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