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Police Brutality and Misconduct in India: A Relook into the Criminal Justice System

Author: Soumya Khandelwal, Student, Amity Law School, Noida, India

ABSTRACT Any form of physical violence including custodial death, extra-judicial killing or custodial rapes, strikes a blow at the Rule of Law, is police brutality. Police torture has been since time immemorial but the recent incidents of atrocities by police fraternity seriously question the credibility of the existing criminal system. The standard of force and use of physical violence used by the police is so excessive that it violates a person’s fundamental right. In the words of former Chief Justice of India, Justice Dr A.S. Anand, "Torture is the very negation of human dignity and cuts at the roots of human rights". In the past few decades, several measures have been initiated to make serious police reforms. In the case of Prakash Singh v. Union of India laid Supreme Court laid down several guidelines regarding police reforms in India but little action was taken to implement them. This paper highlights the various provisions of constitutional and criminal laws in dealing with police act which affects the life of a person. The paper lays down the probable suggestions and the way forward to combat police brutality in India.

Keywords: Police System, Constitutional Law, Criminal Law, Reforms.

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