Sunday, April 30, 2017

শক্তিশালী কোন? পুলিচ নে অধিবক্তা…?? জানিবলৈ পঢ়ক

WHO IS MORE POWERFUL? THE POLICE OR THE LAWYERS?
 Anand Sharma | 30 Apr 2017

Who is Police Officer?

A police officer, also known as a policeman, policewoman, police agent, or a police employee is a warranted law employee of a police force. In the United States, the term "officer" is typically the formal name of the lowest police rank. In many other countries, "officer" is a generic term not specifying a particular rank, and the lowest rank is often "constable".

• A person who is officially authorised to implement the law

• A person who can ask you to produce any document as per CrPC Sec 91, although you may refuse. Please refer Section 91 in The Code Of Criminal Procedure, 1973

• A person who can arrest you even WITHOUT an arrest warrant but adhering to CrPC Sections 41, 42, 43 & 44. Please see “CONSULTATION PAPER ON LAW RELATING TO ARREST ” drafted by Law Commision of India.

• A person as long as officially active, can exercise his/her rights anytime inside police stations & even outside of it.

• The role of police ends when the final report is filled in the court saying investigation is complete unless asked by the court.

Who is Lawyer?

A lawyer is a person who practices law, as an advocate, barrister, attorney, counselor or solicitor or chartered legal executive. Working as a lawyer involves the practical application of abstract legal theories and knowledge to solve specific individualized problems, or to advance the interests of those who hire lawyers to perform legal services.

• A person whose role rather starts where the role of police ends that means when final report / charge sheet is submitted to the court, not literally though.

• A person whose only power is knowledge. So IPS, IAS, IIT are not the only tags for brainy people (no offense intende
d here).

• A person with a permission of BCI(Bar Council Of India) can practise or appear in court on behalf of or representing an accused or accuser.

• A person who can only request a permission from the Hon’ble court to ask his/her opponent to produce a document or something similar. The court has an authority to even refuse the request on valid grounds.

• A person who CANNOT arrest anyone(obvious thing).

• A person who can “turn the table” no matter what is the fact or reality.

• A person who can defend you in the court and get you out of the mess that you might have created.

• A person who hardly have any rights outside of court. **exceptions applies
I remember a dialogue from a movie “Lord Of the Rings” :)

Although lawyer is a powerful person who can save you from a trouble, attend the court on your behalf, consult you on what is good or bad but the fact is she/he has no explicit rights like Police does.

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