Police Misconduct and Accountability Kaavya Malhotra Legal Article Fri, Sep 01, 2023, at ,02:33 PM Abstract: Police misconduct is a serious problem in India. It can take forms including physical abuse, verbal abuse, wrongful arrest, and corruption. These misconducts have had very devastating effects on their victims. This has led to trust issues of the public in the police. The following article describes the police misconduct and its problems in India, relevant case laws, solution to the problems of police misconduct and strengthening of laws related to these misconducts.Introduction: Police misconduct refers to unethical or unlawful actions carried out by the police officers in the course of their duties. It includes any behavior that violates the rights or dignity of individuals, usage of excessive force, abuse of authority, corruption, planting false evidence, racial profiling, engaging in discriminatory practices.Even though police misconduct is not a new phenomenon, media coverage and social media has shed light on its prevalence in recent years. Forms of Police Conduct: Use of excessive force: This is the most famous form of police misconduct, and it often occurs when the police use more force than is required to subdue a suspect. Tampering with evidence: This misconduct occurs when the police alter or destroy the evidence in order to either hide the suspect’s crime or make it appear that the crime was committed by someone else. Police brutality: This is the form of excessive force that is used to punish or intimidate the suspects. Mishandling evidence: This occurs when police officers fail to properly handle the evidence or collect the evidence, that can make prosecution difficult. This might also cause a delay in the case which may deny the justice of the victim. False arrest: This may take place when the police arrest an individual without a reasonable cause or based wrong evidence. Corruption: This misconduct occurs when the police use its power to unfairly accept bribes, personal gains, stealing from suspects and punishing the innocent for some extra money. Causes of police misconduct: There are several factors that contribute to police misconduct. Some of the factors are stated below: Lack of training: The insufficient training, toxic work culture, cultural sensitivity and lack of mental health awareness can lead to an environment can lead to officers resorting excessive force. Bias and Prejudice: The bias and unequal treatment of other police officers may influence the officers decision making skills and leads to disproportionate treatment of individuals. Lack of transparency: Inadequate data collection and reluctance to release information hinder the public’s ability to assess the scale of police misconduct.Impact of Police Misconduct: Trust issues of public: Widespread incidents of misconduct have eroded the public trust on the police force, making it harder for the police to carry out their investigations without being trolled or criticized. Inequality and injustice: Due to these frequent misconducts the citizens also feel a sense of inequality and sense of inferiority complex as compared to the rich and powerful. They have generated a sense of insecurity that they will not be treated with equality and will face injustice as the police forces will blindly follow the rich and powerful. Effect on the victims: Victims of police misconduct often suffer from physical, emotional, and psychological trauma. The excessive injuries and usage of excessive force may even result in the death of the victims. This may also lead to the public losing trust in the statute and the police systems. The misconduct of the victims may lead to public humiliation and a loss of dignity. Moreover, it may also erode their trust in the justice system.Laws that acknowledge the misconduct of police officers: There are various laws that acknowledge and control the misconduct of the police officers, some of them are: Section 29 of the Indian police act,1861 Section 197 of the Criminal Procedure Code, 1973 Section 132 of the Criminal Procedure Code, 1973 The police (independence of investigation) Act, 2007 The National Human Rights Commission Act, 1993 Section 330 of the Indian Penal Code. Section 332 of the Indian Penal Code. Section 350 of the Indian Penal Code. The landmark judgements related to the police misconduct: D.K. Basu v. State of West Bengal (1997). Narayanan v. State of Karnataka (2006) Shehla Masood Murder Case (2013) Jyoti Singh Pandey Case (2013) (Nirbhaya case) Solution to prevent police misconduct: Increased transparency: The police should be more transparent with their operations. It also includes misconduct and the public hearings. More severe punishments: The police who perform misconduct should be severely punished. This would be an indication that police misconduct will not be tolerated no matter what. Public awareness: The public should be made more aware of the misconduct. If they ever experience such an incident, they know about their rights and can fight for the justice they deserve. Conclusion: Police misconduct is a huge problem not only in India but also all around the world. Even though there are laws against police misconduct, they are also never properly enforced. There are several things that can be done to prevent such incidents. Transparency, public awareness, and stronger punishments for these misconducts. The laws should also be implemented properly.