- This topic has 16 replies, 8 voices, and was last updated 1 year, 3 months ago by
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SIndia is one of the countries where police brutality has been accepted as normal. The police talk first with a stick and then with their mouths. In other countries they would lose their jobs.
Anyone who is detained has a chance that the person will be beaten up irrespective of their “alleged” crime or accusations. Many die by the beatings.
Which sections in BNS can be used to file cases against police brutality? What can a common Indian do against these inhumane tortures perpetrated by the police?
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SEvery civilized country has laws against police brutality. Maybe India is not one of them. If lawyers laugh at innocent citizens getting beaten up for no reason, then that makes the entire country a big joke
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UThere are provisions like 120 BNS and 196 BNSS that can be used against custodial violence and deaths. For custodial deaths cases, there are elaborate guidelines given by the Supreme Court.
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HWe already have sufficient laws against police brutality. However, the real issue is practical implementation.
Take for example, the police is required to present any person in their custody before a judicial magistrate within 24 hours of arrest. Now the person arrested can inform the magistrate if police beat him, however, practical reality is that magistrates have 100s of the cases before them on each day. If you have ever been to a magistrates court you would know that it is filled with people; advocates, police, litigants etc., and there is not even enough space to stand in there. In such a situation, the accused is kept standing outside the courtroom while the police go in and seek extension of custody of the accused. The magistrate sees the application, and mechanically grants custody as he does not have time to sit and see each and every accused produced before him.
Also, police have mastered the art of hitting without leaving any marks. So unless you have video evidence, you will never be able to prove that the police hit you. This makes it very difficult and impractical to make accusations against the police as you will not be able to prove it, and they may start targeting you.
But if you are able to prove police brutality then you can file complaint under the relevant sections of BNS for whatever the exact nature of brutality is. If police refuse to file FIR and investigate then you can directly approach magistrate or seek directions from high court in a Writ Petition. If you are illegally detained you can file Habeas Corpus Petition. There are sufficient remedies that already exist.
Also, things like custodial death and torture are not common today. At least not to the point that they used to be in the past. They only do such things if there is a personal issue or external pressure. Also, directions have already been given to install CCTV cameras in all police stations (including the lock up area) by the Supreme Court as well as the NHRC & Ministry of Home Affairs, but this is still a work in progress as it requires lots of funds.
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HDepends on the exact nature of the brutality. There is no specific provision for police brutality, however, the relevant sections for whatever thing is being done applies. Take for example, if hurt is caused then S.115 of BNS, S.103 for murder etc.
However, CrPC / BNSS provides certain protection for official acts done by the police while discharging their duties and prior sanction of government is required in such cases. But official duties do not include illegal acts such as custodial torture or violence.
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LPolice brutality in India is a harsh reality that many face, often without justice. It has become so normalized that people fear speaking up, knowing that those meant to protect them might be the ones inflicting harm. From wrongful detentions to violent custodial beatings, countless lives are shattered, sometimes lost, without accountability.
But the law does provide a way to fight back. Under the Bharatiya Nyaya Sanhita, sections exist to hold officers accountable for custodial violence, wrongful confinement, and abuse of power. The National and State Human Rights Commissions also allow victims to report such inhumane treatment. A common citizen can file complaints, seek legal aid, and demand justice. No one should live in fear of those who are meant to protect them. -
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