In Reply to JOSEPH THARAKAN 1 year ago

Dear Mr Tharakan,

We understand your anguish and the delay in your case. Although we do not know your case, please do speak to us and maybe we could guide you on what we need to do.
Dolphy D'souza
Police Reforms Watch
9833884227


Dolphy D'souza

In Reply to JOSEPH THARAKAN 1 year ago

Dear Mr Tharakan,

We understand your anguish and the delay in your case. Although we do not know your case, please do speak to us and maybe we could guide you on what we need to do.
Dolphy D'souza
Police Reforms Watch
9833884227


Vaibhav Dhoka

1 year ago

Filing of FIR is right,but police many times take biased decision and do not file FIR even in genuine complaint.The authorities are not answerable to public.Then to approach judicial magistrate u/s 153- 156 is not feasible to all complainants.most of the times actions are biased not public friendly.Their actions are money friendly.

Civil Defence Organisation needs more volunteers to empower citizens
"Civil Defence Organisation's job is to empower citizens and keep emergency services going on. However, we are not getting more volunteers," says Sanjay Pandey, deputy commandant of Home Guards and deputy director of Civil Defence. He was speaking at the third session under the "Police & You" series. 
 
Moneylife Foundation with Police Reforms Watch & Commonwealth Human Rights Initiative and with support from Saraswat Bank has 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. Today was the third such session.
 
Mr Pandey, an Indian Police Service (IPS) officer of Maharashtra Cadre from the 1986 batch, says, "We also train and issue license to security agencies. So in case you are in doubt, you can send your housing society watchman or security guard. We will check their training knowledge. If they are good, then you can be assured of proper service. If they are not properly trained, we will take necessary action against the agency that employed them."
 
The event was held in the well-appointed auditorium of Saraswat Bank headquarters, Eknath Thakur Bhavan. 
 
The third session of the 12-week series on "Disaster Management: First Aid and CPR" was conducted by Vilas Bidwe, Shivaji Desai and Milind Shinde from the Directorate of Civil Defence of Maharashtra Govt. Mr Bidwe, the Deputy Controller at CDO for Area-IV of Greater Mumbai, conducted the session in first aid.
 
 
Through his presentation, Mr Bidwe explained the various first-aid treatments for wounds, haemorrhage, fractures, burns, asphyxia and foreign body in eye, ear and nose. There are different kinds of wounds, haemorrhage, fractures and burns, and all these needs to be treated differently. He explained in detail on how to treat different types of wounds, haemorrhage and fractures. “Every injury comes with its own signs and symptoms. The patient needs to be treated based on these symptoms,” he said.
 
Mr Bidwe also described difference between a dislocation and a fracture. When a limb is dislocated, many try to fix it by bringing the limb back in position. Mr Bidwe cautioned that this should never be done. “Also if there is a swelling, one should never apply a cold compress. Both, in the case of fracture, sprains and dislocation, only external support should be provided to the limb to avoid further stress to the injured, while medical help is arranged.
 
 
Similarly, different kinds of burns need to be treated differently based on their severity and the cause of the burn. Burns due to alkalis or acids need to be treated differently. One should not burst the blister formed and avoid applying any type of lotion or cream. However, superficial burns can be washed under running water. Further, he explained on the treatment of asphyxia and insensibility, which is caused by lack of oxygen in the body. In such cases, the patient should be assured of free supply of air by avoiding congestion around the patient. When a foreign object enters the eye, ear or nose, it should be treated with utmost care.
 
Later, Mr Desai and Mr Shinde, both Assistant Deputy Controllers at CDO, with the help of a mannequin, demonstrated various techniques and methods of administrating CPR. They also showed different types of bandages to be used during an accident or disaster. 
 
 
Here is the powerpoint presentation:
 
 
 
 

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