Monday, August 8, 2011
If police proceeds under Section 39 of CJA 1988, based on a false allegation; then what defence I can have?
On a verbal complain of ault, Police arrests the alleged accused, takes down statement of both sides & then slaps a charge under section 39 of Criminal Justice Act, 1988 without any substantial evidence against the accused and then forces him to accept a written warning as a condition to let him off; which he accepts under duress. In such a scenario what action should be taken by the alleged accused to restore his reputation and take the complainant to task for making such false allegations.
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