Delhi Court orders registration of FIR against erring Police officials on allegations of custodial violence

Custody Prison Law Insider

Munmun Kaur

Published On: December 30, 2021 at 11:56 IST

Recently, a Delhi Court ordered for registration of an FIR against the Delhi Police officials at Begum Pur Police station after it was alleged that they brutally assaulted an accused person in police custody.

Apparently, on December 08, the accused was produced before the Duty Metropolitan Magistrate (MM) for remanding him to Judicial Custody. The MM noticed that the accused was trembling. The accused was insisted to unclothe himself and when he did, black and blue bruises and multiple abrasions were found on his body which led to the conclusion that he was subjected to custodial violence. The Duty MM immediately sought the intervention of the high Police authorities and asked the concerned Joint CP and DCP to submit a report.

Although, the report of the DCP gave a clean chit to the Police by stating that there was no case of Police brutality and that the bruises were inflicted by the accused’s own brother due to a personal quarrel.

The Court called the injuries a calculated assault after overpowering the accused and directed the concerned Joint Commissioner of Police to ensure that the investigation in the matter is carried out by an agency and officer to ensure fairness in the process.

The accused has leveled allegations against the erring Police officials and his wife too filed a complaint on similar allegations. The Court directed the DCP to register an FIR against the Police officials involved in the case under sections 323, 342, 506, 354, 509, 429 and 166A of the Indian Penal Code.

The Court noted that the conduct of the Police, if it was the conduct was not only in violation of guidelines issued by the Supreme Court in the case of DK. Basu v. State of West Bengal but also amounts to a criminal offence of wrongful detention and manipulation of the official record.

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