ROUGH DRAFT

PROJECT TOPIC: REMEDIES AGAINST ABUSE OF POLICE POWER INDIA

INTRODUCTION

Police is a part and parcel of our society and plays a vital role in system of criminal
administration of justice because police is primarily concerned with the maintenance of peace
and enforcement of law and order and security of person and the property of individuals. The
police also have to prevent juvenile delinquency and atrocities against women and children.
Though the goals and objectives of police are noble but they have been criticized and
condemned for committing acts which are just contrary and this is because the powers given
to them to fulfill their social responsibilities are capable of being abused by them to trample
the constitutional rights of the community. It also lowers the dignity of the officials and
shakes the foundation of trust and faith imposed on them by the society.

The legal functions of the police are to deal with the detection and investigation of crime,
arrest of offenders, collection of evidence etc. Their function involves patrolling by the police
and preventive action against potential wrong doers. The foremost task assigned to the police,
in order to prevent crime, is to make arrest of the lawbreakers and suspected criminals and
take them into custody. These powers of the police are laid down in the Chapter XI from Sec.
149 to 153 of Code of Criminal Procedure, 1973. Police officials are also given powers u/s
41, 42 and 151 of CrPC, 1973, to make arrest without a warrant taking into consideration the
circumstances. Legal functions of the police include conditional release of accused on bond,
etc. u/s 438 of CrPC, 1973, interrogation of offenders and suspects, search and seizure. The
search and seizure may be conducted by the police with or without a warrant but it should not
be unreasonable. The police officials are bound to maintain inquest register and the law
relating to inquest register u/s 174 of CrPc, 1973. In case a person dies under unnatural or
suspicious circumstances, the police are to record information in the Inquest Register. Police
also plays an important role in the prosecution by assisting the prosecutor. In fact, the success
in prosecution largely depends on the promptness and ability with which the investigation is
conducted by the police.

RESEARCH OBJECTIVE

 The objective of the researcher is to highlight the core misconduct and illegalities
generally practised by police officers.

 It will also present a detailed study as to the various provisions of CrPC which gives
remedies against abuse of power of police officers.
RESEARCH METHODOLOGY

The researcher has opted for Doctrinal Methodology. The researcher has opted for primary
sources like statutes and secondary sources of data like books, newspaper, internet sites etc.

CHAPTERISATION

1. Introduction
2. Legal Functions of Police
3. Misconduct or Illegal Action By The Police
4. Remedies Against Illegal Action By Police under Crpc

o Illegal or false arrest or false imprisonment

o Falsification of evidence, falsifying a police report
o Committing perjury on the witness stand or witness tampering
o Police brutality
o Bribing and lobbying
o Unwarranted surveillance, searches and seizure of property

5. Other Remedies against abuse of police power

6. Conclusion

BIBLIOGRAPHY

Books Referred:

 Criminal Manual (Criminal Major Acts) by Justice M.R Mullick

 Professional’s The Constitution of India (Bare Act)
 Our Constitution: An Introduction to India’s Constitution and Constitutional Law
by Subash C. Kashyap
 Professional’s Prevention of Corruption Act, 1988 (Bare Act)

Websites Referred:

 manupatra.com
 indiankanoon.com
 http://www.legalservicesindia.com/article/article/indian-police-the-protector-or-
the-persecutor-1698-1.html
 https://www.hrw.org/report/2009/08/04/broken-system/dysfunction-abuse-and-
impunity-indian-police#page
 http://clpr.org.in/wp-content/uploads/2016/08/140214-Police-Accountability-
website.pdf