Protection of life and liberty

  • Protection of life and liberty

Section 482 of the Criminal Procedure Code is also used to file petition for protection of life and liberty by NRI. In most of these cases, the petitioners have an apprehension that their life and liberty is in danger and if the police authorities or some powerful individuals including their own families may cause loss of life or liberty. In such cases, concerned High Court may issue a direction to the senior Superintendent of police to provide protection to the petitioner by deciding his legal representation within a stipulated time period.

Example 1 – Police in India is thoroughly corrupt and there are rampant human rights violations. Sometimes those who have litigation against NRI take unlawful help of corrupt police officials to falsely implicate the NRI in criminal cases or to take illegal possession of property in India. In such cases, life of NRI may be in danger because the police itself helps that individual who has bribed the police. NRI aggrieved against illegal police action or who apprehends illegal police action can approach High Court for his protection and protection of life and liberty under section 482 of Criminal Procedure Code.

Example 2 – Love marriage is still a taboo in India. There have been several cases of honor killings in India. Honor killing is a phenomena where parents of either of husband or wife kill the couple because they have married with a partner of their own choice rather than opting for an arranged marriage. Most of these marriages are inter-caste marriages. In such marriages, generally one of the husband or wife is of different castes than the other because of which friends and relatives make ego issue and try to hurt the couple. There may be so many other reasons as to why the parents or relatives may not agree for marriages. NRI residing abroad, wishing to get married against wishes of family of bride or bridegroom definitely need such protection from High Court.

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