Madras HC warns against Police overreach in cases involving disobedience of public servant's orders

Meera Emmanuel September 22 2018

The Madras High Court was recently constrained to reiterate that the police cannot register cases for disobedience of a public servant's orders under Section 188 of the Indian Penal Code (IPC) without the prior written complaint of a public servant as per Section 195 of the Code of Criminal Procedure (CrPC).

Given several recorded instances of police overreach in this regard, Justice N Anand Venkatesh also issued guidelines to be adhered to before a case can be registered under Section 188 of the IPC . . .

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