i am a bit confused here.
I been reading papers/cases about how people get beaten up, but
when they called the police, the police won't arrest but would
advise the injured to make a magistrate's report and get those
people summoned to court.
In the meantime, the injured got to leave with the
pain/shame.
Can someone advise how can the injured or threatened get legal
help? or simply, the police is useless in such cases??
The cases that you read on papers are classified as Voluntarily
Causing Hurt under section 323 of the Penal code Chapter 224. The
illustration is defined under section 321.
This is a non-seizeable case. As such for most non-seizeable
cases, the complainant will have to make a magistrate's complaint
to set the case into motion. The police would have already
conducted preliminary investigations on scene by gathering the
facts and particulars of both parties. However if the complainant
wishes to pursue the matter it is up to them to make the complaint
to the magistrate to set the case into motion and there after the
magistrate will either direct the police to investigate into the
case further or will make judgement if he or she deems the evidence
is sufficient.
I hope you can understand that not all offences will result in
the accused getting arrested on the spot. For eg. people do not get
arrested for littering or jaywalking.
