• Punyatoya Samanta

Remedies Against Insubstantial Cases Registered Against Students By The Police

Every student has a right to revolt for their rights and justice.

There is an entity that students have faced unreasonably violent and insight regarding such acts needs a showcase.



The news revolves around when a college or school decision on a change in the regulations or criteria, the students put a rally to alter or bring action against the person who declared such ordinance/ statement. University going Students forms unions or association to protest against the decisions and create a difference in maintaining a strategic life in high educational level and for upcoming events regarding their needs and commitments.

There is various specimen case of movements/voice by students against their college administrations. With the rapidly rising activism and gathering mass support over media, the Police have also simultaneously started taking actions against these demonstrators and leading demonstrations which creates chaos and perceptive to be followed by younger generations as well. These police officers tend and being ordered to curb it without making a commotion and disruption hampering the

society’s ethics and criteria having a barricade for the strong influencer to be unveiled of their secretive acts.


The phenomenon of students getting detention and seize from the usual prior rights being curtailing their participation in these movements. Vague arrest and certainly not up to any illegal breach of conduct, their police officers use their domination to arrest or proceed against students for sitting in parks with their partners, consume alcohol, breaches of any curfew or lockdown imposed in case of emergency, etc. Males get beaten up more by such when they are completely innocent or fall into the wrong trap.

Cases have been filled by the Police have registered criminal cases against students which impact in a denial about their forced measures or upright in their behavior still students’ careers and growth put an end and there is a ray of a new beginning is difficult to percept their ideologies to prove their innocence. The whole being gets affected and ends up losing up their connections with other people. They may be restrained from opting for various opportunities on account of a criminal record and poses a vulnerable act to their future understanding and commitments.

The difficulty arises when CRIMINAL RECORDS act as a hurdle in achieving a bring future for the students. Even if someone tries to keep up the pace with highly knowledgeable but gets excluded by the Institutions or Organisation of such an inadequate requisite for admission or working as an employee. Code of conduct decides the future of the whole young generations and foreign facilities denies if any kind of interim phase of criminal activity in years.

REMEDIES ARE THERE TO PROVIDE THE LEGAL ASSISTANCE TO STOP BEING AN ANARCHIST FOR THE SOCIETY

Looking at the case, State of West Bengal and ors. v. Nazrul Islam, the Supreme Court has held that a person accused of any offense or against whom criminal charges have been levied is not eligible for appointment to a government job unless an order of acquittal has been passed for the person.

Thus falsely implicated case by the Police against students wish to be in government service, need an acquittal order from the Court and then they can apply for it. It takes years to pass the resolution for such and students have to care while dealing with any Police officer in the future.

ILLUSTRATION OF STUDENTS' ARREST CASES BY POLICE

Over a decade there were stories of getting arrested of many students for participating in protests that have come to light and media has covered the entire scenario.

The news went on about the Commissioner registering a case for the offense of sedition against students in Bangalore. Riots and chaos during the enactment of NRC And citizenship act in Delhi University which was a massive creation of rallies all over the states and that was a difficult situation for whole Delhi to suppress the whole repercussion.

POLICE CLEARANCE CERTIFICATE

Having criminal cases registered against individuals acts as a hindrance in obtaining a police clearance certificate (PCC). PCC is an official clearance certificate that is issued to a person by the Police which nearly takes over every authorization and legally allows entry to all the Government access to the territory, VISA, etc. This certificate act as a necessary obligation to attain certain things when belonging to any community.

REMEDIES FOR STUDENTS LAWFULLY RELEVANT

1. REPEAL OF FIR

Under Section 482 of the Code of Criminal Procedure (CrPC), the High Court has an inherent power to pass such ordinances which are necessary to prevent the abuse of process of the Court or secure the ends of justice.

The Section does not list out any well-defined grounds for repeal of FIR but the Courts have evolved various considerations to be looked at in such situations. In Prashant Bharti v. NCT of Delhi, In RP Kapur v. the State of Punjab cases, things have been notified well about the sections procedural.

2. A WRIT PETITION UNDER ARTICLE 226

A falsely accused student can also invoke writ jurisdiction of the High Courts for quashing false complaints or FIRs. A criminal writ petition can be filed before the High Court praying for dismissing the criminal charges.

3. FILING A COMPLAINT UNDER THE INDIAN PENAL CODE

Lodging of a false FIR or criminal complaint is an offense under the Indian Penal Code (IPC). Both Sections 182 and 211 of IPC deal with filing a false report whereas Section 182 applies only to private persons for knowingly providing false information to a public servant, whereas Section 211 can be used to proceed against any person instituting false criminal proceedings against a person. Section 220 of IPC, states that any malicious act for personal confinement or shall be punishable with imprisonment which may extend up to seven years or fine or with both.

KNOW YOUR RIGHTS AND DUTIES, IT GIVES YOU A LEGITIMATE SUPPORT TO YOUR SYSTEM OF LIVING AND PROVING THE EFFICIENT CITIZEN OF THE TIME

CONCLUSION

Filing of unnecessary and false cases against innocent persons amounts to heinous injustice. It causes them to suffer mentally and physically leading to a drastic change in them. If students are unpredictably booked for exercising their rights or without any liability might be a primary factor of violence in the later part of the story.

the law must be provided to put end to crime and regulations of equity, equality, fraternity, and sovereignty. There must be a catch for everything and people should be aspiring for a better future but who knows a tragedy will be waiting for them to grab the opportunities away from them. Occasions are open for everyone and make it dreadful for the person to bear wrongfully is the act of shame to humanity and justice.

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