PRINCIPLES OF CRIMINAL LAW

CIA 1

RESEARCH PAPER

ANALYSIS ON POWER ABUSE AMONG POLICE OFFICERS

IN INDIA
ABSTRACT

The Indian Constitution's Article 21 guarantees physical liberty as a fundamental right that is
fundamentally important.It is the most prized right for any person, which is why the police
frequently abuse their ability to make arrests in order to extract money and precious property.
According to the Third Report of the National Police Commission, sixty percent of all arrests
were disproportionate and unjustified. The report also notes that 42% of jail expenses went
toward those who shouldn't have been detained in the first place.The main purpose of this paper
is to study laws which give the police power to arrest and its subsequent misuse.The research
paper is focused on literature studies taken from online collections of journals, websites, blogs,
newspapers, and news portals as secondary sources. The research paper gives space for more
analysis on brutal behavior of police officers and illelagility acts towards the people and the
paper also discusses several case laws. Considering the lack of previous research studies on the
topic and time constraints, the study has potential limits

Keywords

1,Constitution- a written instrument that captures the regulations of a governmental or social

organization.
2,Fundamental right- a collection of rights that the Supreme Court has deemed to be particularly
vulnerable to infringement by the government.
3,National Police Commission- NPC was appointed by the Indian government in 1977 with a
broad mandate covering the organization of the police, its role, responsibilities, accountability,
relations with the public, political intervention in its operations, abuse of authority, evaluation of
its performance, etc.
4,Article 21- No one's life or personal freedom may be taken away from them unless legal
procedure is followed.
CHAPTER 1
INTRODUCTION

Police brutality is a long-standing problem that extends back to when the police were first
established during the British era. Despite the political leaders' best efforts, India did not
experience a new era of peace following its independence in 1947. Police continued to use force
against protesters of the new government as riots broke out in the cities. To control the incident,
police employed tear gas. India's turbulent connection with excessive police force persisted over
the years. The then-prime minister Indira Gandhi, who was under political pressure from the
opposition parties' protest, established this era, which lasted for over two years. When protests
erupted in response to the decision, the police were on hand to put them down. Many of India's
laws, some of which date back to the 19th century British administration and condone or even
promote police aggression, according to critics, are the issue. Many regions' police manuals
permit officers to use force, such as batons and tear gas, to disperse crowds. Additionally, it is
acceptable for police to exploit admissions of guilt to start the process of recovering stolen
goods, which frequently counts as a conviction and promotes police torture in detention
facilities. Force is still used occasionally today. Whether it's to scatter demonstrators or to
penalize minor infractions.

REVIEW OF LITERATURE

1, Article on Police Brutality in Law Enforcement in India by Rithu, December 2, 2021

This article talks about misuse of power among police officers and it also gives insight on police
brutality towards the people. Police brutality is the misuse of authority, which can result in
property damage, physical or mental harm, verbal and physical abuse, and even death in some
situations. Since police brutality and violence are on the rise, law enforcement rarely suffers
punishment for their actions.

2, Article on the use and misuse of power of police to arrest by Randeepdahya, April 3, 2005
The article will examine legislation that grants police the authority to make arrests as well as
how that authority has been misused.It will also concentrate on determining whether or not
preventive laws ought to be in place. Lastly, it will look at the Supreme Court’s stance on this
matter with respect to its judgments. A Law Commission report on arrests will also be
mentioned.

3,Article on the abuse of police power and police brutality by Abhinav Ashok, JULY 18 2020
This article expalins about the misuse of power and also explained what is torture under the law.
This article mentions section 331 of IPC and cases of outrageous acts by the police officer and
also analysis on status of policing in India 2019.
CHAPTER 2
RESEARCH METHODOLOGY

Research questions :-
1, Is police violence towards people, children, or the underprivileged a major problem?
2, How is the severity of police brutality quantified?

Statement of Problem:-
The present study is an attempt to find out the police brutality towards the people and abuse of
police power and also malicious prosecutions by the police officers in special reference to India.
The study is entitled as Analysis on power abuse among police officers.

Scope of Study:-

The study is about the analysis on power abuse among police officers in India. The study focuses
on police brutality towards people and abuse of police power. The paper also mentions about the
psychological behavior of brutal behavior.The research paper is focused on literature studies
taken from online collections of journals, websites, blogs, newspapers, and news portals as
secondary sources. The method of study is quantitative study.
CHAPTER 3
DATA ANALYSIS

1
The police have no abilities to abuse the protection of residents and complete such strikes on
inns and so on under the affection that they had secret 'knowledge' about the presence of a few
baffling psychological oppressors or lawbreakers in the vicinity. This contention is plainly
invalid in light of the fact that, conveyed to its sensible end, it would imply that the police can
come up with a knowledge report and barge into anyone's home, office or lodging. Police
officers abusing their authority is a major issue that has to be addressed. Better training for police
personnel, more control of police agencies, and harsher punishments for cops who misuse their
authority are just a few of the potential remedies to this issue.

Better training for police officers is one way to combat the issue of power abuse by the officers.
This can entail imparting knowledge on them regarding the appropriate use of force, de-
escalation strategies, and civility. A different solution to this issue is to give police departments
more oversight. This might be accomplished by setting up civilian review committees or using
body cameras more frequently. Lastly, another option is to make power-related offences against
officials punishable by harsher sanctions. Longer prison terms, job loss, and the loss of a police
officer's certification could result from this.Power abuse by police personnel is a serious issue
that requires attention. Better training for police personnel, more control of police agencies, and
harsher punishments for cops who misuse their authority are just a few of the potential remedies
to this issue. By putting these recommendations into practise, we may contribute to a decrease in
the frequency of power abuse by police and increase community safety. Human Rights Watch
said in a study released today that the Indian government should take significant action to change
a policing system that promotes and even encourages abuses of human rights. The pledges made
by previous administrations to hold the police accountable for wrongdoing and to create
professional, rights-respecting police forces have languished unfulfilled for decades.In the book
"Dysfunction, Abuse and Impunity in the Indian Police," a number of police-inflicted human
rights abuses are described, including arbitrary detention and arrest, torture, and extrajudicial
killings. The research is based on conversations with academics and civil society activists,
interviews with more than 80 police personnel of various grades and 60 victims of police
brutality. It details the shortcomings of state police departments, including how they break the
law, lack adequate ethical and professional standards, are overworked and outgunned by criminal
groups, and are unable to meet rising demands and public expectations. 19 police stations in
Uttar Pradesh, Karnataka, Himachal Pradesh, and the national capital of Delhi were the sites of
field research.

1 Kharak singh v State of U.P, december 18, 962

Mohammed Shafi v State of M.P, March 2, 1992
Rudul Shah v. state of Bihar August 1, 1983
Brad Adams, Asia director at Human Rights Watch, stated, "India is fast modernising, yet the
police continue to deploy their old methods: abuse and threats." "The government needs to stop
talking about reform and start repairing the system."In Varanasi, a fruit vendor detailed how
police tortured him to coerce confessions to numerous unconnected fake charges:

The Supreme Court in its judgment on account of Kharak Singh (1962) had completely decided
that the alleged 'domiciliary visits' by the police to the places of even hoodlums for the sake of
'observation' are violative of Article 19 of the Constitution. The court struck down the concerned
guideline of the UP police that had accommodated domiciliary visits. Then, at that point, in
Mohammed Shafi (1993), it was held that, for the sake of reconnaissance, there ought not be any
actual appearance of police bringing on any disturbance or intrusion of the security of a resident
or going into the place of the subject. Regardless of whether there is secret picketing, it ought not
be utilized to offer any protection from guests - it ought to be utilized exclusively to keep a
watch and keep a record of the guests on the off chance that it could be essential.
With regards to provocation of the residents through vindictive indictment or embroiling in
misleading cases, the International Covenant on Civil and Political Rights 1966 (ICCPR), being
one of the vital worldwide records on unsuccessful labor of equity, gives, vide Article 14(6), that
in the event that the conviction of an individual is switched, the individual who has endured
discipline because of such conviction should be remunerated by regulation. Article 9(5)
accommodates remuneration for unlawful capture or detainment moreover. In any case, it was
for ideological groups to establish regulation towards this end. A large portion of the significant
majority rule governments like the UK, USA, Germany and Canada have previously made it
happen.

Despite the fact that India had sanctioned the ICCPR in 1979 itself, and we have decisions like
Rudul Sah (1983) and so forth, the Indian state has not ordered any regulation. The situation in
42 years has not changed disregarding states of various political belief systems having been in
power. This implies that with regards to the subject of force of the State, all gatherings have been
similarly awful.
The vulnerability of traditionally oppressed populations in India to police abuse is also
documented in "Broken System." They consist of the underprivileged, women, Dalits (also
known as "untouchables"), as well as sexual and religious minorities. Because of prejudice, the
victims' inability to pay bribes, their lack of social standing or political connections, or any of
these factors, police frequently choose not to look into crimes against them. Members of these
groups are also more likely to be the targets of arbitrary detention and torture, particularly when
authorities use it as retribution for suspected offences. State and municipal officials can often
meddle with police operations thanks to police legislation from the colonial era. They may give
police officers orders to cease investigations into known criminals and those with political ties,
as well as to harass or accuse political rivals. These actions undermine public trust.
A major Supreme Court decision ordered modification of the police laws in 2006. However, the
federal government and the majority of the state governments have largely or entirely failed to
comply with the court's ruling, indicating that officials have not yet realised how urgently
necessary comprehensive police reform is, including the requirement to hold police accountable
for violations of human rights. "A police force that believes it is above the law undermines
India's position as the largest democracy in the world," said Adams. It's a downward spiral. Out
of fear, Indians avoid making contact with the police. As a result, crimes go unreported and
unpunished, and the police are unable to enlist the public's help in preventing and solving crimes.

The book "Broken System" offers thorough suggestions for police reform based on research
done by government bodies, former Indian police, and Indian organisations. Major
recommendations include the following:In order to improve institutional acceptance of these
protections, mandate that police officers read suspects' rights upon arrest or any other form of
custody;
any evidence obtained by the police through the use of torture or other inhuman or humiliating
treatment when questioning a suspect should be excluded from court;
CHAPTER 4
CONCLUSION

The Supreme Court has recognised this abuse of authority, as well as the rise in preventable
arrests and fatalities in custody. To stop such misuse, it and The Law Commission have taken
action. In the cases of Joginder Kumar v. State of U.P. 6 and D.K. Basu v. State of Bengal 10,
the supreme court imposed rules that all police officers must adhere to when conducting arrests.
To sum up, arrest and preventative laws are essential for the proper operation of society, but
these laws need to be subject to more rigorous judicial review to ensure equitable usage.

Limitations of the study

The limitation of the work lies in the fact that there is a plurality of views in this regard and it is a
difficult proportion to choose between the various perspectives.

Time constraints limited the scale of the study. There were only limited resources which limited
the authenticity of the study

Lack of available and reliable data- Legal subjects are not fully pen to the public and reliable
data were less to do this work.

Bibliography

1,Article on Police Brutality in Law Enforcement in India by Rithu, December 2, 2021.

2, Article on the use and misuse of power of police to arrest by Randeepdahya, April 3, 2005.

3, Article on the abuse of police power and police brutality by Abhinav Ashok, JULY 18 2020
.