Article 155(c) of the Police Order, 2002 deals with misconduct by police officers related to arrest, detention, and investigation. Specifically, it prohibits officers from:
- Maliciously or deliberately causing unnecessary hardship or humiliation to any person under arrest or detention. This includes acts like subjecting detainees to harsh conditions, excessive force, or prolonged periods of interrogation without access to legal counsel.
- Wilfully neglecting or refusing to record information relating to an arrest or detention. This encompasses failing to properly document the reasons for arrest, the time and place of detention, or any other relevant details.
- Fabricating or tampering with evidence in any investigation. This covers acts like planting fake evidence, destroying or concealing key information, or manipulating witness statements.
Violation of Article 155(c) is punishable by imprisonment for a term not exceeding three years, or with fine, or with both.
Here are some additional points to keep in mind:
- Cognizability: The nature of the offense under Article 155(c) has been debated. Some courts consider it cognizable, meaning police officers can arrest without a warrant based on reasonable suspicion. Others view it as non-cognizable, requiring a complaint or warrant for arrest.
- Interpretation: The specific actions constituting "unnecessary hardship" or "willful neglect" can be subject to interpretation and depend on the circumstances of each case.
- Complaints: If you believe a police officer has violated Article 155(c), you can file a complaint with the relevant authorities. This could include the police itself, an independent ombudsman, or a judicial magistrate.
It's important to note that I am not a legal expert, and this information should not be taken as a substitute for professional legal advice. If you have specific questions about Article 155(c) or your rights in interaction with the police, it is recommended to consult with a lawyer.
I hope this information is helpful. Please let me know by commenting or contacting if you have any other questions.
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police Order 2002