What actions can you take against the police if they knowingly file a false FIR against you and if the senior police isn't accepting your grievance regarding this matter?
We often see that Police files FIR without verifying the facts and it become difficult for innocent person who was deliberately implicated in a case.Senior officer can not cancel FIR whether true or false, they can only direct their sub ordinates to carry out fair and impartial investigation. You can get relief only from court , The High Court can quash (annul) the FIR if it think that it is biased/falsely implicated against the justice, for this you have to file writ petition as per Article 227 Constitution of India. The court can also issue stricture against the police officers if found at wrong end.In case FIR is not quashed , the police After completion of investigation of FIR file a final charge sheet before the competent court to take cognizance (action) on the case. In the charge sheet many columns are there which suggest S. No. of FIR , date/time/place of occurrence, details of complainant/accused person(s) and brief facts of investigation and outcome of investigation with supportive documents.There is a column in charge sheet if after investigation it is revealed that complaint was false information there is provision in IPC as per section 182 which sates thatFalse information, with intent to cause public servant to use his lawful power to the injury of another person.—Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, such public servant—(a) to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him, or(b) to use the lawful power of such public servant to the injury or annoyance of any person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.but this punishment is awarded when investigation established that information was falsely given to police authority.
Can a store post shoplifting suspect pictures up? Legal if not caught?
If it's posted for employees it is perfectly legal. (And, of course these pictures are not being posted for the general public to see.) As long as the store manager has a reasonable basis to believe those specific individuals are engaged in shoplifting, it's not even defamation of character to post those pictures. Libel (for written words), slander (for spoken words), and vilification–is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government or nation a negative image. It is usually a requirement that this claim be false. (The truth is an absolute defense to a defamation cause of action. If the manager has seen the person stuffing merchandise into a purse or backpack, even if the person dumps the stuff before getting out of the door - that is MORE than enough to strongly suspect that person of shoplifting and is allowed to share this opinion with others.) No. A retail store is not going to violate civil rights unless it is engaged in discriminatory conduct regarding race, gender, religion, handicapping status, sexual orientation, etc. Accusations of shoplifting don't rise to that level. The store could actually ban those people from the store and it would be perfectly legal. The store manager sharing his opinion that certain people are stealing with his employees is free speech. He is not claiming those folks have criminal records. It doesn't even sound as though he is saying these people ARE shoplifters. It's obviously clear that he "thinks" they are shoplifting based on what you have described. There is no libel. There is no slander. (UNLESS the manager is knowingly and maliciously lying to damage those folks' reputations.)
Can i sue for deformation of character?
My brother is taking me to court over a tv we paid equaly for which i ended up taking when he wodnt give me my share when we moved. Which is whatever. The question I have is can I counter sue him for defermation of character when he has posted it Over facebook and took pictures of the court papers withh my name clearly on it? Also after i Moved he posted that i had stolen 300$ when I moved out and posted it on fb using my name. Which is not true. Can I counter sue him? Can I ask for a lawyer in civil court? Any help would be great!
What should you do if you are wrongly accused of stealing?
I AM NOT A LAWYER. THIS IS NOT LEGAL ADVICE.Wrongfully accused or innocent? Were you arrested and charged with a crime or did someone eat the last package of cupcakes?To me, “Wrongfully accused” means “guilty with blurred evidence”. 2 words now equal 4 and the GAME begins. “Inocent”, one word! Never offer more than necessary. If you need a muzzle buy one!If you have been charged with a crime keep your mouth shut and contact a lawyer ASAP. And NEVER, and I mean never, say “wrongfully accused” again.In a court of law WORDS begin to defy both physics and definition. I'd suggest hitting a law library to educate yourself concerning your charges and the punishments they may carry. Discuss your case with your lawyer only, and ask questions. Take part in your defense BEFORE entering a court room.Unless you are wealthy you will be propositioned to trade that innocence for quick resolution to avoid a financial boondoggle. For guilty people plea court could be beneficial. For innocent people of modest means this can become a nightmare. And guess what? Nobody cares.I have been a successful fool! I'm currently reprising my role as “The Fool”. DO NOT BE A FOOL!…and if you are guilty???? Hold yourself accountable, take personal responsibility, and be a god damn man.
Someone used my name while being arrested. What can I do?
So I find out that an old friend of mine has used my name while being arrested. Now police are trying to say that I have an alias of his name with his extensive criminal record. After speaking with the police department that made the initial arrest, they told me that nothing could be done and I would have to get a card or something that states the name mix-up. Thats the most bull I have ever heard. There has to be some type of legal action I can take against them for being so incompetent to let someone use someone elses clear name with no ID to prove it, and I know there has to be a way for this to get cleared up. This is all in Michigan if that matters.
What should I do when Indian police tries to arrest me under a false pretext?
Well, first thing would be that Do not resist arrest. Don't become violent, don't hurl abuses at them, or threaten in any manner ... all these are valid reasons to arrest somebody. Hence, even if they didn't have a reason earlier, now they do.And please don't give even an hint that you are a flight risk, because then they not only have a reasonable suspicion to arrest you, they then have a right to hurl you on floor, and tie you up (including handcuffs), and parade you around your neighbours like you are a prized trophy they have earned. Hence, appear dignified, and respectable, like somebody whom they have to reason to arrest, not fight and overpower to arrest.1. Demand a Warrant, or a probable cause: You can only be arrested for two reasons: Either they have caught you 'red-handed' doing a crime (like stealing from someone), or if they have a warrant. If it is first, try showing that what you are doing was not a crime, or that maybe someone else did it. If it is second, either he would have a warrant, or he wouldn't. If he doesn't have the warrant, try arguing that you cannot be arrested without one.2. Ask them to read your rights: Even though it is a general understanding that most cops are too uneducated and stupid to even read a letter of Indian Constitution, they are well trained and well-versed in all of IPC and CrPC. Hence, if you ask your rights in a calm and dignified manner, he'll realise that you are not an ignorant idiot whom he can treat like a personal toerag, and at this point, you may also point out flaws in his arresting procedure. All this can intimidate even a seasoned policeman, because people in India are usually unaware of their rights under the CrPC and the Constitution, and nobody knows them, much less ask for them. That can drive away any illegal attempt to arrest you.3. Criminal Prosecution later (or threat of the same): But as much as we know the Law, and the Constitution, Police brutality, illegal detention and torture are such common things here that newspapers have stopped writing news reports about them, and people have accepted them as one of those 'Chalta hai' things which go unnoticed and uncompensated. So, your best weapon is Yourself, don't let the rascals walk away. If you have suffered police brutality, illegal detentions, and your human and fundamental rights have been taken away from you by the states, file a criminal case against the erring official, and sue the state for compensations.
Is Police Misconduct really "common?"?
Using a website provided by our own "Prussian Blue," I found the following statistics: In the first quarter of 2010, There were about 1100 total reports of misconduct (of EVERY variety) by law enforcement officers in the USA. If we figure that rate holds steady for the year, that is 4400 (give or take) reports of misconduct for the year. Now, some of those reports will be found to be false (innocent until proven guilty works for the cops, too), but let's assume that EVERY ONE OF THEM is true. There are about 800,000 Law Enforcement Officers in the United States. That breaks down to 0.58% of all Law Enforcement Officers being reported for a corrupt act this year. (If we assume that there is no officer reported more than once.) That means that 99.42 of police officers are not reported for a corrupt act. Even if we say that only 1/10 acts of corruption get reported (the actual number is much much lower than that, for sure...) we still have 94.2% of officers not being corrupt... IN WHAT WAY IS THAT 'COMMON?' (I would love to have this discussion with you in more depth, Prussian, but you do not allow email.)