IDEAS TO REFORM POLICING

               IDEAS  TO REFORM POLICING

Making some amendments in the Indian Penal Code, 1860,the Indian Evidence Act,1872 and the Code Of Criminal Procedure ,1973 shall be a great revolutionary path in the Police Reforms.

1. Amendments In the Indian Penal Code,1860

As we know that there is separate section  in the IPC for the Dowery Death (Section 304B ),Causing grievous hurt by acid Attack (Section 326A) ,throwing or attempting to throw acids with intent to cause grievous hurt (Section 326B) etc,but there is no separate section in the IPC for punishing Corrupt Police Officers.

Fake Encounter committed by police shall be punishable with death under a newly inserted  section namely section 302A of the IPC. Similarly, death in police custody due to use of third degree (torturing ) or otherwise torturing by police even without being in custody against a person shall be punishable with death under section 302B of the IPC.

Under section 163 of the CrPC  (the Code Of Criminal Procedure,1973) ,it is directed by the law to police to not offer to any person  inducement, threat or promise in the course of any investigation. Section 24 of the Indian Evidence Act,1872  provides that a confessional statement given by the Accused under  inducement, threat or promise shall not be admissible as evidence. Article 20 (3) of the Indian Constitution provides that  No person accused of any offence shall be compelled to be a witness against himself. So,it is evident that compelling or threatening even an accused person  to make a statement is illegal and unconstitutional. Therefore, separate section  in the IPC shall be inserted against the torture done by police.

Section 323A of the IPC shall be inserted against Voluntarily causing hurt by police which shall be punishable for three years, section 324A of the IPC shall be  inserted against Voluntarily causing hurt by dangerous weapons or means by police which shall be punishable for seven  years, section 325A of the  IPC shall be inserted against Voluntarily causing grievous  hurt by police which shall be punishable for ten  years and section 326C of the IPC shall be inserted against Voluntarily causing grievous  hurt by dangerous weapons or means  by police which shall be punishable for life time imprisonment. Voluntarily causing hurt by police  under  a newly inserted section 321A of the IPC and Voluntarily causing grievous  hurt by police under  a newly inserted section 322A of the IPC  shall consist within its definition  that acts of hurt and grievous hurt caused  in police custody or otherwise like hurt or grievous hurt caused in the course of arresting a person, taking that person to the police station or court, causing hurt or grievous  hurt by police against any person  after reaching at the spot  or in the course of investigation etc.

There is no provision of punishment against illegal arrest done by the police. Such illegal arrest shall deemed to be wrongful confinement and accordingly the police officers   shall be punished after inserting a new section namely 344A of the IPC  and the day of punishment shall be equal to the day of illegal arrest of a person. For the example, If a person remains in police/judicial custody for 20 days due to illegal arrest, then the police officers  shall also be jailed for 20 days. Arrest without evidence shall also deemed to be illegal arrest because section 41A of the CrPC provides that a person having no sufficient evidence against him should not be arrested but should be released  after executing notice to him.

A person detained without warrant should  be produced before the court within 24 hours  under section 57 of the CrPC  or a person arrested after warrant should be produced before the court within 24 hours under section 76 of the CrPC,but there is no provision of punishment in failure of the compliance of these provisions. So, in failure to comply these provisions, there shall be punishment after inserting a new section namely 166C of the IPC and concerned police officer  shall be punished for 1 year.

Sometimes police officers  don't  register complain in the required sections with an intent to reduce the quantum of punishment  and sometimes police officers register complain in such sections which are not required as per  alleged offences  but these sections are charged   deliberately to increase  the quantum of punishment. So, section 166D  of the IPC shall be  inserted to punish in such cases and they  shall be punished for  1 year. 

If a person is implicated falsely by the police officers or any public servant, or he is implicated with the help of police officers or any public servant, then there is no special section for punishing such corrupt police officers or public servants. So, section  182A of the IPC  shall be inserted to punish such officers  and they  shall be punished for seven years .

2.Some Amendments in the Code Of Criminal Procedure,1973 along with Amendments in the Indian Penal Code,1860

Section 129 of the CrPC provides  power to Executive Magistrate or officer in charge of a police station to disperse such unlawful assembly   by use of civil force  which can cause a disturbance of the public peace. But the meaning of the Civil Force is not defined in the CrPC. However,   in view of section 130(3) of the CrPC, it can be analysed that a  little force  causing a little injury is civil force. In section 129 of the CrPC, sub-section 3 shall be inserted and civil force shall be defined. Then whoever being  an executive magistrate or police officer  shall use force beyond  the definition of civil force shall be punished  either under section 323A,324A,325A ,326C,304  and 302 of the IPC as per the quantum of force applied by the officers and intention reflected.

Death  due to police firing shall also be deemed to fake encounter if it is proved that  the right of private defence of the body extends to causing death  as specified in section 100 of the IPC is not applied to cause death  of a person due to clash occurred  between police and public. In such circumstances, when there is the death of a person  due to police firing and  the right of private defence of the body extends to causing death  as specified in section 100 of the IPC is not applied to cause death  of a person, then  officers  shall be punished  with death under section 302A of the IPC for causing death in fake encounter.


3.Amendment in the Indian Evidence Act,1872

In all above offences that shall be inserted after insertion of new sections of the IPC,the burden of proof shall lie on the  victim person to prove  that he has been victim of above offences or any of above offences or shall lie on the eyewitness to prove or shall lie on the informant   to  prove. Accordingly, a new section  103A of the Indian Evidence Act,1872 shall be inserted  to make this law functional. However, the burden of prove shall already lie on the person who is alleging something as per the present provisions  in  the Indian Evidence Act,1872  but if there is the  above allegations against police ,then the allegation is dismissed merely on the proof presented by  police  that he has  not committed  that offence. So, there is need to insert this section.

4.Enacting a special act  for instituting   CCTV Camera

A new act shall be passed to institute CCTV Camera in all public place and govt and private office. Each place of the police station and chamber of police officers shall also be covered under CCTV Camera having availability of voice recording in the Camera. Whoever will contravene the provision of instituting CCTV Camera after allotment of fund by the Govt in this regard, then he shall be punished under this act for six months if  Camera has not been instituted due to negligence and he shall be punished under section 13 of the prevention of Corruption Act,1988 if the fund provided for the CCTV Camera has been chewed up.

5.All above offences  shall   be cognizable, non-bailable , non-compoundable and triable by the court of session.

6.No previous sanction of the State or Central Govt, as the case may be, shall be required under section 197 of the CrPC  for taking cognizable by the court  in case of a public servant accused of any offence alleged to have been committed under above newly inserted  sections and act. 

All  Such  amendments need to be brought if we want to remove the fear of police from the mind of the people and if we want to make every person competent to access to the legal proceedings.

All  Such  amendments are a proposed draft prepared by me but it is not possible in the present circumstances of the country to pass this draft and make an act. It  will require a revolution. Let’s start a revolution since now.

(Views expressed are the personal views  of the Author)

Rahul Kumar

Class-Deg-II (Economics)

Roll No-23

CM College, Darbhanga

Mob-07759071885 and 07654528780