Police brutality and Misconduct.

Police machinery is one of the important parts of this country. They play a major role in maintaining law and order in state. From arresting local goons to safeguarding the country from foreign threats, our police department perform all kinds of duties. They help and assist us in every major part. However, this is only not our Indian police is known for. They are known for their brutal behavior not only on offenders but also on innocent people. There are a large number of people who have witnessed police brutality in India. Every year hundreds of videos surfaces on social media showing cases of police violence. However only few of them actually get covered in mainstream media.

The recent controversial case of police brutality in India was the custodial death of Father and son in Tamil Nadu. These two were picked up by the police for violation of lockdown norms in 2020. It was alleged by the family members that they were tortured by the policemen which further led to their death. Unfortunately, the verdict of the case is still pending.

To fight against the misconduct of police, knowing your rights is very important. An arrested person must know his rights that fall under Article 21 of the Indian Constitution.

1. 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.
2. Section 46 of CRPC – It states the mode of arrest. Only a female officer can arrest a female accused. Furthermore, a woman cannot be arrested after 6 pm and before 6 am, except in exceptional circumstances.
3. Section 49 of CRPC – It states that the person arrested shall not be subjected to more restraint than is necessary to prevent his escape.
4. Section 50(1) of CRPC – It states that every police officer arresting any person without warrant shall communicate to him the offence for which he is arrested.
5. Section 50(2) of CRPC – It states that when a person accused of a non bailable offence is arrested by a police officer, he shall inform the person arrested that he is entitled to be released on bail and that he may arrange for sureties on his behalf.
6. Section 51 of CRPC – This section allows a police officer to search the arrested person. Whenever it is necessary to cause a female to be searched, the search shall be made by another female with strict regard to decency.

By keeping in mind, the above-mentioned laws, one can reach to National and the State Human Rights Commission to seek compensation. 1

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

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The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

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