Threat to Govt. employee when arrested under CRPC 107/151

[ANONYMUS]

Namaste Sir,

Facts:-
I’m a Govt. employee and my police verification is yet to be done. Me and my brother were attacked by 6 of my relatives (4 Male and 2 Females) by entering into our plot and we were hurt badly. I even video recorded them wherein they could be seen abusing us and throwing brick at us.
I got many a blunt injuries whereas my brother got blunt injuries and some stitches just above his right eye.
My father made a complaint along with MLC to the concerned police station the same day.
Now the police people were hands in gloves with the accused and put hell lot of pressure on me so that we take our complaint back. But when I didn’t bow down then ultimately in order to harass us and save them somehow (or to bring us at par with the accused) they made a Kalandara and booked both the parties under CRPC 107/151 (2 Females and one boy were booked under CRPC 107/150).

They further detained people from both the parties (who were detained under CRPC 107/151) one night in lock up and we all were released on bail the next day by DCP. We’re further directed to appear before DCP for next 6 months.

The charges levelled against us are UTTER BASELESS and FALSE (Would not be wrong to say that Police people at lower level are corrupt as hell).

Question : –
1.) How does above stated incident is likely to affect my Govt. job and my brother’s future who is also appearing for various Govt. job?

2.) What I’m supposed to put in the Police verification form on being asked:-
– If I have ever been arrested or not? – YES or NO
– If I have ever been convicted or not? – YES or NO

3.) Has the complaint filed by my father (which attracts provisions of IPC) been disposed of (in view of booking both the parties under CrPc 107/151) or it is still alive?

4.) What preventive steps me and my brother are supposed to adopt so that we can’t be implicated in false case again in future since my relatives (in collusion with Police people) are after my govt. job?

5.) Accused are now roaming around beating their chest that nothing could be done against them. Will it be advisable to stand against them if I choose to challenge/oppose the biased and wrongdoing perpetrated by police people in collusion with accused against us since staying idle and being victim of this wrongdoing coupled with the stigma of being detained in police custody for a night for no reason pains a lot. (Keeping in view Govt. job)

Thanks a ton in advance for your valuable feedback.

[Dr. Ashok Dhamija]

Firstly, please understand that arrest under Section 151 Cr.P.C. is not for having committed any offence, but for preventing the commission of a cognizable offence in the near future. So, it is only a preventive arrest.

Secondly, under Section 107 Cr.P.C., there is no power to arrest. It is for executing a bond for keeping peace in near future when the person concerned is likely to cause a breach of peace or disturb public tranquillity. So, this is also not for an specific offence already committed, but a sort of preventive action.

Generally speaking, action under Section 107 / 151 Cr.P.C. should not come in the way of getting a Government job, though it is ultimately for the authority concerned to take a decision based on facts of the case.

You have been arrested (under Section 151 Cr.P.C.), so put “yes”.

Since this is not a conviction for an offence, put “no” (presuming that there is no other offence against you).

You have to ask the police / court whether the complaint filed by your father is still alive or has been disposed of. I have no access to police records to tell this type of information to you.

Maintain good and cordial relations with your relatives. Otherwise, how can you stop any person from filing a complaint, and that too a false one?

If the police have not taken any concrete action on your complaint and if you have sufficient evidence, you can file a private complaint against your relatives for the offences committed by them. It is your call whether you should stand against them or compromise with them. You are the best judge of your facts. Of course, if you file complaints against them, they may also pay back in kind. So, try to find an amicable solution, if possible. But, ultimately it is your call.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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