Police Duty is to Protect

THIS ARTICLE WAS WRITTEN BY SRI JANANI M, A STUDENT OF SASTRA UNIVERSITY.

Introduction

The police are supposed to be your friend always and never your foe. Serious cases of cruelty by the police authority often stimulate deep public arguments. The prime role of the police is to uphold and impose laws, investigate crimes and ensure security for people in the country. Police need to be well-equipped, in terms of personnel, weaponry, forensic, communication and transport support, to perform their role well.

The varied powers vested in the hands of the police may even mislead them and cause a case of infringement of Human Rights. And there are several cases filed in the courts concerning the remedy from the police to infringe the rights of the citizens. The common people may be misused by the police due to the reason that they do not know the law. This makes an important factor for the common people to know the law.

Investigation Process

The term investigation includes all the proceedings under this code for the collection of evidence conducted by a police officer or by any other person (other than a Magistrate) who is authorized by a Magistrate in this behalf.[1]

Investigation takes place when there is a crime. The offence or the crime may either be

• Cognizable offences/Non-bailable offences – Offence in which the police can arrest the convict without the arrest warrant.
• Non-cognizable offences/Bailable offences – Offence in which the police cannot arrest a person without the arrest warrant.

The First Information Report (FIR) is filed by the police. Once the FIR is registered by the Police. The stages of evidence come into play and it is of 3 parts:

• Recording of the Statements – Section 161 of the Code of Criminal Procedure, 1973
• Collection of the evidence
• Recording of confessions or statements in the presence of magistrate – Section 164 of the Code of Criminal Procedure, 1973

Then, according to Section 173 of the Code of Criminal Procedure, 1973, the final report is submitted to the magistrate. The final report maybe

• Closer Report – No evidence is present to prove that the offender or accused has committed that offence. This report may be accepted, ordered for further investigation or rejected by the magistrate
• Charge Sheet – The complete investigation of the police and it also states the charges against the accused and it is in the prescribed form.

According to Section 209 of the Code of Criminal Procedure, 1973 is the commitment of the case. When the accused is brought before the court, the case is opened by the prosecutor stating the charges against the accused and also, the evidence which proves the accused to be guilty.[2]

Police Brutality

Police Brutality may be stated as a human rights violation. The police officials take their power for granted and exercise excessive force towards the victim during an investigation. This kind of torture may be verbal, physical, or mental harassment which may sometimes lead to death.[3]

Types of police brutalities

• False arrest
• Wrong imprisonment
• Sexual harassment
• Racial discrimination
• Wrongful search
• Wrongful seizure of property[4]

Cases of police brutality

• Sterlite protest firing – The event took place on May 2018 in the Thoothukudi, Tamil Nadu. The protest was done against the proposed expansion of a copper smelter plant belonging to the Sterlite Corporation in Thoothukudi. During this protest, the police tried to stop the protest but since it couldn’t be stopped they started open firing leading to the death of 13 people and injuring 102 people.[5]
• PUDR vs. Delhi Police Headquarters and Another – In this case, a labourer was cruelly beaten leading to his death. The court ordered the Delhi Administration to pay Rs. 50,000/- as compensation.[6]
• Saheli vs. Commissioner of Police, Delhi – A child of 9 years was beaten to death by the police. The police have misused their authority.[7]
• Nilabati Behara vs. the State of Orissa – A mother reported of the death of her son caused due to the multiple injuries while he was in the police custody. The Supreme Court concluded the death to be police brutality and directed for the compensation.[8]
• Sattankulam Custodial Deaths – The father Jayaraj and the son Bennix was said to have a verbal duel with the police over the violation of the lockdown rules for business hours of their cellphone shop in Sattanklam, Tamil Nadu. The Sattankulam police taken the Jayaraj for the inquiry and later knowing this Bennix went to the police station. Both the father and the son was beaten by the police in the police station claiming a reason that they raised a voice and questioned the police. They both died in the hospital due to the thrashing for hours by the police. After a week of their death, the CB-CID has registered murder cases against officers of the Satankulam Police Station and also arrested one of the accused. The Madurai Bench of Madras High Court took suo moto of the case. This case has escalated anger across the state and the next hearing is pending in the court.[9]

Police Complaint Authority

Police Complaint Authority (PCA) is formed after the judgement of the Supreme Court in the Prakash Singh vs. Union of India in the year 2006. PCA consists of Chairman and three members where one must be women. The Supreme Court directed for the reformation of the police in the state and district levels. PCA is a body which deals with the complaints concerning the acts of serious misconduct against any police personnel. The complaint may be filed by the victim, on behalf of the victim, or suo moto. The acts of serious misconduct include refusal to file the FIR, arrest or detentions without any due process of law, inappropriate investigations, custodial torture, extortion, land/house grabbing, or any other misconduct by the police.[10]

Conclusion

All the citizens are equal before the law. This also includes the police who may commit any serious misconduct as mentioned. During this period of quarantine, there are various cases similar to Sattankulam Custodial Deaths which are not coming to light. The public must be aware of the laws to protect them from the atrocities and they must always consult a lawyer when they face such an issue. The people may also file a writ petition in the High Court under Article 226 of the Constitution. As per the guidelines by the court, there must be transparency in the police and all the details must be written in the police diary. Therefore, the police must be abiding by the guidelines and built faith and transparency towards the public.

[1] Section 2(h), The Code of Criminal Procedure, 1973, No. 2, Acts of Parliament, 1974 (India).

[2] https://www.mondaq.com/india/crime/691420/criminal-investigation-for-trial

[3] https://en.wikipedia.org/wiki/Police_brutality

[4] https://timesofindia.indiatimes.com/readersblog/riyable/police-brutality-5920/

[5] https://en.wikipedia.org/wiki/Thoothukudi_violence

[6] (1989) 4 SCC 730 (Division Bench)

[7] AIR 1990 SC 513

[8] AIR 1993 SC 1960

[9] https://indianexpress.com/article/explained/explained-tamil-nadu-police-custodial-torture-father-son-killed-thoothukudi-6479190/

[10] https://blog.ipleaders.in/police-harassment-how-tackle-india/