Protectors And Oppressors: Does Police Brutality Stem From Legal Insufficiency?
- IJLLR Journal
- Sep 29
- 2 min read
Ayusshi, LLB, Jindal Global Law School, OP Jindal University
Introduction
The year 2024 marked the enactment & implementation of the new Criminal Procedure Code (Bharatiya Nagarik Suraksha Sanhita) with the grand claims and ambitious promises of replacing a colonial-era legal framework that had its roots in Indian justice system for over a century. However, towards the end of the same year, in District Jail of Guna in Madhya Pradesh, the son of one of the petitioners, Deva Pardi was murdered. Prior to being subjected to sexual abuse, physical torture for hours and eventually death, the deceased was taken into the escort van to the Government Civil Hospital where he was assaulted, stripped naked and threatened with regard to the petition filed by his father. Though the Gwalior bench of MP High Court admitted to the discrepancies in the investigation process and an FIR has been registered against the accused inspectors and constables, the distrust in the capability of BNSS invites rightful critic. According to the yet-to-be-updated figures from the National Human Rights Commission (NHRC) which fails to capture the current reality of custodial deaths in India, the Ministry of Home Affairs stated that there have been around 669 registered custodial deaths in the last five years till 2022. While the actual figures might be higher than what is being recorded and showcased especially due to the intersectional and socio-economic disparities in the country, we shall examine the foundation of the Indian legal system through the lens of its procedural law, BNSS. The focus will be on the analysis of Chapter XII which gives some questionable powers to the Police in the name of ‘Preventive Action’ along with Section 187 with its concerning ‘forty days or sixty days’ bracket that brazenly attacks the rights of the accused(s).
