I am from Tamil Nadu and I did my graduation in Chennai. I applied for my passport a few days ago and went through the process of police verification. During this process, the local police officer informed me that I was accused under section 41 in Chennai 2 years ago and they showed me the details of the complaint. This complaint contained my name, my father's name, and my age. But I am not the accused - someone must have misused my details. How can I get rid of this false complaint? Will this affect my career during any background verification or police clearance if required?
From India, Chennai
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From India, Chennai
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I presume you are referring to sec 41 CRPC. Then it is serious enough to create problems not only for a mere passport but one can get arrested without a warrant. Get the matter investigated in toto after taking legal advice on the nature of the accusation. You claim to be innocent so there should be no fear in asking for details of the alleged offense 2 years ago and then providing proof that you are not involved in any way. The earlier you take action to get your name out of police records, the better.
From India, Pune
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3180From India, Pune
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Thank you, sir, but actually, that document contains my name along with my father's name and my age. The address found on it seems to be unknown. Will this cause any problems? I prefer not to involve or deal with the police as I don't like such situations.
From India, Chennai
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From India, Chennai
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If your name was included by mistake or intentionally, or for whatever reason, the need to get your name cleared or deleted is clear. You need to give full details. What was your father's involvement, if any? Please understand, no one wants to get involved with police matters, but the fact is your name is there for something under sec 41 CRPC. So take advice from a criminal lawyer and act.
From India, Pune
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From India, Pune
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thank you sir....will proceed forward as per your instructions...
From India, Chennai
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From India, Chennai
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It is advice based on what you wrote. A lawyer dealing with criminal matters, with whom exhaustive discussion can be done about the whole case, is needed. Please proceed based on the advice of a lawyer who is informed about all matters pertaining to the dispute. Like your father's name was there with PS, etc.
From India, Pune
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From India, Pune
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Mr. Nathrao has given a detailed explanation. Without further delay, you need to know what the actual case is and who the complainant is. To ensure your future safety, it is better to seek the help of a good criminal lawyer to dismiss the case or clear your name from the complaint. This can only be achieved through a court order.
From India, Mumbai
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From India, Mumbai
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In my understanding, it cannot be Section 41 of the Criminal Procedure Code (CrPC). CrPC is a procedural law; its provisions do not define any offense. And it certainly cannot be Section 41; it provides for arrest:
41. When police may arrest without warrant. - (1) Any police officer may, without an order from a Magistrate and without a warrant, arrest any person- (a) who has been concerned in any cognizable offense, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been so concerned; or (b) who has in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of house-breaking; or (c) who has been proclaimed as an offender either under this Code or by order of the State Government; or (d) in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offense with reference to such a thing; or (e) who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody; or (f) who is reasonably suspected of being a deserter from any of the Armed Forces of the Union; or (g) who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of India which, if committed in India, would have been punishable as an offense, and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India; or (h) who, being a released convict, commits a breach of any rule made under subsection (5) of section 356; or (I) for whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisition specifies the person to be arrested and the offense or other cause for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition. (2) Any officer in charge of a police station may, in like manner, arrest or cause to be arrested any person, belonging to one or more of the categories of persons specified in section 109 or section 110.
It cannot be Section 41 of the Indian Penal Code (IPC) as this is just a definition clause: 41. "Special law" A "special law" is a law applicable to a particular subject. As such, it is important that you ascertain the facts relating to as well the nature of the alleged offense against you. If an FIR has been lodged, obtain its copy. All this information could be obtained under the Right to Information Act (RTI). It could be that the policeman is just bluffing.
From India, Kochi
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41. When police may arrest without warrant. - (1) Any police officer may, without an order from a Magistrate and without a warrant, arrest any person- (a) who has been concerned in any cognizable offense, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been so concerned; or (b) who has in his possession without lawful excuse, the burden of proving which excuse shall lie on such person, any implement of house-breaking; or (c) who has been proclaimed as an offender either under this Code or by order of the State Government; or (d) in whose possession anything is found which may reasonably be suspected to be stolen property and who may reasonably be suspected of having committed an offense with reference to such a thing; or (e) who obstructs a police officer while in the execution of his duty, or who has escaped, or attempts to escape, from lawful custody; or (f) who is reasonably suspected of being a deserter from any of the Armed Forces of the Union; or (g) who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of India which, if committed in India, would have been punishable as an offense, and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in India; or (h) who, being a released convict, commits a breach of any rule made under subsection (5) of section 356; or (I) for whose arrest any requisition, whether written or oral, has been received from another police officer, provided that the requisition specifies the person to be arrested and the offense or other cause for which the arrest is to be made and it appears therefrom that the person might lawfully be arrested without a warrant by the officer who issued the requisition. (2) Any officer in charge of a police station may, in like manner, arrest or cause to be arrested any person, belonging to one or more of the categories of persons specified in section 109 or section 110.
It cannot be Section 41 of the Indian Penal Code (IPC) as this is just a definition clause: 41. "Special law" A "special law" is a law applicable to a particular subject. As such, it is important that you ascertain the facts relating to as well the nature of the alleged offense against you. If an FIR has been lodged, obtain its copy. All this information could be obtained under the Right to Information Act (RTI). It could be that the policeman is just bluffing.
From India, Kochi
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