Ashweni Kumar
Asked June 19, 2016

harassment by police

  • 1 Answer

Sir, I m a armed force personnel working in CISF.Before two years a FIR lodged against my father in double murder case.Immovable / movable Property regarding my father attached by the order of honorable court and proclaimed absconder. My father still absconded. I have no contact with my father from a long time. I m doing my job but local police ( Up police) threatened my grandparents which is at my native place, to register a case against me under section 216 and also phoned me to give information about my father.i clearly told them I don't know where is he. So I want to know what I do for the sfety of my job. Police mentally harrassed me again and again. I can't concentrate on my job. Need ur advice what to do?

Answer 1

Default avatar
Rahul Singh

The Indian Penal Code under Section 216 provides that if you harbor an accused a criminal complaint can be filed against you. Assuming that you have absolutely no contact with your father, it will be difficult for the police to file a complaint against you under this section. On your part you inform the concerned officers and try to convince them that you have contact with your father and in the unlikely scenario if he ever contacts you, you will inform the Police immediately. 

Still, if they do not stop calling you or your grandparents and keep on threatening them you can record their call and file a formal complaint with the local police department. If the police is not friendly you can visit the website of local police department and in complaint section you can lodge your complaint by following the procedures for how to contact the department to file a complaint. Note any dates when you are contacted by the police and document what was said to you during that time. Keep records of written communication between the police and yourself. The more diligent you are about documentation, the stronger a case you will have.

You are entitled to your privacy and no one, not even the police can encroach upon your rights by searching your premises without a warrant or a proper reason. If police fails to take any prompt actions even after your complaints then you are entitled to a Writ of Mandamus against the UP Police under article 226 in Allahabad High Court.

Agree Comment 0 Agrees over 5 years ago

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