Online Copyright Registration in India

Protect your creative work
Books, Songs, film, websites, Software, painting, fashion Design etc
Call now: 09891244487

Ask Our legal Experts, on issues related to Divorce

File Mutual Consent divorce right away

Call at ph no: 9650499965
Search On:Laws in IndiaLawyers Search

To Appeal before CIC - Central Information Commission
For Filing and Hearing contact: Choudhury's law Office
Ph no: 9873628941

Author Topic: Third Degree In Investigation  (Read 1117 times)

0 Members and 1 Guest are viewing this topic.

Offline Advocate-ashoksen

  • Jr. Legal Expert
  • **
  • Posts: 66
  • Karma: +3/-1
  • Advocate Ashok Sen Calcutta High Court
    • View Profile
Third Degree In Investigation
« on: December 16, 2013, 03:46:05 AM »
In D.K. Basu v. State of West Bengal,
directions were given to "Arrest and Detention" in criminal cases.

The Court opined: "Police is, no doubt, under a legal duty and has legitimate right to arrest a criminal and to interrogate him during the investigation of an offence but it must be remembered that the law does not permit use of third-degree methods or torture of accused in custody during interrogation and investigation with a view to solve the crime. End cannot justify the means. The interrogation and investigation into a crime should be in true sense purposeful to make the investigation effective. By torturing a person and using third-degree methods, the police would be accomplishing behind the closed doors what the demands of our legal order forbid. No society can permit it."

There are instances of torture and death in custody of these authorities as well.

In In Re: Death of Sawinder Singh Grover, 1995 Supp. (4) SCC 450 (to which Kuldip Singh, J. was a party) this Court took suo moto notice of the death of Sawinder Singh Grover during his custody with the Directorate of Enforcement. After getting an enquiry conducted by the Additional District Judge, which disclosed a prima facie case for investigation and prosecution, this Court directed the CBI to lodge an FIR and initiate criminal proceedings against all persons named in the report of the Additional District judge and proceed against them. The Union of India/Directorate of Enforcement was also directed to pay a sum of Rs 2 lakhs to the widow of the deceased by way of ex gratia payment at the interim stage. Amendment of the relevant provisions of law to protect the interest of arrested persons in such cases too is a genuine need.
Advocate Ashok Sen Calcutta High Court

Offline advocate-lyngdoh

  • Veteran at Law
  • *****
  • Posts: 177
  • Karma: +5/-1
  • Member of Shillong Bar Association
    • View Profile
Re: Third Degree In Investigation
« Reply #1 on: December 16, 2013, 03:55:19 AM »
How many offenders dare to approach human rights commission. In my practice only a couple of clients have approached. The rest of them say sir save us from the case we don't want to invite any risk. That's the present scenario
Advocate Lyngdoh
Laitumkhrah, Shillong

Offline amanthapeterson

  • Jr. Legal Expert
  • **
  • Posts: 55
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
    • sell structured settlement payments
Re: Third Degree In Investigation
« Reply #2 on: December 31, 2013, 10:07:08 PM »
The people are now a days need to be known to the various laws and other legal entities in order to pertain a stable social life. The above thread also gives a good detail of the all criminal laws diagonesis in order to ascertain a mutual reference of the various laws of that particular state or city.

 

File a Consumer Complaint
Property verification
Call: 9873628941
 

Lawyers in India - Listed city wise Mumbai
Bangalore
Pune
Pondicherry
Jaipur
lawyers in London
lawyers in Birmingham
Chennai
Allahabad
Ahmedabad
Jodhpur
Indore
lawyers in Toronto
lawyers in Sydney

Cochin
Lucknow
Ranchi
Thane
Janjgir
lawyers in Milan
Johannesburg

Delhi - New Delhi
Chandigarh
Surat
Nashik
lawyers in New York
los Angeles
Kolkata
Hyderabad
Rajkot
Nagpur
lawyers in Dhaka
lawyers in Dubai

Copyright Registration

Ph no: 9891244487

For Mutual consent Divorce in Delhi - Ph no: 9650499965

Home | Bare Acts | Law Forms | Supreme Court Judgments | Legal Advice | Lawyers | Submit article | Sitemap | Contact Us

legal Service India.com is Copyrighted under the Registrar of Copyright Act ( Govt of India) 2000-2016
Get Free legal Advice here from top notch lawyers in India