Police or Public servants are known to render their services towards Nation and civilians therefore wide liberty has been given to the public servant itself by our Indian Constitution. Their primary job is to render service for society but nowadays they become the puppet of the politicians and do everything for the sake of the political propaganda.
Millions of cases are not reported in India each year because the police refuse to register F.I.R or victim avoid reporting crime before police for their bad behavior, Not only that nowadays police voluntarily commits crime taking advantage of his power.
Uttar Pradesh, India is one of the examples of one of the State becoming the epicenter of such incidents wherein past history shows custodial death, rape inside the police station, extortion by police, molestation, etc. and no one is there to seek against the police as they are fully shielded under law, moreover whenever media tried to expose then Journalist has been booked under the fake criminal case. Now the question arises Can anyone sought against the police?, from the past history it doesn't seem to be possible but seeing the misuse of power by police towards women Justice Verma Committee has laid certain amendments in legislation all over India by amending every privileged section of law in the year 2013.
Primarily we need to understand who is police/ Public servant? Sec.21 of IPC includes twelve categories of officers under administration. When we talk about 'sought against police brutality' then we should know how the police are protected and get shield under law. The main advantage of the police is under Sec.353 (Assault or criminal force to deter public servant from discharging of his duty) & Sec. 186 (Obstructing public servant in discharge of public functions) of IPC which is the most rigorous penal section, upon a charge of which anyone will be kept behind the bar.
Now the question arises that can I use force against police in private defense but you should know that private defense has got its exception under Sec.99 IPC that no private defense shall be the defense against police/ public servant.
HOW TO FILE CASE AGAINST POLICE: Practically everybody knows that for initiating a case you should write a complaint and register before police but police will not register any complaint against the police personnel. But fortunately, there is another law to file a complaint against police u/s 200 Cr.P.C directly to the court, but that is also barred u/s 197 Cr.P.C as court can't take cognizance over the complaint unless there is 'Previous Sanction' which means the higher official of police will hold a preliminary inquiry and submit before the court. We know very well that what will be the results of the inquiry report when submitted by the police itself and upon that court will take cognizance otherwise dismiss the complaint.
Considering the wide power given to police and misuse of power there is amendment in law in the year 2013 known as Criminal Law Amendment Act,2013 u/s 197 Cr.P.C that no previous sanction is required when any allegations are made against the police by the women regarding sexual assault, molestation, rape, etc. Therefore in such cases, the woman is lucky enough and directly goes to the court and file complaint u/s 200 Cr.P.C and other cases we can also go for the same process which will also through any Public servant in the deep veil.
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