The Madras High Court issues guidelines for police investigations in order to limit the ‘harassment’ of people in criminal cases.

KEYWORDS: Madras High Court, Police Harassment, Justice Sathi Kumar Sukumara Kurup, section 482 CrPC Section 160 CrPC, Section 41-A CrPC

The Madras High Court recently issued guidelines for police investigations to protect individuals from intentional police harassment of those in custody.

While hearing a criminal original petition under section 482 of the CrPC, Justice Sathi Kumar Sukumara Kurup stated that while the court would not normally interfere with police operations, it could not turn a blind eye to the injustice done to people as a result of their harassment.

He also indicated that multiple complaints of police harassment have lately been filed in court and that this issue cannot be ignored any longer. The court recognized that the term ‘harassment’ is fairly broad, and various petitioners and police officers may interpret it differently.

The court has issued the following guidelines:

• Police officer to serve written summons to a person named in a complaint under Section 160 CrPC, and a witness to an incident complained of under Section 41-A CrPC, specifying a particular date and time for appearing before him for such an inquiry/investigation.
• The minutes of the inquiry are to be recorded by the police officer in the Station Diary/Daily Diary/General Diary of the Police Station.
• The police to abstain from harassing the persons called for inquiry/investigation. The police do not summon the petitioner for investigation at odd hours.
• The petitioner is to cooperate with the police investigation.
• Guidelines for preliminary inquiry or registration of FIR stipulated in Lalita Kumari v. Govt. of U.P., (2014)[1] to be followed strictly.[2]

 Written by- Satyanshu Sharma, College name- Rajiv Gandhi National University of Law, Patiala, Semester- 2^nd, An intern under Legal Vidhiya

[1] INDIAN KANOON, https://indiankanoon.org/doc/59058631/ (last visited on 3^rd June, 2023).

[2] SCCONLINE, https://www.scconline.com/blog/post/2023/06/02/madras-high-court-issues-guidelines-against-police-harassment-during-investigation-legal-news/ (last visited on 3^rd June, 2023).

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