Parul & Ankit Paul Kaur, School of Law, Lovely Professional University
ABSTRACT
“The rights of every man are diminished when rights of one man are threatened”
- John F. Kennedy1
The concept of abuse of power is inbuilt in the nature of every living being, what matter is that how we respect the powers granted to us. Since the establishment of law enforcing authorities, brutality has always been in the nature of policemen. “The Police Act defines Police as an instrument for the prevention and detection of Crime”. Code of Criminal Procedure, 1973 and the Police Act, 1861 grants police the powers to maintain law and order in the society. However, these powers are heavily misused and the results are apparent in the society. Justice delayed is Justice denied, keeping that in mind India has array of laws prevailing in whole of the country. To ensure justice, legislature provides the different set of rules and regulations in order to maintain peace and harmony in the state. Criminal justice system of India has the largest Constitution in the world followed by rigid substantive and procedural laws such as Indian penal code, 1880 and code of criminal procedure, 1860. Unfortunately, criminal justice system not only in India but also in other countries lacks in ensuring the justice to the victims of police brutality. This research paper contains the aspects of both doctrinal and empirical data for the better understanding of the situation. Moreover, the article also contains few questions of law. Firstly, how people compromise their security by the hands of the authorities which vowed to protect them and how the basic human rights get violated by the actions taken by the police? Secondly, how the judiciary fails to ensure justice to the victims of the brutality and how the police is not held accountable for the crimes done by them.
The objective of this research paper is to unveil the loophole in the legislation and powers granted to the law enforcing officers. This research paper will also lay sight on the laws, precedents and the recent amendments made in context of police brutality.
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