{"id":293675,"date":"2023-06-02T16:00:49","date_gmt":"2023-06-02T10:30:49","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=293675"},"modified":"2023-06-06T14:51:24","modified_gmt":"2023-06-06T09:21:24","slug":"madras-high-court-issues-guidelines-against-police-harassment-during-investigation-legal-news","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2023\/06\/02\/madras-high-court-issues-guidelines-against-police-harassment-during-investigation-legal-news\/","title":{"rendered":"Madras High Court issues guidelines for police investigation to restrict \u2018harassment\u2019 of persons in criminal complaints"},"content":{"rendered":"
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Madras High Court:<\/b> In a criminal original Petition under Section 482<\/a> of Criminal Procedure Code<\/a> (‘CrPC’) seeking directions to Police not to harass the petitioner except due process of law, Sathi Kumar Sukumara Kurup, J. issued guidelines to be followed by police during investigation for refraining them from harassing persons.<\/p>\n

Background<\/b><\/p>\n

The petitioner alleged that she was harassed by Police under the guise of enquiry\/investigation, while the respondent Police pointed towards pendency of an enquiry in a complaint against the petitioner and issuance of Notice underSection 41-A<\/a> of CrPC<\/a>.<\/p>\n

Court’s analysis<\/b><\/p>\n

The Court pointed towards the unfettered powers of the Investigating Officer regarding enquiry in cognizable\/non-cognizable offence as long as such powers are legitimately exercised in accordance with Chapter 12<\/a> of CrPC<\/a>. It further observed thatthe magistrate normally acts as a guardian when it comes to police investigation and lacks power to interfere with the process of investigation as per CrPC<\/a>.<\/p>\n

The Court, however, pointed at several complaints of harassment being reported in recent times, seeking directions from the Court to refrain police officials from harassing people named in a criminal complaint.<\/p>\n

The Court made it clear that it would not usually interfere with police investigation under Section 482<\/a> of CrPC<\/a>, but it would not turn a blind eye to instances of harassment by the police under the guise of investigation.<\/p>\n

The Court also noted that the term ‘harassment’ is very wide and may carry different meanings for the petitioner and the police officers respectively. While pressing on need for appearance before the police officer regarding notice under Section 41-A<\/a> of CrPC<\/a> being a law-abiding citizen of the Country, the Court issued guidelines for similar circumstances:<\/p>\n

Police officer to serve written summon to a person named in a complaint under Section 160<\/a> CrPC<\/a>, and a witness to incident complained of under Section 41-A<\/a> CrPC<\/a>, specifying a particular date and time for appearing before him for such an enquiry\/investigation.<\/p>\n