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No Police Officer Can Beat you | Police Misconduct and Laws against it – Judiciary – Free PDF

No Police Officer Can Beat you | Police Misconduct and Laws against it – Judiciary – Free PDF_4.1

Police Misconduct And Laws Against it

  • A traffic constable in Coimbatore Tamil Nadu slapped a Swiggy food delivery partner, and the incident was caught on camera.
  •  The incident took place on june 3 evening when the 38-year-old delivery partner named Mohanasundaram tried to stop a private school bus. On June 4, the constable was transferred after the incident.

No Police Officer Can Beat you | Police Misconduct and Laws against it – Judiciary – Free PDF_5.1

  • The killing of George Floyd due to Police Misconduct has sparked debates around the world.

No Police Officer Can Beat you | Police Misconduct and Laws against it – Judiciary – Free PDF_6.1

What is Police Misconduct?

  • Police misconduct refers to illegal, unethical, or inappropriate actions by police officers on duty. It also includes violations of individuals’ constitutional rights.

Types of Police Misconduct

  • Coercing an Individual in Custody to make a false confession
  • Intimidating an Individual in Custody
  • False Arrest
  • False Imprisonment
  • Falsification of Evidence
  • Tampering or Spoliation of Evidence
  • Police Perjury
  • Police Corruption
  • Racial Profiling
  • Unwarranted surveillance, searches, and seizure of property
  • Police Brutality
  • Sexual Misconduct
  • Custodial Death
  • In a survey the interview was held of 12,000 police personnel from 21 states. The researchers also interviewed over 10,000 members of these police personnel’s families.
  • Three out of every four police personnel believe that the police is justified in being violent towards criminals.
  •  Four out of five believe that there is nothing wrong with beating up criminals to extract confessions.
  • Know Your Rights to Fight Against Police Misconduct

Section 41 of CrPC

  • It states that there can be no legal arrest if there is no information or reasonable suspicion that the person has been involved in a cognizable offence or commits an offence (s)

Section 46 of CrPC

  • It states the mode of the arrest.

Section 50(1) CrPC

  • It highlights that the individual arrested by a police officer has the legal right to know the grounds of the arrest.

Section 54 of CrPC

  • It states compulsory medical examination by a medical officer of an arrested person. Only a female medical officer is allowed to examine a female arrestee.

Section 57 of CrPC

  • The police cannot detain a person for more than 24 hours. A competent magistrate must evaluate the case of the accused individual with the least delay.
  • Police can not slap a person unnecessarily
  • Lodge a  formal complaint to the same police station against the said policeman and mark copy to the DC and also the Police Commissioner.
  •  If police does not take any action in next 15 days, file a Writ Petition before the High Court against police torture praying for appropriate action against the said policeman.

 

 

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No Police Officer Can Beat you | Police Misconduct and Laws against it – Judiciary – Free PDF_4.1

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