• What behavior with police would lead to IPC 186

Description about what happened: 

We three (my Uncle and their relative one lady and myself) were going in the car on one small road around 10:30am. There was two wheeler parked partially blocking the road. My uncle called him ‘Hello’ (meaning pls stop your vehicle aside) and we were moving on. But he called us ‘areyi’ and came in front of us and stopped his vehicle and removed jacket. He was Sub Inspector of police. We told as your vehicle was parked blocking the road we said ‘hello’ we have some work we will leave, but he changed version and started scolding and said we called him ‘areyi’. We told him leave it but he didn’t listen. We had an argument. And he took us to police station and filed 70B (petty case ) and ipc 186 (obstructing public servant ) on me.

Two points: 
1. I told him 'you should do your duty by keeping the vehicle aside'.(when he said he was doing his duty)
2. When he was insisting us to take to PS I told ‘do whatever you want to’ will not come (But before that I offered him to give aadhar card for filing a case on me as he told he will book a case).

I have few questions on this:

1. Either above 1st or 2nd point would it amount to misbehaviour with police subsequently leading to filing petty case or ipc 186?
2. In general what is misbehaviour with police which can lead to filing case, any general example you can give.
3. Can he take us to police station forcefully when there is no fault of us. a) my uncle age is 67 and two time heart surgery patient. b) there is a lady with us in the car. Can he take lady to police station. c) In general can he take anyone to PS like that (me in this case, as we just had argument and also telling him leave it we will go)
4. What behaviour would amount to filing petty case ?
5. SI stopped our vehicle on the sub road which is very narrow, only two cars would fit it, it was office hour there was traffic jam for 5 -10 mins, he did not even ask us to park our vehicle aside and argued for 10 mins, when he created nuisance should 70B (petty case) be filed on him?
 
I went to court and pleaded guilty (as I didn't know I can contest, I got to know about it later).
Above information I am asking for knowledge/information purpose. I am not sure I can reopen the case or file new case on him for harassment?

Thanks
Asked 11 months ago in Criminal Law
Religion: Hindu

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9 Answers

No case under section 186 of IPC is made out .sub inspector vehicle was blocking the road and you merely requested him to park the vehicle on side 

 

2) The offence described under Section 186 IPC is a general offence and it will be committed if someone voluntarily obstructs any public servant in the discharge of his public duty

 

3) hurling abuses at sub inspector and challenging his authority would amount to offence under section 186 of IPC 

 

4) if you are simply walking down the road having committed no offence then the police cannot ask you to come with them without stating a solid reason and you are within your rights to refuse to go with them.

 

 

 

 

Ajay Sethi
Advocate, Mumbai
97442 Answers
7874 Consultations

1. These do not constitute any ingredients to book you, but since he is a policeman and ego hurt, he will implicate you in a false case as done by him now.

If you have to challenge the same you can do it only in court because he will not listen to your contention nor the request you may make to him to get released.

2.  He has charged you under section 186 IPC which reads : Whoever voluntarily obstructs any public servant in the discharge of his public functions, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

It is not a misbehavior case with police.

3. The police will understand one language only i.e., for having hurt his ego, so the police may go any extent to violate the law unless there is a pressure from his higher officer to release you all without taking any action, for that you have to an influential person. 

You cannot change the attitude of the police men with the general public, they will remain so because they are policemen, i.e., above law.

4. Without knowing what reason he has mentioned in his charge in the petty case he has involved you cannot opine about it.   Actually section 186 IPC gives the details for framing charges for misbehavior with police. 

5. You can take following action against the police if he is at wrong:

  1. Write down the complaint and send it to the Superintendent of Police. ...
  2. Take the help of a lawyer while going to the police station. ...
  3. Go to another police station nearby to file the FIR. ...
  4. Request someone else to file the FIR and give this person details of the offence.
  5. Approach the District/Judicial Magistrate directly to file a ‘private complaint’. 
  6. Approach other complaint forums, like the National/State Human Rights Commission.

Once you have admitted the charges/offence and were convicted you cannot reopen the case for any reason, ignorance of law cannot be claimed as an excuse. 

T Kalaiselvan
Advocate, Vellore
87639 Answers
2352 Consultations

1. As per law, the duty of a police official is to collect and communicate intelligence affecting the public peace, to prevent the commission of offences and public nuisances; to detect and bring offenders to justice

- The said comments mentioned by you not showing any ground for obstructing the police official in discharging of his duty , and further the said police has not right to close the street

2. Reply as No.1

3. He has no right to force your uncle and the lady to visit the police station , and hence your uncle being a senior citizen has his right to lodge a complaint against him before the SDM under the provision of Senior citizens Act.

4. Section 186: whoever voluntarily obstructs any public servant in the discharge of his public functions, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

5. You can file a complaint against him before the higher police official and even before the magistrate in the Court. 

Mohammed Shahzad
Advocate, Delhi
14746 Answers
224 Consultations

Dear Client,

Sec. 186 states that whoever voluntarily obstructs any public servant in the discharge of his public functions, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both. Accordingly using any Using offensive language, physical aggression, refusal to cooperate with lawful orders, or any actions that hinder the police in carrying out their duties could be considered misbehavior. But in your case Both points mentioned may not necessarily amount to misbehavior. Police officers generally have the authority to detain individuals for questioning if they believe a crime has been committed. However, the use of force should be proportionate, and individuals have the right to know the reasons for their detention. And Petty cases are usually filed for minor offenses. Any behavior that violates local laws or regulations, even if it's a minor offense, could lead to the filing of a petty case. In this case where the conduct of police officer is found inappropriate you can go to a Police Station to Complain Against a Police Officer and always take a lawyer with you. If there is a need to file a complaint against a Police Officer, over his misconduct, the victim should file it in the commissioner’s office in the city.

Anik Miu
Advocate, Bangalore
10358 Answers
121 Consultations

You should feel to be lucky that the police didn't file false traffic violation case or any other false criminal cases because they were provoked due to your attitudinal behavior with them.

Police always are under the opinion of boss of law,  hence when their ego is hurt they will go to any extent,  even at cost of breaking the law. 

The incidents what you described no doubt don't attract even petty offence. 

T Kalaiselvan
Advocate, Vellore
87639 Answers
2352 Consultations

You are trying to bribe a public servant by offering Ra 100 as bribe .you were obstructing public servant in performance of his duties .so they can file case against you under Section 12 of the Prevention of Corruption Act, 1988.

 

2) is compulsory for two-wheeler riders to wear safety helmets under Section 129 of the Motor Vehicles Act, 1988.

 

3)Riders without helmet will have to pay a fine of Rs 1,000. Their licence may be disqualified for three months.

 

4) mere asking police why you are hiding behind tree does not amount to obstructing police officer no offence under section 186 of IPC 

Ajay Sethi
Advocate, Mumbai
97442 Answers
7874 Consultations

1. Under Section 129 of the Motor Vehicles Act, riding a two-wheeler without a helmet a punishable offence

2. No legal , as the police has right to impose fine only and not a case is made out. 

3. No case made out 

Mohammed Shahzad
Advocate, Delhi
14746 Answers
224 Consultations

If he files any false case under 186 ipc you can contest 

Prashant Nayak
Advocate, Mumbai
32816 Answers
209 Consultations

Dear Client,

"Petty offence" refers to any offence that has a maximum fine of one thousand rupees. This definition excludes offences that fall under the purview of the Motor Vehicles Act, 1931, or any other legislation that permits the conviction of an accused individual when they are not present on a guilty plea.

Anik Miu
Advocate, Bangalore
10358 Answers
121 Consultations

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