Police Brutality
This article tries to highlight police brutality, which is when the police use excessive force because police brutality seriously violates human rights. It can be said that society is impacted by the police’s harshness, cruelty, and ruthlessness towards helpless and vulnerable people. The state’s most powerful and in charge branch of government is the police.
They are employed to help those in need, settle disagreements and disputes, assist the weaker groups, offer security and recourse, and uphold law and order in the community, but officers abuse their authority. The history of Indian police will be discussed in this article, including how it first developed and its current structure.
Further articles describe an analysis of police behavior in which ways police misuse their power or which type of excessive or physical force is used by the policeman. The article also focuses on police brutality laws, controls, and police complaint procedures.
Introduction
The word police are derived from the Latin word “Politia”, which means state or administration. The Police Act, of 1861 defines the term police in section 1 as “police” includes all persons who shall be enrolled under the Act. The word brutality is derived from the French word “Brutal” which means severity, harshness, or fierceness.
It is the psychological or physical intimidation of innocent people through a variety of tactics, such as unlawful detention, torture, abuse, physical assault, etc.
The police’s roles and responsibilities include serving the community, reducing crime, upholding the rule of law, settling interpersonal issues, etc. When people disobey the law and order, the police may use excessive force to quell the violence, which is when police brutality happens.
Sometimes it is based on racial discrimination means discrimination against any person based on caste, creed, region, religion, sex, etc.
Police brutality can be mental, physical, verbal abuse racial profiling, and false imprisonment. There are so many nations with laws against police brutality.
Although it is considered a serious infraction, there are still many instances where citizens’ or victims’ complaints never even get to the point of an investigation.
Historical Background Of Police In India
The pre-19th-century background of the police in India will be covered in this essay. The notion of a separate regular police force did not exist throughout the British era, and the relevant period was immediately following the creation of the rule.
Warren Hastings initiated several laws for police reforms in 1774 during the Company’s authority, which subsequently culminated in the Police Act of 1861.
The execution of the recently constituted Sindi territory was given to Sir Charles Napier. To capture this dangerous and crime-ridden area, he reorganized the local police apparatus, ensuring that it would provide the required outcomes and operate as intended.
After independence, Sardar Vallabhbhai Patel, the first Union home minister, recognized the importance of civil services in India, and the Islington Commission Report first referred to it as the Indian Police Service in 1917.
Numerous acts were passed after independence, including the CRPF Act, of 1949, The Kerala Police Act, of 1960, and The Mysore Police Act, of 1963, etc, were promulgated.
In 1951 the All India Services Act was enacted constituting an All India Service known as the IAS and IPS.
Read Also Freedom Of Speech
Kinds Of Police Brutality
Illegal Detention
The term “illegal detention” describes constraints placed on a person by police officials acting within the scope of their legally recognized authority to administer the legal process but without any legally recognized justification, such as a valid arrest warrant, reasonable suspicion, or permission. It is also known as a false arrest or detention.
Racial Discrimination
Racial discrimination is when police officers treat poor people unfairly or illegally based on factors such as caste, creed, color, gender, sex, religion, age, region, etc. Police personnel reject complaints from people of lower castes.
Sexual Harassment
When police officers act improperly or abuse their authority by physically, verbally, or orally assaulting somebody, it is known as sexual harassment. It refers to any victim or prisoner being harassed illegally. For example, sexual assault during a late-night traffic stop, and coercive, rape by a corrections officer.
Wrongful search and seizure
In many common and civil law legal systems, wrongful search and seizure refers to the practice of police officers or other authorities and their agents searching a person’s property while under suspicion of committing a crime and seizing any evidence they find that is connected to the crime.
Only a few nations’ constitutions include clauses guaranteeing people’s freedom from “wrongful or unreasonable searches and seizures.” The main premise of this right is that everyone has a legitimate right to privacy.
Laws Related To Police Brutality
The organization is recognized by the constitution as a quasi-federal body that is specified in Article 246 and listed in the State List of the Seventh Schedule and it is outside the scope of the state’s particular government’s authority to enact laws governing the police in that state. But policing directives are entirely federal.
The Indian Police Act of 1861 governs the country’s police administration. This act has been passed by 28 Indian states and 8 union territories. After all, there are numerous contradictions or issues in the Indian police system.
There Are Mainly Three Types Of Laws Under Which A Case Can Be Filed Against Police Brutality
- Public Law
- Criminal Law
- Private Law
In this article, we will deal with two laws i.e., Public and Criminal law because most cases are filed under these two laws.
Public law
The Indian Constitution is where public law for police administration first appeared. In the third part of the constitution, which addresses violations of fundamental rights, the courts have consistently held the police force and the state accountable for excessive force under public law and assessed damages and punishment against both the state and police officers.
Criminal law
Under Sections 197 and 132 of the Criminal Procedure Code, police systems are liable to be protected from unjustified allegations. The Criminal Procedure Code, which was passed in 1973, provides procedural safeguards to police and government agents for criminal liability to stop vexatious or unpleasing litigation against police and government servants who perform the functions of civilians.
Case Laws
Rudal Shah vs. the State of Bihar[1]
This case is related to unlawful detention by police, The petitioner filed a habeas corpus writ under Article 32 of the Indian Constitution asking for release and remedy. The apex court held that the state government should pay compensation of rupees 30,000 for violating the fundamental rights guaranteed under Articles 21 and 22 of The Indian Constitution.
Saheli vs. Commissioner of Police[2]
This case is related to the death of a nine-year-old child due to excessive beating by an Indian police. The court permitted the Delhi Administration to take necessary action to pay compensation of rupees 75,000 to the mother of the deceased.
PUDR vs. Delhi Police Headquarters and Anr[3]
A worker was killed by a severe beating. In this case, the court mandated that the Delhi Administration pay a compensation of Rs. 50,000.
Nilabati Behara vs. the State of Orissa[4]
This case is related to custodial death, the petitioner filed a writ petition under Article 32 of the Indian Constitution, for his son who has died in police custody because of police brutality. The honorable court held that 1,50,000 rupees of monetary damages were provided to the Nilabati Behra.
A.V. Janaki Amma vs. UOI[5]
In this case, the honorable court held that if the violation of fundamental rights guaranteed under Article 21 of the Indian Constitution, the public official, police, and state are liable for compensation.
P.P. Unnikrishnan vs. Puttiyottil Alikutty[6]
This case is related to illegal custody, the victim is locked into jail without any case and tortured for at least 4 days by police
The Supreme Court held that the scope of Section 197(1) of CrPC is that “There must be a reasonable connection between the act and the discharge of official duty.
How To Complaint Against The Police Department Of India
When police officers join the force, they swear that they will first serve and protect the citizens of the entire society and community, aid the weaker members, and maintain law and order.
on occasion, police officers may use excessive or unnecessary force that results in brutality, for that the apex court has directed and conducted a Police Complaint Authority (PCA). This PCA keeps track of public complaints made against police officers.
The PCA is completely independent of the police and has the jurisdiction to investigate allegations from victims of police violence.
Documents required to complain under Police Complaint Authority (PCA)
- If the victim suffered any injuries as a result of police brutality, the complainant conducts a medical examination and attaches a medical report with the complaint.
- As evidence, add a picture of the injury that has been done to the victim.
- A victim may upload a copy of their complaint if they have already made one to higher-ups in the police department and obtained a response.
- Evidence of a daily note journal.
When the victim can file a complaint to the Police Complaint Authority (PCA)
- Custodial death
- Grabbed the house or property of the victim by a police officer.
- Illegal detention
- Torture or blackmailing by the police officers.
Complaint Process
A complaint is manually filed because the complaint process is offline. The following things are mentioned in the complaint against the police.
- Complaints name
- Complaints address
- Contact details
- In your complaint, be as specific as possible about your issues, their duration, and the pain they have caused you.
- Name of the police officer who did the brutality.
- Mention the witness’s name, if anyone.
Conclusion
The three external police accountability procedures discussed in this article are the judiciary, the police complaints authority, and the national and state human rights commissions.
REFERENCES
The Police Act, 1861
https://www.legalserviceindia.com
[1] 1983 AIR 1086, SCR (3)
[2]1990 AIR 513, SCR 488
[3] 1990 ACJ 192, (1989) 4 SCC 730
[4] 1993 AIR 1960 SCR (2)
[5] 2004 (1) ALD 19
[6] 1999 CriLJ 4261
Written By:-
Farwa Rizvi