On the night of 19/08/2025, two brothers were involved in a physical altercation while under the influence of alcohol. The younger brother was reportedly the aggressor, engaging in abusive behavior and physical fighting, while the elder brother was solely defending himself. Subsequently, the younger brother contacted the police and requested the arrest of the elder brother.
As per Indian law, particularly under the Criminal Procedure Code (CrPC), police have the authority to arrest without a warrant only if a cognizable offence—such as grievous hurt, serious assault, or significant public disturbance—has occurred. In cases of minor physical altercations or verbal abuse within the private confines of a household, the incident generally constitutes a non-cognizable offence, for which police cannot arrest without a magistrate’s order. Proper investigation and verification of facts must precede any arrest, and the rights of both parties should be safeguarded at all times. Arbitrary or unjustified arrest in such circumstances is contrary to established legal procedures and official guidelines.
The police arrived at the street and called for the elder brother to be arrested. When the mother and wife saw the police coming to the house to arrest him, they started arguing with the officers, saying that the elder brother had done nothing wrong and was only defending himself. They also said he had not even called the police. They questioned why he was being arrested if he was innocent. However, the police insisted on taking both brothers to the police station.
After some time, I also reached the station to help. I calmly requested the officers, explaining that both brothers were innocent—they had been drinking that day and had a family quarrel, which led to this unfortunate incident. Otherwise, both are good people. The police told me that they would have to be jailed. Around midnight, the police agreed to release them but on the condition that a payment of INR 7,000 was made; otherwise, they would not be released.
I asked the elder brother if he could arrange INR 7,000 cash to pay the police, but he refused. Later, at around 1:00 AM, I returned home without the brothers. Then, around 4:00 AM, a relative of the brothers went to the police station and paid INR 7,000 cash to the police, after which the brothers were released.
police station - Ranholla Thana, New Delhi.
Officer Name - Mr. Ravi and Mr Harinder
Question.1 Did the police act fairly towards the those family and me ?
Question.2 what should be the best solution for them and socially ?
Thought :- If things continue on this path, the public may lose faith, and society could become harsh and unforgiving, lacking love and mercy.