May 24, 2012

Your Rights Against Police (5) You can search Police before he Searches You

Suppose for any reason, if police arrests you, then first thing he may do is to take away your mobile. Then he may search your shirt pockets or trousers to see if there is anything like drugs etc. to pin you down.

These are his rights under Sec. 51 of Cr.P.C.

What are Your Rights

1) Before he begins your search, you can say, "Sir, Hold on please. Let me first SEARCH YOU. Who knows, you may be hiding some drugs in your palm and then you may stealthily drop it in my pocket!. Let me first SEARCH YOUR POCKETS AND HANDS.

He may laugh. He may beat you. Or He may Ask, "Where is such law? Where is it written in law that I have to first offer myself for search by You!

Here you can answer, "This right have been given to me by Court. This Right has been given to me by SUPREME COURT of India. If you will not permit me to search you first, your whole search will be illegal and in addition you may be liable for Contempt of Court of Supreme Court for disregarding its order in BIHAR Versus Kapil Singh AIR 1969 SC 53. 

You can find this judgement on internet on Google.


2) If Police Officer who wants to search you, belongs to Narcotic Department, you can say, " Sir, I do not want to be searched by you or any officer from you team. Take me to nearest Magistrate or Gazatted officer and then search me in HIS PRESENCE. And there also, first I will search you, and then you will search me".

This right is given to you under Narcotic Act Sec.50

The Law has put these safe guards and given you these rights so as to prevent framing of innocent persons under draconian drug Act.

It is now up to you.

Haresh Raichura
24th May,2012

PS. It is illiterate poor who need this knowledge more than you. If you have any friend publishing any vernacular newspaper, you can ask him to copy, translate and publish this article without asking my permission. This may save many innocent persons from being framed in Drug Act.