30 March 2021 10:17 pm
Any person being detained or arrested by a policeman, only has the right to self-defence, if the person feels the policeman is using excessive force even though he was not resisting an arrest, police said.
Following the incident at Pannipitiya where a lorry driver was beaten up by a traffic policeman following an accident, many questioned as to what options they would have if they become a victim of police atrocity.
It also is important to consider the options available to civilians who are on the scene and witnessing the action by policemen.
When the Daily Mirror contacted Police Media Spokesman DIG Ajith Rohana, he said the police could use force if a person is wanted over a crime or other similar offences when he/she resists arrest.
Also, the police could use force if a person attempts to escape from the police grip or refuses to obey the policemen who are performing their duties.
According to the Penal Code Ordinance, section 89 to 99 states the right of private defence.
However, a civilian cannot act against a state officer under the sections of the private defence, a senior police officer said.
Accordingly, a civilian can only defend him or herself, if he/she feels that the behaviour of such policeman would cause death to him/her.
If a person attempts to defend him or herself or react in a manner that could obstruct the duty of a policeman, he could be charged for obstructing the policeman's duty.
The civilian could take action against the policeman through the Human Right Commission, or by filing an FR petition in the Supreme Court, or lodge a complaint with the senior officers or file a criminal case in the court.(Darshana Sanjeewa Balasuriya)