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