The misuse of authority by police in India is often labeled as excessive force or brutality. While there is no universally accepted definition for this conduct, the issue has gained prominence, especially since the onset of COVID-19, which saw a noticeable rise in police violence.
This rise highlights the urgent need to examine the laws that govern police actions and the judiciary’s role in controlling such behavior. Despite the existence of legal mechanisms, the judicial system has largely failed to put an end to this systemic problem. This analysis looks into the legal framework and court decisions concerning police brutality, uncovering that many such cases still lack resolution or clarity.
The research further examines how existing legal provisions have proven inadequate in delivering justice to ordinary citizens. It also reveals that laws in India often grant police officers immunity, making it harder for victims to hold them accountable. Even when courts do intervene, the outcome usually involves only financial compensation, not criminal prosecution—even in cases involving serious misconduct by the police.
To improve accountability, the study suggests that lower courts should be given more power to handle these cases, not just the High Courts or Supreme Court. It recommends creating new laws or amending current ones to clearly define the criminal responsibility of police officers and to ensure consistent enforcement of the rule of law.
