This document discusses police deviance and the legal mechanisms in place in India to provide remedies for violations of constitutional rights by police. It outlines two main remedial mechanisms - court-based judicial remedies that citizens can pursue, as well as internal disciplinary authorities. It also discusses laws and Supreme Court cases that have found custodial torture, third-degree interrogation techniques, and excessive use of force to be unconstitutional. The document aims to analyze restraints on police powers and how citizens can seek remedy for police deviance in India.
“White collar crimes are a big global concern and is increasing at an alarming rate. Various studies have proved that the financial loss to the society from white collar crimes is much more than the other crimes. India is a developing country and white collar crimes are not only a detriment to the economic growth of the country but also spoils the image of our country.”
Created By:
Tejinder Singh
Counsel
Ricky Chopra International Counsels
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Read here https://rickychopra.co/2018/02/21/white-paper-on-white-collar-crime/
“White collar crimes are a big global concern and is increasing at an alarming rate. Various studies have proved that the financial loss to the society from white collar crimes is much more than the other crimes. India is a developing country and white collar crimes are not only a detriment to the economic growth of the country but also spoils the image of our country.”
Created By:
Tejinder Singh
Counsel
Ricky Chopra International Counsels
website: rickychopra.co
Read here https://rickychopra.co/2018/02/21/white-paper-on-white-collar-crime/
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3. Structure of Legal restraint on
Police Powers
We will discuss on following topics
1. Reasons for Restraintment on Police Powers
2. Mechanism for Remedy against Police Deviance
Unconstitutionality of use of Third Degree Methods and Fatal Force By Police
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6. Supreme Court of India
A judicial remedy in
the form of cause
of action against
police officers for
violation of
constitutional
rights as a means
of enhancing police
accountability.
Court-based judicial
remedies
7. Public Law Liability
Case 1 Case 2 Case 3 Case 4
Rudul Shah vs.
State of Bihar AIR
1983 SC 1086
A.V. Janaki Amma And Ors.
vs Union Of India 2004 (1)
ALD 1
Sebastian Hongray vs.
Union of India AIR 1984
SC 1026
Bhim Singh vs. State of
Jammu and Kashmir
AIR 1986 SC 494
Public law liability with respect to police forces
finds its source in the Constitution of India and administrative law.
9. Punishment in Appeals
From Disciplinary
Proceedings
• Internal disciplinary authorities
B.C. Chaturvedi v. Union of India AIR 1996 SC 484
“disciplinary authorities are fact-finding authorities
and have exclusive power to consider the evidence with
a view to maintain discipline.
The High Court/Tribunal, while exercising the power of judicial review,
cannot normally substitute its own conclusion on penalty and
impose some other penalty.”
10. The PCA is essentially a body
that can receive and hear
complaints against officers of
all ranks.
Police Complaint Authorities
11. Prakash Singh v. Union of India
The Supreme Court gave detailed directions which are to be followed
by the Centre and State Governments until legislations in this regard are
enacted.7 The directions include :-
(1) To constitute a State Security Commission
(2) The selection and minimum tenure of Chief of Police (DGP);
(3) Minimum tenure of other police officers including Inspector General of
Police (IGP), Deputy IGP, Superintendents of Police in-charge of
districts and Station Officers;
(4) Separation of function
(5) To set up a Police Complaints Authority;
(6) To set up a National Security Commission;
(7) To set up a Police Establishment Board which will decide issues
concerning transfers, postings, promotions and other service related
matters of officers below rank of Deputy Superintendent of Police.
12. The National Human Rights
Commission (“NHRC”)
Case of Kerala
Police which led to
Death Case
No.64/11/1999-2000
Uttar Pradesh Case
No. 14071/24/2001-2002
16. Police Torture, Third Degree,
Atrocity etc..
Joginder Kumar v. State of UPAIR1994SC1349
The precious right of Article 21 cannot be denied to convicts,
undertrials, detenus and other prisoners in custody, except
according to the procedure established by law .
And for that this court has issued directions for Arrest.
17. Raghubir Singh v. State of Haryana
The State shall organize special strategies to prevent and punish
brutality by police methodology. Otherwise, the credibility of rule of
law will deteriorate. The court is deeply disturbed with the facts of
the case. It is unlawful when the guardians of the law gore human
rights to death.
18. Francis Coralie Mullin v UT of Delhi
● Condemned the cruelty and torture and held it unconstitutional.
● Any form of degrading treatment constitute an inroad into the
right to live.
19. Sheela Barse v. State of
Maharashtra AIR 1983 SC 378
Court gave directions to ensure
protection against torture and
maltreatment of women in police
lock-up.
- separate lock ups
- female constables to guard female
suspect
- interrogation of female should be
carried out only in the presence of
female constable
Arvindersingh Bagga v State of
UP AIR 1995 SC 117
Torture :
- Physical
- Mental and
- psychological torture
- anything to create fright
To make her submit to the demand of
police.
Awarded Compensation to victim.
20. D. K. Basu v. State of WB
AIR 1997 SC 610
Court issued requirements to be
followed in all cases of arrest or
detention till legal provisions are
made in that behalf as preventive
measures.
Nilabati Behera v. State of
Orissa
AIR 1993 SC1960,
- Award of compensation
-The defense of 'sovereign immunity'
in such cases is not available to the
State.
-
Custodial
Violence
