What Are The Laws Regarding Police Harassment In India?
- Mehtab Ali
- Nov 22, 2024
- 4 min read
The Term Police Harassment Means Misconduct By Police. The Act Of A Police Officer Exceeding Their Allocated Duties And Taking Advantage Of The General Public In Their Official Role. It Even Includes Not Following The Prescribed Law In Performing The Duty Like Arresting Someone Without A Warrant Even In Cases Where The Arrest Cannot Be Made Without A Warrant.
There Are Various Types Of Police Misconduct. It Includes Unlawful Arrest, Fabricating The Evidence, Racial Discrimination, Use Of Threats For Obtaining Confessions Or Forcing Someone To Admit Something, Use Of Unnecessary Force, Etc. It Even Includes The Sexual Offenses Committed With Prisoners By Police Officers, Deaths Caused In Prison, Etc.
Laws Regarding Police Harassment In India
Indian Police Act Of 1861 Governs The Police Officers. There Are Certain Guidelines Issued By The Supreme Court Regarding The Conduct Of Police Officers. Let Us Discuss These In Detail:
Section 29 Of The Indian Police Act If The Police Officer Fails To Fulfill His Duty Or Misbehaves With Anyone Then He Can Be Punished With Imprisonment Up To Three Months And With A Penalty Of Up To Three Months’ Salary.
In 2006, The Police Complaint Authority Was Set Up With The Aim Of Reforming The Structure Of The Police System. It Was Made To Handle The Police Complaints. Any Person Who Has Even Witnessed Police Harassment Can File A Complaint With The Police Complaint Authority. If The Police Officer Is Guilty Of Serious Misconduct, He Can Be Made Liable For The Same.
There Are Various Guidelines Issued By The Supreme Court To Avoid Such Situations Of Harassment. These Are:
If It Is Disclosed That The Offense Is Cognizable, It Is Necessary To Register The Fir.
If The Preliminary Inquiry Results In The Closing Of The Complaint Then It Is A Duty To Deliver To The First Informant A Copy Of The Entry Of The Closure Immediately.
If The Information Discloses The Commission Of The Cognizable Offense And The Police Officer Refuses To Register The Fir, Then A Complaint May Be Raised Against Him.
If It Is Not Clear Whether The Offense Is Cognizable Or Not Then A Preliminary Inquiry Can Be Conducted. The Aim Of The Inquiry Is Not To Verify The Truth Of The Information, Rather It Is To Confirm Whether The Case Is Cognizable Or Not.
It Is The Duty Of A Police Officer To Summon Someone Through A Written Summon. The Written Summon Should Specify The Date And Time For Appearing Before Them. The Written Summon Needs To Be Served In Case A Person Is Named In A Complaint.
The Minutes Of The Investigation Should Be Written In The Daily Diary. It Will Reduce The Chances Of Any Corruption In The Investigation.
Rights Of Public To Fight Against Police Harassment
There Are Certain Rights Provided To People To Protect Them Against Cases Of Police Harassment. These Rights Are:
Article 22(1) Of The Indian Constitution States That The Person Who Has Been Arrested Has The Right To Consult To The Legal Counsel Of His Choice. He Has The Right To Be Defended By The Counsel Of His Choice. The Police Have The Duty To Inform The Accused About His Right To Get The Free Legal Aid.
Section 35 Of Bnss States That A Police Officer Cannot Arrest Without Warrant If The Police Officer Does Not Have Any Reasonable Suspicion Regarding The Commission Of Cognizable Offence.
Section 43 Of Bnss Provides The Mode Of Arrest. It Talks About The Rights Of Women Offenders. A Female Officer Can Only Arrest The Woman Offender And She Cannot Be Arrested After 6 Pm And Before 6 Am. This Provision Can Be Exempted Only In Exceptional Circumstances.
Section 47 Of Bnss Provides The Right To The Arrested Person That On Being Arrested He Has The Right To Know About The Grounds Of Arrest. This Is The Basic Right So That He Can Defend Himself Properly. It Also Talks About The Duty Of A Police Officer That He Shall Inform The Arrested Person About His Right To Bail So That He Can Arrange For His Sureties.
Section 46 Of Bnss Puts The Duty On Police Officers To Not Put The Unnecessary Restraint Upon The Arrested Person That Is Necessary To Prevent The Escape Of The Arrested Person. Putting Unnecessary Restraints Will Result In Violating The Fundamental Rights Of An Arrested Person.
Section 58 Of Bnss Talks About The Rights Of The Arrested Person. The Arrested Person Cannot Be Detained In Police Custody For More Than 24 Hours Without A Warrant. This 24 Hours Does Not Include The Time Taken In The Journey From The Place Of Arrest To The Magistrate’s Court.
Section 53 Of Bnss Talks About The Right Of An Arrested Person To Get Medically Examined By A Medical Officer. In Case If Any Female Has Been Arrested Then The Female Medical Officer Will Conduct This Medical Examination.
When The Public Loses Trust In The Police Force, Chaos Almost Inevitably Ensues. The Police Are Here To Keep The Peace And Order In Our Community. While There Are Certainly Some Decent Police Officers Out There, We Cannot Dismiss The Bad Ones. The Law Must Hold An Incorrect Police Officer Accountable For His Or Her Actions.
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