UP COPS HARASS COUPLE SITTING IN PARK

Table of Contents

INTRODUCTION

In UP’s Ghaziabad, a woman sitting in a park with her fiance was confronted by two cops and a man in plain clothes.

One of the cops sexually assaulted the woman, asked for sex, and demanded Rs 5.6 lakh. The cops let off a couple after three hours of harassment and Rs 1000 in Paytm.

WHAT IS THE INCIDENT OF UP COPS HARASS A COUPLE SITTING IN PARK

The couple was sitting in a park (the story says the time was 12. Three men arrived there on PRV bikes. The policemen were in plain clothes.

One of them, Rakesh Kumar, began seeking a physical relationship with the woman. He touched her inappropriately. Another demanded more than Rs 5 lakh from them. Then the couple kept pleading to be let go.

Eventually, the men let them go after 3 hours of harassment and after receiving Rs 1000 through Paytm. As Rakesh now had the woman’s number, he later called her, which the woman recorded.

The couple then filed an FIR. After this, Rakesh and one other culprit Digambar visited the couple’s residence and returned the Rs 1000.

HOW TO HANDLE POLICE HARASSMENT IN INDIA

Whenever there is a situation where a victim needs to go to a Police Station to Complain Against a Police Officer, always take a lawyer with you. If there is a need to file a complaint against a Police Officer, over his misconduct, the victim should file it in the commissioner’s office in the city.

If any police officer is trying to bribe you or attempting to influence you in a written or oral communication for some personal gain, you can always take action against them, there are some prevalent laws mentioned under the Indian Penal Code and the specific section 7 under the prevention of corruption act

If any police officer is getting brutal to you in any way, it’s basically a violation of civil rights so there is a remedy against their actions, whereas if any officer mistreats his powers and abuses any individual with such force which is not in the requirement, then under section 197 of Code Of Criminal Procedure gives the power to interfere by way of sanction thru central government, if any police officers need to be prosecuted for any criminal activity

Ordinary citizens were always being harassed by these police officers being wrongly questioned, search and seizures, arrested, and accusations of mistreating any individual in public by using physical force, that police officer can get punished under section 129 of the Indian Penal Code

POLICE COMPLAINT AUTHORITY

The Police Complaint Authority was created in 2006, After the SC directed all States to begin a reformation in their Police, After the Judgement in the Prakash Case, The SC of India gave the directives for structural reform of the police, by establishing Police Complaints Authorities at the state and District level, with immediate effect. The Decision was Primarily due to the increment in the huge number of Complaints against the police and the lack of Accountability, as well as the intention behind setting up police complaints authorities was to make sure that a local mechanism expert in handling a wide scope of complaints against the police, including the most serious, was readily available to the public at large.

Complaints which can be filed with the Police Complaints Authority

The Authority shall investigate accusations of “Serious Misconduct” against the police personnel, as detailed on a complaint received from any of the following:

A victim or any person on his/her behalf;
The National or the State Human Rights Commission;

The police; or
Any other source

By the word “Serious Misconduct”, it states the coverage of the offences;

Death in police custody;
Grievous hurt, as defined in section 320 0f the IPC,1860;
Rape or attempt to commit rape;

Arrest or detention without due process of law;
Extortion;
land/house grabbing; or

Any incident involving serious abuse of the authority.

The Authority may also investigate before referring to the complaint as filed, only after getting satisfied with the truth of the complaint.

How to File a Complaint with the Police Complaint Authority

A Complaint can be filed in PCA, on your own, and in an authority existing in your nearby area/district.

The complaint can be filed by any other person who has witnessed any misconduct committed by the police.

What if a police officer does not file FIR?

the victim may send the substance of the information, in writing and by post to the Superintendent of Police concerned, who after getting satisfied that such information discloses the commission of a cognizable offence like Murder, Theft, or Robbery, shall either investigate the case himself or he can direct an investigation to be made by any police officer subordinate to him.

If the complaint filed to the Superintendent of Police still does not result in your favor, the victim can visit the nearest Magistrate and can get his complaint registered. After this, the magistrate will order the police to register the FIR.

Conclusion

In the last, if any individual faces any misconduct or being part of ill-treatment done by these police officials it is very common to be part of their harassment, in any of the situations. Next time something happens like this you don’t have to be a victim of such incidents, you can always take necessary action against them by hiring a lawyer.