NATIONAL LAW INSTITUTE UNIVERSITY,

BHOPAL

Police Power Abuse in

the Criminal Justice
System in India
Human Rights and Criminal Justice

Devesh Mohan
2019 LLM 60

10/11/2019

RESEARCH PROJECT
 National Law Institute University,
Bhopal

A Project Submitted on

POLICE POWER ABUSE IN THE CRIMINAL

JUSTICE SYSTEM IN INDIA

(In compliance to partial fulfilment of the marking scheme for

Trimester 2 of 2019-20 in the subject of

Human Rights and Criminal Justice.)

Submitted To - Prof. Divya Salim

Submitted By -
Dеvеsh Mohan (2019 LLM 60)
Specialization- Human Rights and Criminal Law

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 Index

Acknowledgement....................................................................................................................4

Abbreviations............................................................................................................................5

List of Cases and Statutes........................................................................................................6

Chapter I- Introduction......................................................................................................7-12
1.1 Historical Development........................................................................................................7
1.2 Statement of Problem...........................................................................................................9
1.3 Literature Review.................................................................................................................9
1.4 Hypothesis..........................................................................................................................11
1.5 Research Questions............................................................................................................11
1.6 Research Objectives...........................................................................................................11
1.7 Chapterization....................................................................................................................12

Chapter II- Violation of Rights by the Police.................................................................13-19

2.1 Non Registration of FIR.....................................................................................................13
2.2 Misuse of Power of Arrest.................................................................................................14
2.3 Custodial Violence.............................................................................................................15
2.4 Custodial Rape and Sexual Harassment............................................................................16
2.5 Custodial Death..................................................................................................................18

Chapter III- Legal Accountability of the Police.............................................................20-26

3.1 Laws ensuring compulsory registration of FIRs................................................................20
3.2 Protection against illegal arrest..........................................................................................21
3.3 Protection against Custodial Torture and Death.................................................................23
3.4 Protection against Custodial Rape......................................................................................25

Chapter V- Conclusion and Recommendations.............................................................27-30

5.1 Conclusion..........................................................................................................................27
5.2 Suggestions.........................................................................................................................28

Bibliography......................................................................................................................31-33

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 Acknowledgement

For the successful completion of my research project, I would like to express the deepest
appreciation to my professor, Prof. Divya Salim, who provided their valuable input and
always pointed me towards the right direction of research. Without their guidance and
persistent help this research project would not be completed.

I would also like to thank the Dean for LLM, National Law Institute University, Prof. (Dr).
Rajiv Kumar Khare, as well as the University providing me with the opportunity and the
requisite sources to work upon this research project.

Last, but not the least, I would like to thank Mr. S.S. Kushwah, who helped me procure my
plagiarism report, the Administrative staff and the library staff for their constant help and
support, in providing for the required books and materials from time to time.

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 Abbreviations

 &- and
 Anr.- Another
 CrPC- Code of Criminal Justice
 DGP- Director General of Police
 FIR- First Information Report
 ICCPR- International Covenant on Civil and Political Rights
 IPC- Indian Penal Code
 Ors.- Others
 PUDR- People's Union for Democratic Rights
 Rs.- Rupees
 UNCAT- United Nations Convention against Torture
 v.- versus

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 List of Cases and Statutes

List of Cases

 AK Gopalan v. State of Madras AIR 1950 SC 27

 Boyo Nallabothula Venkateswarlu and Ors. v. The Circle Inspector of Police,
Nandikotur PS and Ors. 2010 (3) U.P.L.J 19 (HC)
 Chambers v. Florida 309 US 227 (1940)
 DK Basu v. State of West Bengal, (1997) 1 SCC 416
 Francis Coralie Mullin v. Union Territory of Delhi AIR 1981 SC 746
 Joginder Kumar v. State of U.P., 1994 AIR 1349, 1994 SCC (4) 260
 Lalita Kumari v. Govt. of U.P. and Orissa, (2014) 2 SCC 1
 Majumdar v. State of Bihar AIR 1980 SC 847
 Mohan Lal Sharma v. State of Uttar Pradesh (1989) 2 SCC 314
 Nandini Satpathy v. P.L. Dani (1987) 1 SCC 269
 PUDR v. Police Commissioner and Anr. 1989 (4) SCC 730
 Saheli Women's Resources Centre v. Commissioner of Police, Delhi Police
Headquarters (1990) I SCC 422
 Sheela Barse v. State if Maharashtra (1983) Cr.LJ 642
 Shobhram v. State of MP AIR 1966 SC 1910
 State of Andhra Pradesh v. Venugopal and Ors. (1964) 1 Cri. L.J. 16 (SC)
 State of Uttar Pradesh v. Ram Sagar Yadav and Ors. AIR 1985 SC 416
 Sunil Batra v. Delhi Administration (1978) 4 SCC 409
 Tukaram and Anr. v. State of Maharashtra (1979) 2 SCC 143
 Vimal Kishore v. State of UP AIR 1956 All 56

List of Statutes

 Code of Criminal Procedure, 1973

 Constitution of India, 1950
 Indian Evidence Act, 1872
 Indian Penal Code, 1860
 The Police Act, 1861

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 Chapter I - Introduction

1.1 Historical Development

Police is that department of the government that is empowered by the state to maintain public
order, promote public safety and detect crimes.1 These functions have to be carried out with
the legitimized use of force.

The presence of such a body, entrusted with maintenance of peace, can be seen throughout
history. In ancient Rome, the function of keeping the street safe and also to deter rimes by
patrols was entrusted upon prefectures. Similarly, sheriffs and reeves were responsible for
day patrol and night watch in Britain. In ancient India, 'chaurodhikaras' of Gupta Era were
effective in controlling dacoits and robbers, ensuring safety on trade routes. The 'Reddy
cheiftains' of the ancient Vijayanagara Empire were charged with collection of tax and
maintenance of law and order through patrol and policing.2

Primary contribution towards establishment of the Modern Police System goes to the London
Metropolitan Police, set up by Lord Peele in 1829. He developed the previous system of use
of military for ensuring protection to a civil police force thereby ensuring thee the citizens are
not constantly threatened. This system is now applied worldwide.3

Having said that, these powers entrusted upon the police has been misused by applying state
control over genuine social upheavals and maintaining dominance of the ruling class. This
can be seen with the use of Indian Police by the British during the colonial era, with the
primary responsibility of subverting the nationalist agenda.

Presently, the Indian Police System provides for a separate police force for each State and
Unions Territory, as provided for under the State List. Hence, the rules and regulations
followed as contained in the Police Manual of each state. This police force is headed by the
Director General of Police or DGP in each state. The DGP is directly responsible to the state
government for the administrative functions entrusted upon him. The Indian Police System
follows a vertical hierarchical structure consisting of senior officers consisting of inspectors,
sub-inspectors and assistant sub-inspectors who generally work at the police station level and

1
The Black’s Law Dictionary, (8th Edition, 1999).
2
Kirpal Dhillon “Police and Politics in India: Colonial Concepts, Democratic Compulsions” (Manohar, 2002)
3
David H. Bayley , The Police and Political Develpoment In India (New Jersey: Princeton University Press,
1969) p.15.

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the police constabulary who perform duties such as patrolling, surveillance, guard duties and
other duties in pursuance of maintenance of law and order. The Police Constabulary accounts
for about 88% of the entire strength.4 In India, the Police Act, 1861 is the most important
legislation governing police, in addition to other statutes such the Indian Penal Code, the
Code of Criminal Procedure and the Indian Evidence Act covering various important aspects.
The 1861Act was a direct result of the 1857 mutiny, which helped the colonial rulers to exert
force upon their subjects in order to perpetuate their rule over the citizens of this country.
But the Police system as established by the British is still followed today with minor changes
from time to time. Even the new legislations enacted by the States have remained roughly on
the same lines as the 1861 act, with the presence of political control over the Police.5 Till
date, it follows a militaristic design and uses suppressive practices to cater the individual
interests of those in power over the demands of rule of law and public interest.

Thus we see, that the Police, which is the primary law enforcement agency is the front-line
segment of the criminal justice system. This system includes agencies, institutions and
processes established by the government in order to curb crime. Its major components
includes the police, public prosecutor, defence counsel, the Judge, Prisons, probation and
parole.6 This system tend to maintain a fine balance between preserving peace and security in
society on one hand and ensuring that the human dignity of the victim as well as the accused
is not violated, on the other.7 Thus this system not only controls and prevents crimes and
punish criminals but also ensures that pre-trial procedure of arrest, inquiry and investigation
and post -trail conviction is done after duly observing the human rights that the accused
possesses. Hence we see that the role of Police in observing fairness of procedure is
paramount. Having said that there have been allegations of police violence and brutality in
the form of custodial torture, rape and threat. These complaints have been received from
different parts of the country whereby the Police if often perceived to take law into their own
hands and trample upon the human rights of the suspects, accused, under trials and convicts.8
Apart from this several other violations such as non-observance of basic rights guaranteed to

4
J. C. Madan, Indian Police (New Delhi: Uppal Publishing House, 1980) p.27.
5
K.S. Dhillon, Defenders of the Establishment, Indian Institute of Advanced Study, Shimla, 1998, p 150
6
Mehrajuddin (1980), Criminal Justice System: Crime, Police and Correction, The Academy Law Review. Vol.
IV Nos. 1&2
7
P.N. Bhagwati, “Human Rights in Criminal Justice System” in Noorjahan Bava, ed, Human Rights and
Criminal Justice Administration in India, Uppal Publishing House New Delhi,2000, p11.
8
Shankar Sen, “Human Rights in Criminal Justice System”, in Vijay K. Gupta, ed,. Perspective on Human
Rights, Vikas Publishing House Pvt. Ltd., New Delhi, 1996, p.221.

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the accused under the Constitution of India and several other national and state legislations
are often being violated by the Police.

1.2 Statement of Problem

Though Rule of Law provides for the government and its agencies to perform their functions
with due regard to the limits provided under law, the Police in India often resort to draconian
measures while performing their functions with no regard to the Constitution and other
Legislations.

1.3 Literature Review

 Police Abuse in Contemporary Democracies by Michelle D. Bonner et al9

This book offers a much-needed analysis of police abuse and its implications for the authors'
understanding of democracy. Sometimes referred to as police violence or police repression,
police abuse occurs in all democracies. It is not an exception or a stage of democratization. It
is, this volume argues, a structural and conceptual dimension of extant democracies. The
book draws the readers' to how including the study of, the book explores cases from France,
the US, India, Argentina, Chile, South Africa, Brazil, and Canada. The book reveals how
integrating police abuse can contribute to a more robust study of democracy and government
in general.

 Beatings, Beacons, and Big Men: Police policing into the readers' analysis,
strengthens the understanding of democracy, including the persistence of hybrid
democracy and the decline of democracy. To this end, the book examines three key
dimensions of democracy: citizenship, accountability, and socioeconomic
(in)equality. Drawing from political theory, comparative politics, and political
economyDisempowerment and Delegitimation in India by Beatrice Jauregui10

It is a true that police in India generally lack legitimate authority and public trust. This lack is
widely understood by scholars, policy analysts, and police practitioners as being rooted in the
institution's colonial development as a means of oppression, and its alleged corruption and
criminalization in the postcolonial period. This book analyzes this issue in the Indian setup.

9
D. Bonner, M., Seri, G., Kubal, M. and Kempa, M. (2018). Police Abuse in Contemporary Democracies.
Switzerland: Palgrave Macmillan, pp.1-30.
10
Jauregui, B. (2013). Beatings, Beacons, and Big Men: Police Disempowerment and Delegitimation in
India. Law & Social Inquiry, 38(3), 643-669. doi:10.1111/lsi.12030

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The social facts of situational hyper-empowerment and the widespread decadence of police
do much to explain their poor image and performance, but these explanations do not account
for the fact that police in India are also structurally disempowered by cultural-political and
legal-institutional claims to multiple and conflicting forms of authority that challenge and
often overwhelm the authority of police. This structural disempowerment and its
performances in everyday interactions between the police and the public constitute an
ongoing social process of delegitimation of police authority in contemporary India as has
been argued for by the author. Following ethnographic analysis of this process of
delegitimation, the author explores the implications of focusing on police disempowerment
for theorizations of the sources and capabilities of state legal authority more generally.

 The Indian Police: A Critical Evaluation by Dr. Arvind Verma11

This book seeks to analyze the design of police institutions in India, assess its management,
understand the challenges faced by them and thereafter suggest reformative methods for
improvement. The author bases his arguments upon a carefully studies the historically rooted
comparative organizational analysis derived from various works of police scholars, analysis
of the official data and the author's own observations. He makes an attempt to highlight the
structural problems associated with police such as corruption, misuse and abuse of force in
terms of initial design features and prevalent organizational practices. The challenges are
assessed in terms of the police ability to deal with the criminological and law-order
maintenance problems confronting this nation. Finally, an attempt is made to suggest possible
avenues of reform for the police institution. The author also analyzes the Police Act of 1861,
which, he says, was designed to cater to the interests of the British. He suggests how this act
was used to keep the people suppressed and confront threats to the hegemony of the British
rulers.

 Police Corruption in India by Dr. Ravikanth Babu Lamani, G.S.

Venumadhava12
Police as a Law enforcing agency is an important institution of that social control which
existed in some form or the other in all society in all ages. Police is an integral part of the
present day society. A society in the present set up cannot live and progress without an
effective, sincere and honest police force. The Indian police have its roots in the ancient

11
Verma, A. (2005), " The Indian Police: A Critical Evaluation, Regency Publications, New Delhi.
12
Lamani, Ravikanth (et al). (2013), "Police Corruption in India", International Journal of Criminology &
Sociological Theory, Vol. 6 No. 4.

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period and the present day police are the outcome of an evolutionary process. The bad things
which it has inherited from the old system include corruption among policemen today.
Corruption exists in one form or the other in the police system. Corruption has infected every
sphere of modern life. It has vitiated the moral values of the society and the police force
cannot be an exception. In fact, corruption of police is not a new phenomenon, but the irony
is that the issue has seldom been seized by the organization with a sense of seriousness. In
this paper an attempt has been made to discuss the various aspects of police corruption in
India. The author has tried to discuss the various factors responsible for police corruption and
suggest some remedies to control the corruption among policemen. The main objective of the
paper is to discuss the extent, causes and remedies of police corruption and explain the extent
of distrust that create against police due to corruption. The basis of the discussion is from
secondary sources like police commission reports, books, magazines, news paper, and other
sources.

1.4 Hypothesis

Laws in India are inefficient in preventing Police Power Abuse due to the lack of proper
enforcement mechanism.

1.5 Research Questions

This Research Project aims to answer the following questions-

 What rights are often violated by the Police in discharging their duties?
 Which section of the society is more vulnerable to these violations?
 What are the existing legislative and other remedies available in India in order to curb
such abuse of power by the Police?

1.6 Research Objectives

This Research Project aims to achieve the following objectives-

 To understand the various forms of violation of human rights as well as other rights
done by the Police in India in discharge of their duties.
 To critically analyze the existing remedies available for preventing such violations.
 To recommend changes which may be observed to curb this problem to a large extent.

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 1.7 Chapterization

 Chapter I - Introduction
 Chapter II - Violation of Rights by the Police
 Chapter III - Legal Accountability of Police
 Chapter IV - Conclusion and Suggestions

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 Chapter II - Violation of Rights by the Police

2.1 Non Registration of FIR

As the name suggests, an FIR is the earliest information given to the Police based upon which
the relevant law is put into motion. Needless to say, the failure of proper registration of this
information stifles with the investigation process.13 Thus the registration of FIR is of
immense importance. Having said that, there is a tendency amongst the police administration
to not record various cases during their tenure so as to show a reduction in criminal activity in
a particular area. This is done to show the efficacy of the government and the police
administration.14 This practice is often encouraged by the Magistrate who is often reluctant to
ensure lodging of FIRs by exercising his power under Section 156(3) of CrPC15.

In 2008, the Supreme Court further observed- "In spite of law laid down by this Court, the
concerned police authorities do not register FIRs unless some direction is given by the Chief
Judicial Magistrate or the High Court or this Court. Further experience shows that even
after orders are passed by the concerned courts for registration of the case, the police does
not take the necessary steps and when matters are brought to the notice of the Inspecting
Judges of the High Court during the course of inspection of Courts and Superintendents of
Police are taken to task, then only [are] FIRs are registered."16

The major reason for non-registration of FIRs has been the political pressure upon the police
officials by the party in power as observed by the Senior Police personnel. 17 Moreover, the
Junior Police personnel have admitted that registration of more than the prescribed number of
FIRs has resulted in suspension and reprimand.18 This problem has been explained by Former
Inspector General of Police, S.R. Darapuri, "After the Mayawati government came into

13
B.R Sharma, “Firearms in Criminal Investigation & Trial”, (New Delhi, Universal law publication
house,2011)
14
ibid
15
Section 156, Code of Criminal Procedure, 1973- Police officer’s power to investigate cognizable case -
(3) Any Magistrate empowered under section 190 may order such an investigation as above-mentioned.
16
Lalita Kumari v. Govt. of U.P. and Orissa, (2014) 2 SCC 1
17
See S.K. Chaturvedi, “Good Governance: Police and Human Rights” in Public Governance and
Decentralisation, eds. Sweta Mishra et. al (New Delhi: Mittal Publications, 2003), p. 358.
18
ibid

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power, the number of FIRs dropped because she did not want to show an increase in crime.
This strategy plays havoc with the common man, but it is good for politics."19

Another reason for non registration of FIRs is to circumvent their obligation to conduct
investigation. Once an FIR is filed, the police cannot exercise its discretion and decline
investigations (except if it is accompanied by a report explaining reasons to do so) hence they
exercise their discretion by not filing them at all.20

2.2 Misuse of Power of Arrest

Section 41 of CrPC awards wide powers to the Police to arrest a person without an order of
the Magistrate or an arrest warrant.21 This power in the hands of Police has often seen to
result in grave repercussions upon the human rights as it provides for an ample scope of
misuse and highhandedness.22 This is a gross violation and major source of corruption at the
hands of the police which often goes unchecked due to the lack of checks imposed on them.
The Law Commission of India, in its 177th Report further emphasised upon this issue, "a
vast, sometimes absolute and on some other occasions, an unguided and arbitrary power of
arrest upon police officers.”23

Apart from this, several studies have shown the rampant abuse of this power of arrest by
arresting suspects without sufficient evidence and detention without due process.24

The Supreme Court has made an attempt to put a check on these powers by observing that
such arrests can only be made based upon investigation, where there "reasonable belief" in
"the person's complicity and "the need to effect arrest.25 Moreover, several procedural
obligations have been posed upon the Police by the Constitution before making arrests, such

19
Human Rights Watch interview with S.R. Darapuri, former Inspector General of Uttar Pradesh Police,
Lucknow, January 10, 2009. See also Aditi Phadnis, “Mayawati's caste gambit,” Business Standard, August, 25,
2008, http://world.rediff.com/news/article/www/news/2008/aug/25guest.htm (accessed on 1/11/2019)
20
Human Rights Watch interview with Dr. U.N.B. Rao, consultant for Delhi police, Delhi, December 3, 2008.
21
Section 41, Code of Criminal Procedure, 1973
22
Sanskar, "Use and Abuse of the Power of Arrest", The Tribune (Editorial), New Delhi, February 7, 2010, pg
12.
23
Law Commission of India, “177th Report on Law Relating to Arrest,” D.O. No. 6(3)(63)/99-L.C.(LS),
December 2001, http://lawcommissionofindia.nic.in/reports/177rptp1.pdf (accessed 1/11/2019), p. 24.
24
National Project on Preventing Torture in India (NPPTI), “Annual Report on Torture 2007,” undated,
http://www.pwtn.org/preventing_torture.asp (accessed on 1/11/2019); NPPTI, “Annual Report on Torture
2008,” undated, http://www.pwtn.org/preventing_torture.asp (accessed on 1/11/2019).
25
Joginder Kumar v. State of U.P., 1994 AIR 1349, 1994 SCC (4) 260

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as providing information regarding the grounds of arrest and the right to bail to the accused,
and producing the arrested person before the nearest magistrate within 24 hours.26

In the case of DK Basu v. State of West Bengal, the Supreme Court established mandatory
procedures which need to be followed at the time of arrest and detention such as
documentation of details of arrest such as time and place of arrest attested by a witness and
counter signed by the arrested person in a diary entry and memo, supply of information of
arrest along with relevant documents to the area magistrate, adherence to the rights of the
arrested person to inform a friend or relative of his arrest and a right to legal consultation
during interrogation.27

Having said that, regardless of these guidelines there have been cases of illegal arrest,
whereby the abovementioned guidelines were not followed. In the case of Boyo Nallabothula
Venkateswarlu and Ors. v. The Circle Inspector of Police, Nandikotur PS and Ors., the
appellants were deliberately implicated with a charge of murder upon a false allegation.
Moreover they were tortured by the police during interrogation process for 32 days.
Moreover, the appellants had lost their livelihood as they had to sell their sheep and other
cattle in order to raise money for litigation. Thus the Andhra Pradesh High Court ordered the
State to pay Rs. 1000/- per day for the 32 days during which the appellants were kept in
custody and an additional Rs. 9000/- towards expenses incurred by them.28

2.3 Custodial Violence

Violence or Torture refers to the act or series of acts of 'cruelty' or 'atrocity' deliberately
inflicted upon a person so as to cause physical and mental pain in order to punish, gather
information or forcibly make someone confess something. Such violence when administered
in police custody or prison refers to custodial violence. Various acts such as emotional or
physical violence, abusing, thrashing or beating are often used by the police for the
abovementioned purposes.29 These Acts of violence not only violates the inherent dignity, as
guaranteed to every person by the Constitution, but also humiliates him/her to a sub human
level.30

26
Article 22, The Constitution of India, 1950
27
(1997) 1 SCC 416
28
2010 (3) U.P.L.J 19 (HC)
29
Krishan Kumar N, Ph.D., Cochin University of Science and Technology, Human Rights Violations in Police
Custody.
30
ibid

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Such violence is often seen to be inflicted upon suspects who are mercilessly beaten up with
rifle butts, lathis and whips. They're also kicked, stamped, punched, slapped and subjected to
electric shock and application of chilli powder on their private parts. Such violence is used so
as to create terror in the minds of the suspect with the aim of getting confessions or providing
information.31

As observed by the Supreme Court, in the case of Mantoo Majumdar v. State of Bihar, the
court held that putting a man behind bars and forgetting about his personhood, or depriving
him of his liberty for an arbitrary duration without a just, fair and reasonable procedure
shakes the faith in rule of law and violates the mandate of Part III of the Constitution.32 Apart
from the physical effect of such torture, the Supreme Court has also emphasised upon the
mental or psychological effect that such torture has upon the victims. The Supreme Court, in
the case of Nandini Satpathy v. P.L. Dani, held that not only physical torture, but also
psychological torture, environmental coercion, atmospheric pressure and tiring methods of
interrogation are a violation of law.33 Similarly in the case of Sunil Batra v. Delhi
Administration, such inhumane treatment of torture and violence offends human dignity. The
Supreme Court in this case also imposes a liability upon the prison administration if the
prisoner breaks down due to mental torture, psychic pressure or such other techniques used
by them.34

At times, these cases see media outrage and garner public attention resulting in silent protests,
candle march or mob attacks upon public property or police stations through which the
general public showcases its anger and discontent. But despite such public awareness and the
laws on this subject, violence in police custody continued to remain a rampant problem.35

2.4 Custodial Rape and Sexual Harassment

This problem of custodial rape is prevalent amongst the women and girl prisoners in custody
who are at the risk of abuse by the police, especially at the hands of the male police officers.
Moreover, cases of custodial rape is prevalent not only amongst the prisoners or undertrials
but also amongst the family members of the arrested persons and women/ girls who visit the

31
Chambers v. Florida, 309 US 227 (1940).
32
AIR 1980 SC 847
33
(1987) 1 SCC 269
34
(1978) 4 SCC 409
35
S.P.Srivastava, Human Rights and the Administration of Criminal Justice in India (1993) p.73; V.V Devasia
and Leelamma Devasia, Human Rights and Victimology (1998) pp. 6-7.

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police station to file FIRs.36 Rape under such circumstances is a much more serious violation
of law as the aggressor takes advantage of his position of control over the woman/ girl, may
not have a chance to escape such violation, thus the punishment awarded in such cases is
higher as compared to other cases of rape.37

This issue was highlighted post the judgment delivered by the Supreme Court in the case of
Tukaram and Anr. v. State of Maharashtra, whereby Mathura, a young orphan was brought to
the police station after her brother complained that her lover, Ashok had kidnapped her. After
sorting out the matter, the family members of Mathura and Ashok were asked to leave but
Mathura was asked to stay back by Ganpat who raped her despite resistance from her.
Thereafter Tukaram fondled with her body parts but was too intoxicated to rape her.
Thereafter, she related this incident to her family, after which on medical examination, her
hymen was found to be broken but there were no injuries on the body. The Sessions Judge
acquitted the accused and observed that this was a case of consensual sex and not rape. The
court further observed that she was "habitual to sex" and thus invited Ganpat. On appeal, the
Bombay High Court reversed this judgment and distinguished between passive submission
and consent. The court held that Ganpat and Tukaram were in a position of power and
dominance over Mathura and any refusal to sex would have a detrimental effect. Thus it is a
clear case of passive submission. Finally on appeal, the Supreme Court agreed with the
Sessions Court Judge and held that absence of injury resulted in consensual sex as there was
"no resistance" from her part and "she did not raise alarm". 38

This case stirred up great passion and resentment amongst the public as this judgment was
heavily criticized for years to follow. It also resulted in the Criminal Amendment Act, 1983
which added Section 114 (A) to the Indian Evidence Act, the court shall presume absence of
consent unless proven otherwise in certain cases.39

Though this problem has reduced considerably, but the problem still persists, especially in
small pockets in villages and towns whereby the woman/ girl in custody is unable to escape
from such excesses and violations and are often forced to remain quiet due to the social
stigma attached to this crime.

36
National Campaign on Dalit Human Rights, “Dalit Women Speak Out: Violence Against Dalit Women in
India,” pp. 9-10.
37
Section 376 (2), Indian Penal Code, 1860
38
(1979) 2 SCC 143
39
Section 114A, Indian Evidence Act, 1872

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 2.5 Custodial Death

The worst form of Police excess can be seen in the form of Custodial Death of a person in
custody. This problem has also been observed by international bodies such as Amnesty
International and Asia Watch who have commented upon the presence of Custodial Death in
India. Having said that, many of these cases go unreported or unpunished.

In State of Andhra Pradesh v. Venugopal and Ors. the Supreme Court reversed the decision
of acquittal of 3 police officers by the Andhra Pradesh High Court and held sentenced them
to 5 years of rigorous imprisonment. The apex court further observed, "...a barbarous method
of dealing with the persons suspected of a crime as was committed by these respondents in
this case. It is necessary that deterrence sentence should be inflicted for such an offense when
established."40

Similarly, in State of Uttar Pradesh v. Ram Sagar Yadav and Ors., Brij Lal, who was accused
of trespassing was beaten to death on refusal to pay bribe to the Superintendent of Police.
The Supreme Court in this case reversed the acquittal and reinstated the judgment delivered
by the Sessions Court Judge who provided for conviction of the Police personnel under
Section 304 of IPC.41

In late, 20th Century, the courts developed the jurisprudence of ensuring justice by providing
for compensation to the dependants of victims of custodial death.42 In PUDR v. Police
Commissioner and Anr., a labourer was taken to police station for doing some work and was
mercilessly beaten up on demand for his wages, thereby succumbing to his injuries.
Thereafter a case was filed by PUDR and the State was made liable to pay Rs. 75,000 as
compensation to the family of the deceased.43 Similarly, in the case of Saheli Women's
Resources Centre v. Commissioner of Police, Delhi Police Headquarters, the State was made
liable to pay compensation to the mother of deceased who died due to police beatings. The
principle applied in this case was that the state is responsible for the acts of its employees.44

Thus, we see that such 3rd Degree torture techniques resulting in death are a serious violation
of basic human rights as guaranteed by the Constitution. Such barbaric treatment is
considered far worse than other cases of causing death, as the police is in a position to
40
(1964) 1 Cri. L.J. 16 (SC)
41
AIR 1985 SC 416
42
Human Rights in India — The Updated Amnesty International Report (1993), p.39.
43
1989 (4) SCC 730
44
(1990) I SCC 422

18 | P a g e
dominate the victim as he has no other option but to face the injustices. Moreover, such
torture not only offends the dignity of the individual, but also hardens him against the society
which may result in far worse crimes committed by him after release, in cases of death not
caused.45

45
National Commission on Law observance and enforcement, report on lawlessness in Law Enforcement
(1931), p. 5.

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 Chapter III - Legal Accountability of Police

Regardless of the abovementioned (and many more forms of) abuses, the Police is of absolute
importance in the Criminal Justice System, due to the varied functions performed by them
which is essential for maintenance of peace and order in society. Having said that, the abuses
prevalent are unacceptable and must be curtailed. Thus, provisions of several legislative
statutes have ensured that there is a legal check upon these practices.

3.1 Laws ensuring compulsory registration of FIRs

Section 154 of CrPC states that any information given to an officer in charge of the police
station regarding a cognizable offense, if given orally, shall be reduced to writing by him or
under his direction and shall be read over to the informant. Moreover, in both the cases, i.e.,
whether given in writing or reduced to writing as mentioned above shall be signed by the
informant and must be entered in the book maintained by the officer as prescribed by the
State Government. Clause (2) of this section provides for a copy of the information which
must be given to the informant free of cost.46 Supply of such copy has also been provided for
under Section 207 of the Code.47 In addition to this, Clause (3) of Section 154 provides for an
additional protection to the informant, who upon refusal by the officer in charge of the police
station to register his complaint/information may send this information in writing to the
Superintendent of Police concerned, who on being satisfied by the information may conduct
an investigation on his own or may require his subordinate to do so. Thus we see that this
Section provides for various safeguards to the informant to ensure that the information
provided to him is duly registered and a record of the same has been made in the book as
mentioned above, and in case of refusal to record the information, he may approach the
Superintendent of Police.

In the case of Lalita Kumari v. Government of Uttar Pradesh, the Supreme Court held that
the word "shall" used in Section 154 must be interpreted in such a way that the officer in
charge must compulsorily register the FIR without conducting any preliminary investigation
before recording the FIR. Moreover, the information has to be recorded despite being
unsatisfied with its credibility or reasonableness. The Supreme Court also provided for
certain guidelines that must be followed while registering an FIR-

46
Section 154, Code of Criminal Procedure, 1973
47
Section 207, Code of Criminal Procedure, 1973

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 i. Registration of FIR under Section 154 is mandatory and no preliminary investigation
shall be conducted.
ii. If the information does not disclose the presence of a cognizable offense but indicates
the necessity of an inquiry, the same can be conducted just to ascertain whether the
offense is cognizable or not.
iii. If the preliminary enquiry results in the closure of complaint, a copy of entry of such
closure shall be provided to the informant within a week.
iv. If a police officer fails to register the complaint in case of a cognizable offense, action
shall be taken against him.
v. Preliminary Inquiry shall not be conducted to verify the truthfulness of the
information received.
vi. Preliminary inquiry shall be made only in cases of matrimonial disputes, commercial
offenses, medical negligence cases, corruption cases or in cases with unreasonable
delay.
vii. Preliminary inquiry shall be time bound and must not exceed 7 days, in case of further
delay, reasons must be recorded in the General Diary entry.
viii. Any information regarding a cognizable offense, whether resulting in an enquiry or
direct registration of FIR, the same must be mandatorily reflected in the General
Diary/ Station Diary/ Daily Diary.48

Similarly, under Section 155 of the Code, any information received by the officer in charge
of the Police Station regarding a non-cognizable offense, shall be recorded in the book
maintained as prescribed by the State Government, but no further investigation may be
conducted without an order of the Magistrate.49

3.2 Protection against illegal arrest

Article 22(1) of the Constitution itself provides for valuable safeguards against illegal arrest,
whereby the person detailed or arrested shall be compulsorily informed of the grounds of his
arrest and shall be awarded the right to consult and seek defence from a legal practitioner.50
Hidayatullah, J., in the case of Shobhram v. State of MP held that, "Arrest is arrest, whatever
may be the reason for it and the first part of Article 22 (1) enjoins a duty on an arresting
person to tell the ground of arrest if made otherwise than under a warrant and if it is made

48
Supra Note 16
49
Section 155, Code of Criminal Procedure, 1973
50
Article 22(1), Constitution of India. 1950

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under a warrant, the warrant must itself inform the arrested person with grounds of arrest, so
as to enable him to look for the second enshrinement of the right to counsel".51 Thus we see,
that this Article majorly grants two basic rights to the person arrested or detained, namely-

i. The right to be informed of the grounds of his arrest/ detention, and

ii. Right to consult and be defended by a legal practitioner.

While Section 50 of CrPC imposes a liability upon the police officer arresting a person
without warrant to communicate full particulars of the offense for which he has been arrested
and inform the person arrested of his right to be released on bail, other than in case of a non-
bailable offense,52 Section 75 of the Code requires the police officer executing a warrant of
arrest to notify the arrested person of all the particulars of his offense and to show him the
warrant, if required.53

The importance of informing the arrested person of his grounds of arrest was observed by the
Supreme Court in Vimal Kishore's case, where the court held that informing the person of the
grounds of his arrest enables him to prepare his defense in time and enables him to file for
bail or a writ of habeas corpus, if need be.54

Section 41D of the Code provides for a right to the arrested person to meet an advocate of his
choice during interrogation.55 Though this right was inserted by the Amendment of 2008, its
importance was noted in the case of AK Gopalan v. State of Madras, where the Supreme
Court observed that not only is it sufficient to inform the arrested/ detained person of the
grounds of his arrest, but it is also importance to give him sufficient means to defend
himself.56

In addition to this, CrPC provides for certain additional rights to the arrested person such as
not subjecting the arrested to more restrain than necessary to prevent his escape, 57 imposing a
duty upon the person having custody of the accused to take reasonable care of his health and

51
AIR 1966 SC 1910
52
Section 50, Code of Criminal Procedure, 1973
53
Section 75, Code of Criminal Procedure, 1973
54
Vimal Kishore v. State of UP AIR 1956 All 56
55
Section 41, Code of Criminal Procedure, 1973
56
AIR 1950 SC 27
57
Section 49, Code of Criminal Procedure, 1973

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safety58 and imposing certain other obligations upon the person making arrest such as
informing his friends/ family of his arrest as soon as he is brought to the police station.59

3.3 Protection against Custodial Torture and Death

Though Article 21 of the Constitution of India,60 does not explicitly provides for protection
against torture or custodial crimes, it has often been interpreted by the Supreme Court to
include constitutional guarantee against custodial crimes such as torture, assault, injury or
death caused to a person.

In the case of Francis Coralie Mullin v. Union Territory of Delhi, the Supreme Court held
that, "any form of torture or cruel, inhuman or degrading treatment would be offensive to
human dignity and constitute an in-road into this right to live and it would, on this view, be
prohibited by Article 21 unless it is in accordance with the procedure prescribed by law".61
Similarly, in the case of Mohan Lal Sharma v. State of Uttar Pradesh, the Supreme Court
held that legal detention of a person does not mean that he could be tortured or be beaten up
and if he is subjected to such treatment, he shall be given monetary compensation under
Article 21.62

In the previous chapter, we understood how custodial torture, sometimes resulting in death is
inflicted upon the arrested person so as to gather certain information or enforce confession.
Thus several legislative safeguards have been instituted so as to prevent such torture. Section
163 of CrPC states that the police officer or any other person shall not make any inducement,
threat or promise as is mentioned under Section 24 of Indian Evidence Act, but no police
officer shall prevent any person from making statement by his free will. However that shall
information shall not affect the provisions of sub-section (4) of Section 164.63 Section 164 (4)
states that any confession made by the person arrested shall be signed by him and the
Magistrate shall make a memorandum to the following effect- "I have explained to (name)
that he is not bound to make a confession and that, if he does so, any confession he may make
may be used as evidence against him and I believe that this confession was voluntarily made.
It was taken in my presence and hearing, and was read over to the person making it and

58
Section 55A, Code of Criminal Procedure, 1973
59
Section 50A, Code of Criminal Procedure, 1973
60
Article 21, Constitution of India, 1950
61
AIR 1981 SC 746.
62
(1989) 2 SCC 314
63
Section 163, Code of Criminal Procedure, 1973

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admitted by him to be correct, and it contains a full and true account of the statement made
by him."64

Whereby, Section 24 of the Indian Evidence Act, 1872 states that, a confession made by the
accused shall be considered irrelevant by the court, if it appears to the court that the same has
been caused by inducement, threat or promise.65 Whereas Section 25 and 26 of the Act
provides that no confession made to a police officer shall be proved against the accused and
no confession made to a police officer shall be proved against the accused unless made in the
presence of a Magistrate respectively.66

Though, the abovementioned provisions do not directly provide for a protection against
custodial torture and death, but they practically invalidate any confessions made to the police
officer which may be obtained through "inducement, threat or promise". These Sections
emphasize upon the presence of a Magistrate while the confession is made so as to ensure
free will of the accused while making the confession. Thus we see that the motive of the
police officer behind custodial torture stands defeated in most cases, thereby lessening the
chances of such custodial crimes. Moreover, according to Section 24 of the Indian Evidence
Act, if the court senses the presence of such "inducement, threat or promise" made to the
accused, it shall consider the confession irrelevant, which provides for an additional
safeguard to the accused.

In addition to this, Section 348 of the Indian Penal Code provides that any person wrongfully
confining another for the purpose of extorting confession or gathering such information
which shall lead to detection of a misconduct or offense shall be imprisoned for a term which
may extend to 3 years and shall also be liable to pay fine. Here again we see that this
provision does not directly curb these custodial crimes, but it punishes the crime of wrongful
confinement, which the police officer may subject another person to for the abovementioned
reasons. Lastly, Section 197 of CrPC is often miused by the Police officers to take defense of
"official duty" which relieves them of their liability against acts done while discharging their
duties. This provision is often used to commit grave offenses by justifying the same under
"official duty".67

64
Section 164(4), Code of Criminal Procedure, 1973
65
Section 24, Indian Evidence Act, 1872
66
Section 25, Indian Evidence Act, 1872, Section 26, Indian Evidence Act, 1872
67
Section 197, Code of Criminal Procedure, 1973

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Lastly, Section 29 of the Indian Police Act provides for a penalty not exceeding three months'
pay or imprisonment with or without hard labour for a term not exceeding three months or
both. This penalty/ imprisonment shall be administered to the concerned police officcer by
the Magistrate on conviction.68

3.4 Protection against Custodial Rape

Section 376 (2)(a) provides for rape conducted by a police officer, (i) within the limits of a
police station, or (ii) in the premises of station house, whether or not situated in the police
station to which he is appointed, or (iii) upon a woman in his custody or within the custody of
an officer subordinate to him.69 This clause provides for a higher punishment of rigorous
imprisonment for a minimum period of 10 years which may be extended to life along with
fine, as compared to that provided for under Section 376(1). This additional punishment in
such cases is provided for because the woman/ girl in such cases is under direct custody of
the police officer and not only is he in complete control of her, but is also responsible for her
care and protection. Having said that, the Criminal Law (Amendment) Act, 2018 has
increased the minimum punishment to rigorous imprisonment of 10 years even in the case of
Section 376(1) of the Indian Penal Code.

In addition to this, CrPC provides for certain provisions to protect the arrested female.
Section 51(2) of the Code provides that if the search of a female accused is necessary, it shall
be conducted by a female officer with strict regard to her decency.70 Though this section
provides for a much required protection to the arrested female, but the term 'strict regard to
her decency' has not been defined anywhere in the code, which leaves it upon the discretion
of the female officer conducting the search. Similarly, under Section 100(3) of the Code,
where a person in or about a certain place (which is liable to be searched or inspected), is to
be searched, and if such person to be searched is a woman, the search shall be conducted only
by another woman, with strict regard to her decency.71

Section 160 (1) of the code states that the police officer may required attendance of a witness
to his own or any adjoining railway station, but a protection has been provided incase such
witness is a woman. Thus the female witness shall not be required to any other place other
than in which she resides.
68
Section 29, The Police Act, 1861
69
Section 376(2)(a), Indian Penal Code, 1860
70
Section 51(2), Code of Criminal Procedure, 1973
71
Section 100(3), Code of Criminal Procedure, 1973.

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Apart from this, certain additional directions have been provided for by the Supreme Court in
the case of Sheela Barse v. State if Maharashtra-

i. Police lockup for female suspects shall be maintained separately in a good locality,
which shall by guarded only by female constables.
ii. Female suspects shall not be kept in the same lockup as male suspects.
iii. The presence of female police officers and constables is necessary for interrogation of
female suspects.
iv. When an arrested female is brought before the Magistrate, he shall enquire about any
torture or maltreatment conducted against her in the police lockup. He shall also
inform her of her right to be medically examined.72

72
(1983) Cr.LJ 642

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 Chapter IV - Conclusion and Recommendations

4.1 Conclusion

Public Institutions are essential to social and political life in every society. They play an
immense role in smooth governance and are hence expected to abide by the principles of rule
of law. Having said that, the Police in India is widely criticized and they are often felt to
cater to personal interests rather than serve the public at large and suffer from lack of public
accountability. This problem is persistent since the genesis of Police in India through the
Police Act, 1861 formulated by the British to exert undue force upon the citizens of India.
This act created a mechanism of control, coercion and surveillance over the subjects. Even
post Independence, the structure of Police remained as it is regardless of various reforms
recommended by commissions from time to time.

With time, practices such as Custodial Torture, Death, Rape, Non Registration of FIR, Illegal
Arrests, Planting of evidence, unauthorized calling by the Police, False Registration of cases,
Illegal search and seizure and other such practices which adversely affected human rights of
millions of citizens became prevalent. These practices were mainly practices against the
weaker sections of the society who would often find themselves on the wrong side of the
systematic bias followed by the Police.73

One of the primary justifications given for such abuses by the police is lack of proper
accommodation facilities, service conditions, remuneration and opportunity for promotion
thereby affecting their social security. In addition to this, lack of proper equipments required
for better functioning and use of outdated technology in terms of weaponry, vehicles and
investigation tools results in them resorting to corruption and such other abuses to make ends
meet.

Though legislations like the CrPC and the Evidence Act provide for proper procedures to be
followed and safeguards to kept in mind while performing police functions, the lack of
knowledge and awareness coupled with the fear prevalent in the minds of the citizens enable
the police to resort to draconian measures and thereby practices abuses as mentioned above.
The ignorance of procedure and the requisite safeguards lead to widely practiced human
rights violations which often go unquestioned by the general public. In addition to this, the

73
Status of Policing in India Report (2018), Common Cause & Lokniti- Centre for the Study Developing
Societies (CSDS), http://commoncause.in/pdf/SPIR2018.pdf, (accessed on: 6/11/2019), pp. 70-89

27 | P a g e
Police also take advantage of certain provisions like Section 197 CrPC74 through which they
try to justify all the acts performed by them under the garb of "official duty". Thus a proper
enforcement mechanism is the need of the hour which can ensure that these safeguards and
procedures are duly followed by the Police while executing their functions and can keep a
proper check upon the Police, down to the level of Individual Police Stations. In the light of
the issues faced by the citizens in this regard, a few recommendations are provided below.

4.2 Recommendations

i. The Director General of Police should issue clear and unambiguous directives
regarding compulsory registration of FIR, failing which disciplinary action shall be
taken against the concerned officer. The same must be reflected in the Police
Manuals.
ii. Moreover, other requirements related to registration of FIR, such as reading out the
FIR to the informant and proving a copy of the same shall be strictly followed. These
practices must be regularly checked through "decoy visits" whereby surveyors would
pose as complainants and register FIRs.
iii. Clear and unequivocal statements shall be made to all police stations regarding
unacceptability of torture and acceptable interrogation techniques shall be explicitly
defined in the police manuals. Moreover, all interrogations must be videotaped
particularly in cases of serious offenses.
iv. Establish Police Complaints Authorities in every State, where complainants can easily
make complaints without actually having to approach the authority. The findings of
this committee shall directly be forwarded to the prosecutor and the victim shall be
provided with assistance with regards to his medical, legal and psychological needs.
In addition to this an internal affairs unit shall be established to impartially investigate
all complaints regarding custodial crimes.
v. Superintendent of Police must be given responsibility to identify, prevent and punish
abuses committed by officers under him. In case of knowledge of custodial crimes
committed by the their junior, the superior officers must also be subjected to
disciplinary action.
vi. Handbook must be published so that everyone has access to the procedures that must
be followed by the police as provided for under CrPC and the Evidence Act in an easy

74
Supra Note 67

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 language. In addition to this seminars and information through FM must be provided
for so that the general public is more aware about their rights, thereby resulting in
lesser chances of human rights violations by the Police.
vii. Ensure regular training of police officers at all levels whereby matters such as new
investigative techniques, preservation of physical evidence, forensics science, gender
sensitive training, arms training etc shall be given to them. In addition to this, head
constables and constables must be given 'first responders training' to render
emergency aid, identify potential witnesses and secure crime scene.
viii. Ensure proper resources such as LED flashlights, tape, envelopes, digital cameras and
fingerprinting kit is provided to the officers during investigation. In addition to this,
additional police vehicles must be provided in all police stations so that crime
investigation and prevention is not affected.
ix. Increase the number of police officers depending upon the current population and the
crime rates in a particular area and ensure that civilian staff is provided to each and
every police station so that constables do not perform menial and clerical work.
x. Increase remuneration given to police officers especially constables and head
constables along with other resources such as proper housing facilities. More chances
of promotion shall be given to the officers by reducing direct recruitment to the IPS
level. Apart from this, planned leaves and rest days shall be given to all officers
especially to the officers below sub-inspector level.
xi. Comprehensive records must be maintained with regards to the date and time of
arrest, food offered to the arrested/ detained person, date and time of his production
before the Magistrate, duration of investigation and injury marks on his body, details
about the rights provided to him such as information of his arrest to friend/ family,
legal assistance, medical examination etc.
xii. India should sing the Optional Protocol of ICCPR and UNCAT so as to permit
individuals to make complaints directly to the international bodies and to allow the
Subcommittee on Prevention of Torture and Other Cruel, Inhuman and Degrading
Treatment to make regular visits and perform functions provided for under its
mandate, respectively. In addition to this, the previously signed UN Convention on
Torture shall be ratified with immediate effect.
xiii. Lastly, certain legislative amendments are desired for ensuring proper checks upon
the police, such as-

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  'Torture' must be specifically defined and the right not be tortured must be
provided for separately under the Constitution. Similarly a penal offence
regarding the same must be created in IPC. The definition of Torture must be
in lines with the definition provided for under Article 1(1) of the UN
Convention against Torture.
 Amend Section 154 of the CrPC so as to allow even the low-ranking police
personnel to register an FIR, in consideration to the constant shortage of police
personnel. Moreover, this section must explicitly state that the police officer
must register an FIR regardless of the jurisdiction.
 In addition to confessions, evidence procured as a result of information
gathered through torture shall be rendered inadmissible in the court of law.
 Amendment shall be made in the Indian Evidence Act, wherein cases of
custodial death and torture, presumption of malafide intention on the part of
the police officer must be made. (Similar to Section 114A of the Indian
Evidence Act, in cases of custodial rape)
 The term, "official duty" must be clearly defined under CrPC, so as to exclude
arbitrary detentions and custodial crimes, so that defense under Section 197 of
CrPC cannot be taken in such cases.

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 Bibliography

Books Referred-
 B.R Sharma, “Firearms in Criminal Investigation & Trial”, (New Delhi, Universal
law publication house, 2011)

 David H. Bayley, The Police and Political Develpoment In India (New Jersey:
Princeton University Press, 1969) p.15.

 D. Bonner, M., Seri, G., Kubal, M. and Kempa, M. (2018). Police Abuse in
Contemporary Democracies. Switzerland: Palgrave Macmillan, pp.1-30.

 Jauregui, B. (2013). Beatings, Beacons, and Big Men: Police Disempowerment and
Delegitimation in India. Law & Social Inquiry, 38(3), 643-669. doi:10.1111/lsi.12030

 J. C. Madan, Indian Police (New Delhi: Uppal Publishing House, 1980) p.27.

 K.S. Dhillon, Defenders of the Establishment, Indian Institute of Advanced Study,

Shimla, 1998, p 150

 P.N. Bhagwati, “Human Rights in Criminal Justice System” in Noorjahan Bava, ed,
Human Rights and Criminal Justice Administration in India, Uppal Publishing House
New Delhi,2000, p11.

 Shankar Sen, “Human Rights in Criminal Justice System”, in Vijay K. Gupta, ed,.
Perspective on Human Rights, Vikas Publishing House Pvt. Ltd., New Delhi, 1996,
p.221.

 Verma, A. (2005), " The Indian Police: A Critical Evaluation, Regency Publications,
New Delhi.

Articles Referred-
 Aditi Phadnis, “Mayawati's caste gambit,” Business Standard, August, 25, 2008,
http://world.rediff.com/news/article/www/news/2008/aug/25guest.htm (accessed on
1/11/2019)
 G.P. Joshi, "Police Accountability in India, (New Delhi), available at:
https://www.humanrightsinitiative.org/programs/aj/police/papers/gpj/police_accounta
bility_in_india.pdf

31 | P a g e
  Kirpal Dhillon “Police and Politics in India: Colonial Concepts, Democratic
Compulsions” (Manohar, 2002)
 Sanskar, "Use and Abuse of the Power of Arrest", The Tribune (Editorial), New
Delhi, February 7, 2010, pg 12.
 S.P.Srivastava, Human Rights and the Administration of Criminal Justice in India
(1993) p.73
 V.V Devasia and Leelamma Devasia, Human Rights and Victimology (1998) pp. 6-7.

Journals Referred-
 Krishan Kumar N, Ph.D., Cochin University of Science and Technology , Human
Rights Violations in Police Custody.

 Lamani, Ravikanth (et al). (2013), "Police Corruption in India", International Journal
of Criminology & Sociological Theory, Vol. 6 No. 4.

 Mehrajuddin (1980), Criminal Justice System: Crime, Police and Correction, The
Academy Law Review. Vol. IV Nos. 1&2

Reports Referred-
 Human Rights in India — The Updated Amnesty International Report (1993), p.39.
 Law Commission of India, “177th Report on Law Relating to Arrest,” D.O. No.
6(3)(63)/99-L.C.(LS), December 2001,
http://lawcommissionofindia.nic.in/reports/177rptp1.pdf (accessed 1/11/2019), p. 24.
 National Commission on Law observance and enforcement, report on lawlessness in
Law Enforcement (1931), p. 5.
 National Project on Preventing Torture in India (NPPTI), “Annual Report on Torture
2007,” undated, http://www.pwtn.org/preventing_torture.asp (accessed on 1/11/2019);
NPPTI, “Annual Report on Torture 2008,” undated,
http://www.pwtn.org/preventing_torture.asp (accessed on 1/11/2019).
 Shastri, Sandeep. “Status of Policing in India Report 2018: A Study of Performance
and Perceptions.” Common Cause & Lokniti - Centre for the Study Developing
Societies (CSDS), 2019.
 Status of Policing in India Report (2018), Common Cause & Lokniti- Centre for the
Study Developing Societies (CSDS), http://commoncause.in/pdf/SPIR2018.pdf,
(accessed on: 6/11/2019), pp. 70-89

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Web-links Referred-
 https://blog.ipleaders.in/remedies-illegal-police-action/
 http://bprd.nic.in/WriteReadData/CMS/The%20Indian%20Police%20Journal.pdf
 http://dspace.cusat.ac.in/jspui/bitstream/123456789/11450/1/Police%20Atrocities%20
Liability%20to%20Pay%20Compensation.PDF
 https://www.humanrightsinitiative.org/programs/aj/police/papers/gpj/police_accounta
bility_in_india.pdf
 http://law.emory.edu/eilr/content/volume-28/issue-1/articles/police-powers-
constitution-india.html
 http://www.svpnpa.gov.in/images/npa/pdfs/CompletedResearchProject/6_internaland
extimpedencetopolice.pdf

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