We see in many incidents that the Police beats unnecessarily to the people. But can Police beat you up unnecessarily or beat you up or Harass you for anything by force or intentionally? The answer is no- No Police officer can beat you unnecessarily. Let us see Police Misconduct and the laws against it. If Police slaps you without any reason then what laws are available to you against that Police officer?
Some Incidents that was viral related to Police misconduct
1. 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.
2. 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 with 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 are justified in being violent toward criminals. Four out of five believe that there is nothing wrong with beating up criminals to extract confessions. But Law says that No Police officer can beat you unnecessarily or without a strong reason.
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 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 / No Police Officer can beat you, What you can do if a Police officer misbehaves with you?
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 the police do not take any action in the next 15 days, file a Writ Petition before the High Court against police torture praying for appropriate action against the said policeman.
Conclusion
Whenever a Police officer is beating someone in front of you or beating someone while doing an arrest then you should take action against him and ask him the reason why he is beating you or any other person. Do they have the right to do so? In such a situation it is necessary for you people to be aware of your rights against the police officer if needed.
