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Old 30th January 2014, 18:07   #31
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Default Re: Post Accident - Police, Person and Law

Hello,
Sad to hear this incident. But a definite "Eye-opener" for people like us who are so passionate about driving. This "other aspect" should also be kept in mind everytime we drive and this surely cannot be ignored. Thanks for sharing this experience. Happy motoring.

Regards,
Sanket

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Old 30th January 2014, 19:36   #32
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Originally Posted by Puneet.S View Post
I think you have misread the post. Where does @apachelongbow mention this as a tactic to be used against the Police (he advises this to be used against 'the other party' involved in an accident)? Besides, do you really think police would register an FIR against their own personnel just because one alleges?
No harm in registering an FIR using women harassment issues if the 'other party' or the police, either try to implicate you in false cases. If you feel so ethically against it, please don't do it, however such tactics are needed to fight the corrupt system and those who purposefully abuse it to gain illegal benefits.
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Old 30th January 2014, 20:31   #33
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Originally Posted by apachelongbow View Post
No harm in registering an FIR using women harassment issues if the 'other party' or the police, either try to implicate you in false cases. If you feel so ethically against it, please don't do it, however such tactics are needed to fight the corrupt system and those who purposefully abuse it to gain illegal benefits.
True, each to its own - but to abuse such a sensitive law is not warranted in such situations IMHO. The OP has clearly demonstrared how to go about tackling such a situation effectively without resorting to any desperate measures.

In fact, the most common justifications given in case of a hit and run are - a. To escape mob fury, b. To wear off the proof of DUI, c. To try if one get away without any consequence d. Under panic. Are these reasons justifiable - certainly not. Two wrongs don't make a right.
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Old 30th January 2014, 22:14   #34
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Default Re: Post Accident - Police, Person and Law

Can we video record policemen in India? Is it legal?
What if the policeman objects to it?
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Old 31st January 2014, 00:58   #35
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Hi dipak and others


Thanks for sharing your incidents. Truly an eye opener

It shows in what pathetic state our country is in where people protecting the law leave no opportunity to make money and come in gangs to demand for it

Hats off to dipak for keeping a cool head and being strong as any weak hearted law abiding citizen would have paid right away for his peace and family's safety

This all Inspite the fault was of opposite party

Moral is to be strong and be aware of your rights else you will be eaten up in no time
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Old 31st January 2014, 07:03   #36
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Default Re: Post Accident - Police, Person and Law

You plead guilty in a criminal court; are you considered to have a criminal record now? Can it cause any troubles in renewing passport, getting visas (most of the times they ask for criminal convictions details in the forms), or availing government services? Would it show up in background verification done by employers?


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Originally Posted by dipak1406 View Post
Paid Lawyer Rs. 9000 -
went to the courtroom
someone called my name
Went and stood in the square box - judge asked guilty and I said YES
Judge - fine of Rs. 2500
CASE CLOSED
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Old 31st January 2014, 11:03   #37
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Default Re: Post Accident - Police, Person and Law

Dear Infotech58

This is a valid point and I have discussed this with my lawyer and the HR of my company.

As per them this incident will not affect my Standing in the Society. My passport will be renewed without any incident.

The lawyer said if this was such a serious crime then my License would have been revoked which did not happen

So no issues

Also the case was registered in a police station which is long way from my Residence and my residence comes in Jurisdiction of other 2 police stations where the passport renewal application is likely to surface.

Perhaps I may be incorrect wherein would appreciate guidance from the Experts on this forum

Thanks Deepak
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Old 31st January 2014, 11:38   #38
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Default Re: Post Accident - Police, Person and Law

Quote:
Originally Posted by Puneet.S View Post
True, each to its own - but to abuse such a sensitive law is not warranted in such situations IMHO. The OP has clearly demonstrared how to go about tackling such a situation effectively without resorting to any desperate measures.
There is a reason why common salaried man is always a soft target for police and crooks.
The common man never abuses the law for his purpose.


What stops this police-walla from doing similar thing next time, perhaps deliberately now, after knowing that he will always be on the winning side (satisfying to ego) and also earn cool bucks.


Unfortunately our govt services (police included) doesn't believe in termination for breach in "code of conduct" - otherwise such incidents would never happen.
Also we have something called the Police Complaint Authority (http://pca.delhigovt.nic.in) which is essence a toothless organization led by a retired judge!

Quote:
In fact, the most common justifications given in case of a hit and run are - a. To escape mob fury, b. To wear off the proof of DUI, c. To try if one get away without any consequence d. Under panic. Are these reasons justifiable - certainly not. Two wrongs don't make a right.
And that is the reason why our Archer advised to not run away after a hit.
It makes the case against you stronger.

Last edited by alpha1 : 31st January 2014 at 11:45.
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Old 31st January 2014, 13:27   #39
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A really informative thread.

I need some real advice here. Two weeks back I was driving on a very crowded street of Gurgaon in bumper to bumper traffic. It was a very foggy morning and roads were slippery. I must be driving at a speed of about 20kmph and suddenly the guy driving a swift in front of me decides to brake hard. For some stupid reason I was looking at my rear view mirror at that time as a huge truck was following me. By the time I see through my windscreen again it is late. I still apply my brakes hard but the left hand side of my front bumper hits the right hand side of his rear bumper. We both get out of our respective cars and find out that his rear bumper is dented at the point of impact. No other damage to his car either on tail light or anything else. He tries to abuse in local language (Haryanvi) and tells me he is a localite. I reply back in local language in a firm but polite manner that I am a localite too. He calms down a bit. We decide for an on the spot cash settlement where I withdraw money form the ATM near by and pay him 4000 rupees. We exchange our contact numbers too. After reading this thread I realize the mistake that I have already made

After paying him I go straight to the mechanic and get the minor damage to my bumper repaired. He charges me 500 rupees. Just out of curiosity I call up this guy later and ask him about the actual repairing cost as he said that he will be heading straight for the repair. He actually says that he is ready to refund back my money and we should setup a meeting so that he can refund the money to me. I said I don't mind him cutting the actual repairing cost from 4000/- and return back the rest.

I never heard back from him till now and he stopped taking my calls too. Although I am not at all worried about the money but after reading this thread I am scared if he send me a Court Notification somewhere down the line. Things I can think of right now if I face the worst:-

1. Get call records form my mobile service provider to establish the date of accident. I have already asked for that actually after reading this thread.
2. Get the details of ATM withdrawal location, date and time form the bank
3. ATM details will match with the location and date of accident and the date we called each other on our mobiles for the first time.
4. At least some proof that a monetary transaction had happened at the time of accident.

Though I sincerely hope he never files a case.
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Old 31st January 2014, 14:56   #40
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Default Re: Post Accident - Police, Person and Law

Quote:
Originally Posted by apachelongbow View Post
If you are driving and you have a lady with you, please ensure than in your FIR file, verbal/physical harassment against the lady, by the opposite party, no matter if that happened or not.
You have the best intentions when you said this but I feel that we shouldn't misuse this sensitive law. We already know of so many men/families suffering because of women (not all, please don't bash me up for this) misusing laws that are specifically put in place for them. It will be off topic to quote all such instances and laws here in this post but I am sure you know what I am talking about.
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Old 31st January 2014, 15:47   #41
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Originally Posted by nobetterID View Post
Can we video record policemen in India? Is it legal?
What if the policeman objects to it?
Yeah, this is a question even I am seeking an answer to. Abroad, police have dash cams and bike cams which records whenever they question or interact with any person. Ironically, in India, it is people like us who have to record when police interact with us.
I have not come across any law or regulation where you cannot record a policeman. Question is whether it can be used in legal proceedings?
I was also thinking that whenever a traffic cop stops me and asks for license, I should record the conversation in my cellphone. Hopefully that will make the policeman behave courteously.
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Old 31st January 2014, 16:51   #42
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Default Re: Post Accident - Police, Person and Law

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Originally Posted by nobetterID View Post
Can we video record policemen in India? Is it legal?
What if the policeman objects to it?
Not sure if it is legal or not , but if you want to record better do it discreetly. If the policeman comes to know that you are recording then his true colours will never be shown . he may even behave violently and damage your camera.
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Old 31st January 2014, 17:17   #43
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Default Re: Post Accident - Police, Person and Law

Dear Colleagues
Some posts expressing concern if the opposite party will file police complaint.

With my 1st hand experience and observations made at P.Station, one thing is certain that for Mr. P will not register complaints for petty issues like denting of cars etc. easily unless you have higher contacts

Also the experience of the other party will be as horrendous as you and both of you will have to chuck some $$$

Unless one really offends the opposite party they will not resort to complaint.

My case it was a Cop who needed to claim benefits from our tax kitty.

Just wanted to share the worst case scenario that's all.

One more observation is that it is always better to be polite to the cops no matter what + speak as little as possible ( when you are stressed one tends to blurt and they take advantage ) Just smile and that should get you through

rgds Deepak
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Old 1st February 2014, 09:34   #44
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Quote:
Originally Posted by naveenroy View Post
You have the best intentions when you said this but I feel that we shouldn't misuse this sensitive law. We already know of so many men/families suffering because of women (not all, please don't bash me up for this) misusing laws that are specifically put in place for them. It will be off topic to quote all such instances and laws here in this post but I am sure you know what I am talking about.
Quote:
Originally Posted by nobetterID View Post
Can we video record policemen in India? Is it legal?
What if the policeman objects to it?
Quote:
Originally Posted by Puneet.S View Post
True, each to its own - but to abuse such a sensitive law is not warranted in such situations IMHO. The OP has clearly demonstrared how to go about tackling such a situation effectively without resorting to any desperate measures.

In fact, the most common justifications given in case of a hit and run are - a. To escape mob fury, b. To wear off the proof of DUI, c. To try if one get away without any consequence d. Under panic. Are these reasons justifiable - certainly not. Two wrongs don't make a right.
All things justified, my sole objective is to make people aware that if the police or the goons play dirty, we have things up our sleeve to play dirty too. Sorry but the laws can be bent both ways. I for one have zero sympathy for a corrupt cop who gets shafted on a women harassment case, as per me he deserves this and much more.

And police are now above law, they cannot tell you not to video tape them, especially if they are trying to take law in their own hands. If he tries to get abusive, even better, he is digging his own grave on camera. If he tries to snatch the camera from your hands or physically assaults you, please go ahead and kick the guts out of him, it is self defense.
What OP has done is bribe his way close to 10k rupees (under the name of legal fees), if you wish to bribe one way or the other, why not bribe the police itself?
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Old 1st February 2014, 17:42   #45
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Very interesting read!

After going through everyone's experience, there is no doubt that the people are so corrupt nowadays that nobody cares for any truth or whatsoever.

1. One thing is certain and sure, we all must educate ourselves on your rights and the laws protecting those rights. Some gentleman right mentioned that such education is important and one cannot call themselves educated albeit degrees from well known institutions.

2. We nowadays have media who help people in distress in collcting the "actual" story and expose certain people and systems (for example, Bangalore Mirror). Its a win win situation for them as well as for the common tax paying citizens. They get TRP, we get our self heard & helped by concerned authorities.

3. Dashboard cameras look like a must for all Cities here. It should be admissible to the court as evidence. I will be surprised if it is not taken seriously. There is no way to prove ourselves. We go to xourt, Judge asks "Are you guilty?" We are forced to say "Yes" due to missing evidence, and of course the well known court cases running for months and years.

Nevertheless I feel sad seeing the current state. Money mongers leave no stone unturned in making money. Authorities leave no stone unturned in making sure that they use every possible IPC, threats to subdue common men.

Duh! Am I the only one who feels that we need an autocratic ruler (with a good intention of course.* Conditions Apply!!!) to break and remake things? LOL

Last edited by nkishore_007 : 1st February 2014 at 17:43. Reason: Wrong reference of a media source.
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