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Police Misuse of Force in India

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Context:

Despite India’s constitutional safeguards and procedural codes governing arrests and detentions, a culture of force and fear tactics persists within the police system. A 2025 survey by Lokniti-CSDS and Common Cause, involving 8,276 police personnel, provides revealing insights into police attitudes towards violence, mob justice, and due process.

image 17
Credit: TH

Key Survey Findings:

Endorsement of Intimidation as a Policing Tool

  • 55% of police respondents believe instilling fear among citizens is important:
    • 20% rated it as very important
    • 35% considered it somewhat important
  • Only 30% fully rejected the use of fear, supporting a friendly and service-oriented police force.

Alarming Acceptance of Vigilante Justice

  • Mob violence justified by a significant portion of the police force:
    • Sexual harassment/assault: 27% strongly justified
    • Child kidnapping: 25% strongly justified
    • Cow slaughter: 16% strongly justified; 22% partially justified
    • Pickpocketing/chain-snatching: 16% strongly justified
  • State-specific insights:
    • Gujarat: 51% endorsed mob violence in cow slaughter cases
    • Odisha: 32%
    • Rajasthan: 31%

Split Opinions on Encounter Killings

  • 74% of personnel prioritised legal procedure over extrajudicial killings
  • However, 22% supported encounter killings when they serve the “greater good”, indicating a normalization of extralegal measures.

Gaps in Adherence to Legal Arrest Procedures

  • 80% said a female officer was always present during a woman’s arrest
  • 72% consistently:
    • Informed the accused of arrest reasons
    • Completed the inspection memo
  • However, only 75% reported complete compliance with all procedures
  • 10% admitted they rarely or never follow full procedures

Procedural Challenges: Judicial Presentation and Medical Exams

  • Judicial Presentation:
    • Only 56% found it always feasible to present arrested persons before a magistrate within 24 hours
    • 30% cited a need for extended interrogation time
    • 23% felt 24 hours was insufficient for investigations
  • Medical Examination:
    • 57% said it’s always practical
    • About one-third admitted it’s only sometimes feasible

Implications:

  • The data points to an institutional mindset that condones violence, undermines legal norms, and tolerates vigilantism under certain circumstances.
  • Even when safeguards exist, practical enforcement is inconsistent due to resource constraints, investigative pressures, or cultural acceptance of brutality.

TH

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