The essay '5 Rights Against Police You should Know' is an insight into essential legal rights that every individual must be familiar with.

The essay '5 Rights Against Police You should Know' is an insight into essential legal rights that every individual must be familiar with.

Introduction

In addition to maintaining public safety and enforcing law and order in communities, the police department is in charge of defending its reputation. No one is above the law, as India's Preamble makes it quite clear. Police personnel are unlikely to over-regulate or abuse their power to intimidate people while conducting an inquiry. One of the most important societal institutions is the police. The most prominent figures in the government are the police. It often happens that the police department and a policeman are the most appropriate and readily available unit and individual to him in times of risk face threat, tragedy, and difficulty when a resident does not know what to do and whom to contact.

Police Can’t Refuse To Lodge Your FIR

Police can’t refuse to lodge your FIR if they do, then, you may contact the local magistrate in accordance with section 156 (3) of CrPC. A magistrate has the authority to direct the investigation under this clause. A magistrate may consider the complaint and order the police to look into the matter and submit a report. If a case is discovered, the magistrate may instruct the police station supervisor to file an FIR and conduct a thorough investigation. You may seek the Session Judge to exercise your rights under section 22-(A)(6) of the Cr.P.C. if the magisterial court declines to take cognizance of your case.

Police Can't Force/Threaten To Call Your Cops

Police cannot ever threaten you with calling your parents unless you are a juvenile and have been detained by them on suspicion of breaking the law. They have no right to contact your family if you are a major.

Live-in relationships are lawful. Thus the police can't force them or threaten to call the Police

Interracial relationships are not prohibited in India. The pair should just be older than 18 and offer their full consent to be of any gender. The Allahabad Court further stated that, in accordance with Article 21 of the Constitution of India, 1950, live-in couples have the right to a life in which they can coexist happily and without interference. This includes their parents.

Between 6 pm and 6 am, Women have the right to refuse to visit the Police Station

A lady cannot be detained after dusk and before dawn, under a Supreme Court decision. There are many instances of women being harassed by the police in the early morning hours, but all of this can be avoided if you exercise your right to be present at the police station only during the day. The police need a written justification from the magistrate for the nighttime arrest in the event that the woman has committed a significant offence.

The Traffic Police cannot seize your car keys

In order to prevent any kind of accidents on the road, it is imperative that you obey traffic laws when operating a two-wheeler or a car. If you don't, the traffic police may issue you with severe fines and pose a serious threat to your life. The removal of keys from automobiles during an inspection is one of the "not permitted" measures that traffic cops occasionally do. You did read that correctly.

Traffic police are seen taking keys out of cars in a variety of movies, commercials, and occasionally even in real life, despite this is not something that they are permitted to do. This rule is not widely known, thus the police are free to enforce it. But no longer. Only traffic police officers with the rank of assistant sub-inspector (ASI) are authorised to penalise you for breaking traffic laws, as per the Indian Motor Vehicle Act of 1932. Traffic constables are simply present for their aid. ASIs, sub-inspectors and inspectors have the authority to fine you right away. However, they lack the power to take your car's keys away. Your car's tyres cannot be deflated by a traffic officer.

Important Links

Law Library: Notes and Study Material for LLB, LLM, Judiciary, and Entrance Exams

Law Aspirants: Ultimate Test Prep Destination

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Ananya Kukreti

Ananya Kukreti

Ananya is currently pursuing law from Amity University, Noida. She has a strong inclination towards policy research and business laws.

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