National University of Study and Research in Law, Ranchi
Ranchi - Jharkhand
ANALYSIS OF THE CONCEPT OF POLICE BRUTALITY
SUBMITTED BY SUBMITTED TO
Dr. Julean Seal Parsari
Assistant Professor
Section – A (CVP)
Semester - VII
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INTRODUCTION
Misappropriation of discretion by law enforcement is atrocity committed by police. Despite their
enormous power, the cops have begun to abuse it. Police Act of 1861 specifies the authority of
police. Serving the public and defending them against wrongdoers is the fundamental duty of the
police. Its reputation has faded over time, yet it was once a strong and courteous idea.
Utilisation of unnecessary force is not new to society, and given the numerous instances of police
brutality, it makes sense that the police's primary responsibility, which was to protect the public
from perpetrators, is not being carried out to the fullest extent possible. Police brutality was
observed prior to independence and continues to be observed following it. "A civil rights
violation occurred whenever police officers employ unnecessary force in relation to a person who
is exceedingly necessary is the definition of police atrocity1.
Police brutality or ruthlessness refers to the use of excessive force by law enforcement. Though a
precise description of this heinous deed is still pending. Since the beginning of police
enforcement in India, there has been a persistent problem with police brutality, and since the
Covid-19 pandemic, there has been a sharp increase in these incidents. It is thus imperative to
look at the laws and resolutions governing the police and the reasons behind the judiciary's
failure to stop this culture of illegal policing.
Through investigation, the researcher found that the police are granted sovereign immunity
under Indian laws and statutes, which limits the victims' ability to obtain justice. Even the court
rulings, which applied to both public responsibility and police misconduct, only awarded
monetary compensation to the injured parties. If lower courts are granted the authority to hear
cases involving police violence in addition to the Supreme Court and High Courts, this condition
of minimal police accountability can be addressed. It is necessary to have distinct laws or rules
that outline the scope and accountability of the police's criminal activity. so that an infallible code
of conduct can be created
Causes of police brutality lack of accountability perception that law enforcement officials are
exempt from maintaining a certain standard of accountability or openness in their interactions
1 Shubhangi Mishra, Stop Cheering Police Brutality: Citizens LikeJayaraj and Bennix pay the price, THE PRINT,
June 20, 2020, https://theprint.in/opinion/pov/stop-cheering-police-brutality-citizens-like-jayaraj-and-bennix-paythe-
price/450378/.
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with the community is a major contributing element to the growth of a culture of police brutality.
In this instance, a police officer acts in an unprofessional manner but never faces consequences.
As a consequence, the law enforcement official will still opt for harsh methods over the formal
ones in order to carry out his or her daily duties.
police stress finds an outlet
One of possible contributing factors to reasons of police brutality is stress. In this case, law
enforcement choose to see the general population as antagonistic or indifferent to the task at
hand. If the officer lacks a confidant to whom they may confide about the difficulties of their job,
the situation at hand becomes more challenging. It is not uncommon for law enforcement
officials to target civilians when they feel more and more alone and believe that the majority of
the population is unfriendly.
the definition of brutality varies wildly
Unfortunately, our police brutality attorneys have discovered that the definition of excessive
force varies from person to person.2 For an officer, using gentle touch in the event that a license
is not forthcoming upon request constitutes reasonable force. The same degree of resistance to
one officer indicates to another that the police can drag the group through a window .
Law enforcement has become increasingly militarized
The weapons carried by local law enforcement officials are capable of toppling a tiny nation.
Between 50,000 and 80,000 heavily armed SWAT team interventions occur annually, and many
local and state authorities have fostered a "us against them" mindset towards the population they
are supposed to protect.
RESEARCH QUESTIONS
1. What are the key factors contributing to police brutality?
2. how does the penological branch play a role in addressing or perpetuating this issue
within the criminal justice system?
2 Nithya Subramanian,In charts: High approval for police violence in India – 80% among police, 50% among
citizens, SCROLL.IN, Sep 8,2019, scroll.in/article/936162/in-charts-high-approval-for-police-violence-in-india-
80among-police-50-among-citizens
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3. What are the legal and ethical considerations surrounding police misconduct within the
context of the penological branch,?
4. how do these considerations influence policies, accountability measures, and efforts to
combat police brutality?
POWERS AND THE ROLE OF POLICE IN CRIMINAL JUSTICE SYSTEM
Code of Criminal Procedure Act of 1973 3 regulates much of the vast powers that the police have
in the administration of criminal justice. most readily apparent and consequential conduit
between public and the governing body is the police. According to the speaker, there are two
primary responsibilities of the police:
• To safeguard the common man's life;
• To safeguard his possessions;
Speaking of the function that police play in the system of criminal justice, they are also in charge
of investigating, patrolling, preventing crime, and upholding peace and order within a certain
area. Finding out as much as you can about the facts and circumstances of the case is the main
objective of an investigation .
In the criminal justice system, a police officer's role includes everything they do to obtain
evidence, such as visiting the scene, determining the facts and circumstances, locating and
apprehending the suspected offender, and gathering evidence related to the crime's commission. 4
This may involve speaking with witnesses, including the accused, and documenting their
statements, as well as conducting searches and seizing objects deemed essential for investigation
and to be produced. The inquiry is concluded with a police report sent to the magistrate.
The three main components of legislation that control the criminal procedure in India are Indian
Evidence Act of 1872, Code of Criminal Procedure of 1973, and Indian Penal Code of 1860.
3 Code of Criminal Procedure Act of 1973
4 Toothukudi Custodial deaths: All you need to know, THE TIMES OF INDIA, June30,2020,
https://timesofindia.indiatimes.com/india/tamil-nadu-custodial-deaths-all-you-need-toknow/articleshow/
76707406.cms
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A police station official may submit a First Investigation Report (FIR) in accordance with Section
154 of Code of Criminal Procedure, 19735. The Criminal Procedure Code's Sections 149, 150,
and 151 require the police to take preemptive action.
Section 151(1) of Criminal Procedure Code states that a police officer may arrest someone
without a warrant or a magistrate's approval if they believe there is no other way to stop the
offence from being committed. This includes knowing about or receiving information about a
design that could be used to commit any cognizable offence. Section 150(3) grants a comparable
authority, however limited to a period of 15 days.
RELATIONSHIP BETWEEN POLICE AND PROSECUTION IN INDIA
While prosecutors have the power to evaluate police investigations and decide how best to
proceed with the prosecution in line with the law, police have the power to carry out
investigations aimed at apprehending individuals. After finishing an investigation method, the
speaker noted, police investigators frequently have a sense of exclusivity and think they are in
charge of the whole investigating field. Any outside advice or direction is therefore seen as
unnecessary and obtrusive.
Having studied jurisprudence, prosecutors typically handle police files in a more legalistic
manner because they are more aware of due process, the rule of law, and human rights 6. When
prosecutors decide not to press charges against a suspect who has been captured because the
requirements for detaining them have not been fulfilled, or when an investigation takes a long
time and requires a lot of work, yet the case is dropped, it is incredibly irritating for investigators.
For example, Salman Khan was found not guilty in the accident case because there was
insufficient evidence.
NORMALIZATION OF POLICE BRUTALITY
In India, police violence and ruthlessness are becoming commonplace. The frequency of police
brutality instances has increased to the point where it is now accepted by society. police officers,
5 Code of criminal procedure 1973 , s.154.
6 Shubhangi Gupta, 19-year old Dies outside Outside Exam Centre in Karnataka’s Bijapur; Family Alleges Police
Brutality, Cops Says Heart Attack, INDIA.COM, June 27, 2020, https://www.india.com/news/india/19-year-old-
diesoutside-exam-centre-in-karnatakas-bijapur-family-alleges-police-brutality-cops-say-heart-attack-4069336/
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as well as the misuse of authority and cruelty by the police. Numerous incidents of police
brutality and misbehaviour are documented, yet frequently these incidents are kept under wraps.
146 individuals have died and 3,302 have been wounded in 8,742 encounter cases in the Indian
state of Uttar Pradesh since Bharatiya Janata Party took office in 2017. In State of Assam, after
Bharatiya Janata Party was re-elected on May 10, 2017, there have been 50 encounters in which
40 people have been injured and 27 people have killed. According to 2019 Policing in India
Report, three out of four police officers think it is acceptable for them to use violence against
criminals. They think that using violence is a way to get extrajudicial confessions from criminal
suspects. entertainment industries also glamorise police violence, demonstrating how deeply
ingrained the practise is in society7.
Since police officers are people with the same rights to vote, political preferences, morality, and
opinions as everyone else, they should be treated equally. Due to their position as the society's
peacekeepers, power, and right to keep and carry guns, police are susceptible to political
subconscious that controls state politics. They are also authorised to use force when necessary.
WHY CITIZENS HAVE A MAJOR ROLE PERPETUATING THESE ACTS
It is very difficult to address the issue of police brutality in India because it is cheered and
celebrated by media and citizens. The disturbing trends in police prejudice can be seen in the
Status of Policing in India Report 2019. It indicates a significant bias against Muslims
transgender people, indigenous peoples, minority groups, and immigrants from other states.
Roughly 50% of the police officers in Bihar and 60% of those in six other states reported never
having attended human rights training. citizens also play a great role in perpetuating this violence
through vocal support and silence. Telangana Police encounter of four people accused in the
Hyderabad Rape case in December 2019 that widely celebrated can be a very good example of
this.
Last year, the police in Hyderabad shot down four men accused of Rape and Murder of the
veterinary doctor. They were under judicial custody. The men, Mohammad Arif, Jollu Shiva,
Jollu Naveen and Chintakunta Chennakeshavulu were taken at 5.45 am for reconstruction at the
7 Deepshikha Ghosh, Telangana Rape-Murder Accused Shot Dead By Cops, “Tried To Escape” ,NDTV, December 06,
2019, https://www.ndtv.com/india-news/all-4-accused-in-gang-rape-and-murder-of-veterinarian-in-
telanganakilled-in-encounter-with-police-n-2144188.
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spot where the woman’s body was found The police claimed that the men were shot because they
tried to escape. They also claimed that all the four accused got together and started beating the
police officers. The officers maintained restraint and asked them to surrender but they did not
oblige. Moments later, four bodies lay scattered to the ground. The encounter received mixed
responses from the people. One section of the society openly applauded the police force whereas
the other section criticized the police action. 8
The protests against Citizenship Amendment Act (CAA) and National Register for Citizens
(NRC) saw the police brutality in full display. The students in universities and people in the
streets had to bear the brunt of this inhuman act. The thing that needs to be noted here is that
amidst all of this, one section of the society was applauding the actions of the police.The death of
George Floyd saw widespread protests in different parts of the world. Butthe outrage against the
death of father on the duo in Tuticorin was only limited to social media.
INCIDENTS AND CASES RELATING TO POLICE BRUTALITY
INSTANCES BY POLICE BRUTALITY
Between 2016 and 2019, 427 persons perished while in the custody of the police. In the last
several years, 5,476 individuals have passed away. if judicial custody is also involved Police
custody is when the police have the physical custody of the plaintiff whereas judicial custody is
while the charged individual is detained in jail and under the jurisdiction of the relevant
magistrate.
According to Human Rights Watch report, there have been cases where majority of deaths are
attributed by the police to natural causes, sickness, or suicide but the family members would
have alleged that it is because of torture. The police force is of the view that violent attitude must
be adopted towards the criminals towards the benefit of society as a whole
8 Shubhangi Mishra, Stop Cheering Police Brutality: Citizens LikeJayaraj and Bennix pay the price, THE PRINT,
June 20, 2020, https://theprint.in/opinion/pov/stop-cheering-police-brutality-citizens-like-jayaraj-and-bennix-paythe-
price/450378/.
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Jamia Violence
On December 2019, police forcefully entered the Jamia Millia Islamia University during
AntiCAA protests. Police entered the campus and detained many students. The police also fired
tear gas inside the library. The police used excessive force against the students. The police even
denied entering the library. But the CCTV footage released by the Jamia coordination Committee
proved otherwise. The footage also showed police lathi charging students who were trying their
best to hide. Many Universities like IIM Ahmadabad, Banaras Hindu University, etc. stood in
solidarity with Jamia Millia Islamia. Mass protest broke out in different parts of the country. This
police brutality also gained international condemnation.
Death of Father-son duo in Tamil Nadu.
The incident of death of the Jayaraj and Bennix in judicial custody is an example of police
brutality at its worst in the lockdown. They were arrested on June 19, 2020 for keeping their
accessory shop beyond the curfew time. Bennix was alleged to have badmouthed police men.
After this, Bennix’s father Jayaraj was arrested and taken to Santhakulam police station.
According to a newspaper report when Bennix reached the police station he saw his father being
beaten up by the police When he intervened, he was also taken into custody 9. According Indian
Penal Code, both individuals were accused with disobedience to an order validly issued by a
public servant (section 188), conduct intended to spread illness (section 269), use of assault
towards an employee of the government (section 353), and criminal intimidation (section
506).Bennix died on June 22, 2020 and his father after that. The autopsy report showed they were
tortured to death. This case gained publicity on social media so much that film actors and
cricketers concerned their concern..
SSLC student’s death after alleged police brutality.
A 19- year old boy Sagar Chalavadi in Bijapur, Karnataka was allegedly lathi-charged by the
police who had come to give his SSLC examination. As per initial reports, he died of a
heartattack after being beaten up by police. The police suspected him of being involved in
9 SumithraPrasanna, Why Can’t India End Police Brutality, THE DIPLOMAT, July,01, 2020,
https://thediplomat.com/2020/07/why-cant-india-end-police-brutality/
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malpractices. His family said that he had gone to drop off his sister and was not involved in any
malpractices
CUSTODIAL VIOLENCE
is a disgusting breach of human rights and an intolerable misuse of authority by the law's own
defenders. In addition to violating Ar 21 of Indian Constitution, which upholds fundamental
rights to life and liberty, it also violates Articles 3 and 6 of the United Nations Convention on the
Protection of Civil and Political Rights, which state that everyone has an inherent right to life,
liberty, and security and that no one may be taken from them without cause.
Furthermore, it is expressly stated in both Ar 5 of the the Universal Declaration of Human and Ar
7 of Covenant on the Protection of Civil and Political Rights that no one may be punished or
subjected to cruel, inhuman, or degrading treatment. Both Ar 9 of Covenant and 1948 Universal
Declaration of Human Rights emphasises that no one may be arbitrarily detained, arrested, or
banished. These rules also stipulated that everyone who is detained must be quickly notified of
charges against him as well as the reasons for his arrest. concepts of these UN texts are
essentially incorporated into Art 22 of Constitution, which guarantees the rights of the victim in
the event of an arrest or imprisonment.
This Article's requirement that the arrested individual appear before the closest magistrate within
24 hours is a fundamental right 10.Regarding this, the Supreme Court addressed the idea that there
can never be a harm without a remedy in case of D. K. Baasu v. State of West Bengal (AIR 1997
SC 610). law mandates that a man be entitled to redress in every situation in which he has been
harmed.
A person whose basic right to exist has been violated can not automatically get any meaningful
remedy from the simple statement that an activity is wrong, the discovery of violence during
custody, or the detection of death in a lockup. There is still much to be done. The Indian
Constitution does not specifically provide for the payment of compensation for the violation of a
person's fundamental right to life
CRITICISMS OF PENOLOGY IN CONNECTION TO POLICE BRUTALITY:
10 Colin Kaepernick; Police Brutality Sayings and Quotes; WISE OLD SAYINGS Words To Live By; (Jul.28, 2020, 02:03
PM); https://www.wiseoldsayings.com/police-brutality-quotes/
9
• Lack of accountability: Critics argue that the penal system often fails to hold police
officers accountable for their actions, contributing to a culture of impunity. Sentencing
disparities: The length and severity of sentences for police officers convicted of brutality
may be seen as inadequate, leading to dissatisfaction and further mistrust in the system.
Plea bargains: Critics argue that plea bargains in police brutality cases can result in
lighter sentences, which are perceived as unjust by the public.
• Failure to address systemic issues: Penology often addresses individual cases but may
not effectively address the systemic issues within police departments that contribute to
brutality. Limited deterrence: Critics question whether the penal system deters police
officers from engaging in misconduct due to its perceived leniency. Lack of victim
support: Victims of police brutality may feel unsupported and unheard within the penal
system, diminishing their faith in the justice system.
• Disincentive for whistleblowers: The penal system may discourage whistleblowers
within law enforcement agencies, making it difficult to expose misconduct.Costly legal
processes: The lengthy and expensive legal processes associated with police brutality
cases can be criticized for diverting resources from other important areas. Recidivism:
Critics argue that the penal system's approach to police officers involved in brutality may
not effectively prevent recidivism or future misconduct.
• The cycle of violence: Some argue that the punitive nature of penology in police brutality
cases can perpetuate a cycle of violence and resentment, rather than promoting healing
and reconciliation.
REMEDIES AGAINST POLICE BRUTALITY
There are three broad mechanisms through which police can be held accountable for brutality
against citizens. It includes judiciary-based accountability, police complaints authority, and the
national and state human rights commission.
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Under Judiciary-based Mechanisms, complaints against police brutality are held under Public
law, private law, or criminal law. The police can be held liable for the violation of fundamental
rights such as the right to life and personal liberty, protection against arbitrary arrests and illegal
detention protection from discrimination and unequal treatment enshrined under part III of the
Indian Constitution. Compensation can be sought against violation of fundamental rights in the
Supreme Court and High Court. But the problem faced here is that these courts deal with cases
when there is a heavy burden of proof. 11 The petitioner in Rudulu Shah v. State of Biihar was
wrongfully imprisoned for 14 years following his acquittal. He sought payment for his wrongful
imprisonment. The Supreme Court by saying that the detention was unjustified passed an order
for compensation for the violation of Article 21 and 22 of the Indian Constitution
Police Complaint Authority Section 49 of the CrPc, provides several rights to an arrested person.
The section specifically mentions that a police should not use restraint more than necessity.
According to section 197 of the Criminal Procedure Code, prior sanction is required from the
government to file a complaint against its public servant, if he is accused of any offence
committed the performance of official duties. Additionally, S 132 grants the authority of
government to stop prosecuting police personnel for actions taken to for the act done to control
unlawful assembly that is alleged to have caused a breach of peace .In the case of P.P.
Unnikrishnan v. Puttiyottil Alikkutty, the complainant was illegally kept in the policy custody
and tortured for several days. The police force raised the defence of S. 64 of the Kerala Police
Act, which provides procedural protections against the filing of lawsuits against law enforcement
officials who are working lawfully and in good faith in accordance with any power granted by
the state. The Supreme Court examined this clause using the justification of CrPc section
197.Supreme Court considered this provision based on the rationale of section 197 of the CrPc.
The court held that the police officers were acting out of the duty and therefore would not get
protected under section 197 of the CrPc
The National and State Human Rights Commission.The relief can also be sought before the
National Human Rights Commission (NHRC) and the State Human Rights Commission (SHRC).
It can intervene in any judicial proceedings and evidence, assemble documentation and proof,
11 Farzand Ahmed, DILIP BOBB, Bhagalpur blindings represent one of the darkest chapters in India's history, India
Today, (Jul.15, 2020, 02:00 PM), https://www.indiatoday.in/magazine/special-report/story/19801231-
bhagalpurblindings-represents-one-of-the-darkest-chapters-in-indias-history-773650-2013-11-2
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tour jails and detention facilities, and advise the authorities. Regardless of whether a death occurs
naturally or not, it must always be uploaded to National Human Rights Commission for
investigation while someone is in police or court custody.
CONCLUSION
One of key institutions in the legal system, the police are charged with maintaining order and
defending the nation against criminal activity. When police authority is deployed beyond
justifiable bounds, it can result in grave violations of citizens' human rights and dignity. India's
history is replete with incidents in which police brutality and violent acts against innocent people
have occurred. India has a long history of horrifying police brutality. This suggests that using
force and violence is a simple method to get justice. One of the reasons for the rise in police
brutality is the absence of laws prohibiting it and the romanticization of such acts in media.
media is an extremely sensitive instrument that links citizens immediately. Films and other forms
of media are particularly dangerous because they have the ability to persuade viewers that using
violence against criminals and offenders is acceptable while, in fact, it violates their basic human
rights. The state turns into a police state when laws are flagrantly broken and excused without
appropriate legal action.
REFERENCES
• Mike Colter; Police Brutality Sayings and Quotes; WISE OLD SAYINGS Words to Live
By; (Jul.28, 2020, 02:03 PM); https://www.wiseoldsayings.com/police-brutality-quotes.
• Anuraag Singh, Cops in MP brutally assault Dalit couple, kids and kin for resisting
removal of encroachment, The New Indian Express, (Jul.15, 2020, 11:37 PM),
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https://www.newindianexpress.com/nation/2020/jul/15/copsin-mp-brutally-assault-
dalitcouple-kids-and-kin-for-resisting-removal-of-encroachment-2170211.html
• Revathi Rajeevan, 18-year-old Dies Outside Exam Centre in Karnataka's Bijapur, Family
Claims Police Assaulted Him, News18, (Jul.15, 2020, 09:23 PM),
https://www.news18.com/news/india/19-year-old-diesoutside-exam-centre-in-
karnatakafamily-claims-police-assaulted-him-2690161.html.
• Nehal Ahmed & Grace Raju, 'We heard gunfire': Jamia students detail police attack on
campus, Aljazeera.com, (Jul.15, 2020, 07:49 PM),
https://www.aljazeera.com/news/2019/12/heard-gunfire-jamiastudents-detail-
policeattack-campus-191218063347967.html.
• A.D. Rangarajan, 20 woodcutters from TN gunned by A.P. police, The Hindu, (Jul.15,
2020, 07:00 PM), https://www.thehindu.com/news/national/andhra-pradesh/20-
redsanders-smugglers-shot-dead-in-chittoorencounter/article7076614.ece
• Sarthak Karol and Janay Jain, Jayaraj-Fenix custodial deaths: Policing powers are
sovereign powers; privilege and lack of accountability narrow the scope for victims,
Firstpost, (Jul.15, 2020, 09:04 PM), https://www.firstpost.com/india/jayaraj-fenix-
policecustodial-deaths-policing-powers-are-sovereign-powersprivilege-and-lack-
ofaccountability-narrows-scope-for-victims-8564281
• Shivani v; The Later Vedic Period | Indian History, History Discussion - Discuss
Anything About History, (Jul.15, 2020, 10:04 AM),
https://www.historydiscussion.net/history-ofindia/later-vedic-period/the-later-
vedicperiod-indian-history/6245.
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