Debunking 5 Common Myths About Police Powers in India

Myth 1: "Police can't arrest without a warrant."

Reality: The belief that police need a warrant for every arrest is incorrect. Under the Code of Criminal Procedure, 1973 (CrPC), police officers can arrest without a warrant in specific situations. Section 41 of the CrPC empowers the police to arrest individuals involved in cognizable offenses—serious crimes like theft, assault, or murder—without a warrant. This authority is granted when there is reasonable suspicion or credible information regarding the person’s involvement in the crime.

Legal Reference: In the landmark case Joginder Kumar v. State of Uttar Pradesh [(1994) 4 SCC 260], the Supreme Court highlighted that while the police can arrest without a warrant, they must exercise this power with caution and in strict adherence to the law. The decision underscores the need to balance individual rights with law enforcement duties.

Myth 2: "Police have the power to handle family and civil disputes."

Reality: Police involvement in family and civil disputes is often misunderstood. The police do not have the authority to adjudicate civil matters or family issues. Their primary role is to maintain law and order and prevent criminal activities. Civil disputes—such as property disagreements or family conflicts—are meant to be resolved through civil courts or family courts, not by the police.

Legal Reference: The Supreme Court in State of Haryana v. Bhajan Lal [(1992) Supp (1) SCC 335] emphasized that police should not interfere in purely civil matters. Their role is limited to addressing criminal offenses or breaches of peace, not mediating civil disputes.

Myth 3: "Police can watch a crime happen without intervening."

Reality: The notion that police can passively observe a crime without taking action is entirely false. Police officers have a legal duty to prevent crime and protect the public. If they witness a crime, they are obligated to intervene and take appropriate steps to stop the offense. Failure to do so can be considered dereliction of duty, for which they can be held accountable.

Legal Reference: In Niranjan Singh v. Prabhakar Rajaram Kharote [(1980) 2 SCC 559], the Supreme Court made it clear that the police must not remain mere spectators during the commission of a crime. They are duty-bound to act, ensuring public safety and upholding the law.

Myth 4: "Police have the right to use force on any citizen they wish."

Reality: Police do not have the unrestricted right to use force on any citizen. The use of force by the police is governed by strict legal guidelines and is only permissible under specific circumstances, such as self-defense, preventing an escape, or controlling a violent situation. Any use of excessive or arbitrary force is illegal and can result in disciplinary action, criminal charges, or lawsuits against the police officers involved.

Legal Reference: The Supreme Court's judgment in D.K. Basu v. State of West Bengal [(1997) 1 SCC 416] set detailed guidelines for the arrest and detention of individuals to prevent custodial violence and abuse of power. This landmark decision serves as a reminder that police actions must respect the rule of law and individual rights.

Myth 5: "Public can't take action against a police official."

Reality: Contrary to popular belief, the public can take legal action against police officials who act unlawfully or misuse their authority. Complaints can be filed with higher police authorities, human rights commissions, or directly through the courts. Police officials are not above the law, and there are legal mechanisms in place to hold them accountable.

Legal Reference: In S.C. Dubey v. State of U.P. [(2009) 6 SCC 734], the Supreme Court affirmed the right of individuals to file complaints against police officers for misconduct. The Court emphasized that police officials can be prosecuted for wrongful actions, reinforcing the principle that no one is above the law.

Conclusion

Understanding the true extent and limitations of police powers in India is crucial for both law enforcement and the public. By debunking these common myths, we can ensure that citizens are better informed about their rights and the legal boundaries within which the police operate. Knowledge is the first step towards ensuring accountability and justice in any society.