Police Accountability - Misconduct And Mechanisms

Author: LawSphereX

Category: General Law

Published: 2026-08-23T20:45:03.939547+00:00

Updated: 2026-08-26T17:10:08.183+00:00

POLICE ACCOUNTABILITY: MISCONDUCT AND

MECHANISMS

Nikhil Kumar, LL.M. (2025-2026), Central University of South Bihar, Gaya Dr. Deo Narayan Singh, Assistant Professor, School of Law & Governance, Central University of South Bihar, Gaya1

ABSTRACT

Accountability promotes the ideals of democracy and aids in transparency by assuring the justification for the action. Police accountability refers to the action taken by police and manner of action taken. Police accountability covers the range of mechanisms and procedures to prevent abuse of police powers. These include internal mechanisms like legislative framework, executive supervision and hierarchical supervision and external mechanisms include judicial oversight, independent agencies, complaint authorities, human rights organization, along with media and NGOs.

Even though there are many police accountability mechanisms yet police misconduct is common and grave concern around the world irrespective of the fact that country is decentralised police model like USA, Canada, UK or India or centralised system like France, the gross misconduct like serious human rights violations, custodial deaths, and police killings are harsh reality. However, independent and autonomous oversight mechanisms and authorities, along with mechanisms like user CCTVS, body cameras, EIS and national level police misconduct database could profoundly enhance the police accountability. Keywords: Police misconduct, Police Accountability, Accountability mechanisms, Use of Force, Custodial Deaths and Violations of Rights.

1 Nikhil Kumar, LL.M. (2025-2026), CUSB2513131027, Central University of South Bihar, Gaya

Dr. Deo Narayan Singh, Assistant Professor, School of Law & Governance, Central University of South Bihar, Gaya.

INTRODUCTION

The word ‘police’ is taken from Greek word ‘police’ meaning city and in Latin ‘poleteia’ which is used for state or government thus in general sense we could say police is an instrument for crime prevention, detection and for law and order situations, these are the basic functions of police and to perform these functions they are given vast powers under the name of state which is often abused and is infamously referred as police misconduct carried out in various forms like custodial violence and abuse of powers of arrest or misuse of authority and prevention of such abuse is necessary to put limitations on such actions, it is carried out through several transparency and accountability mechanisms in form of internal mechanisms (legislative framework and hierarchical supervision) and external mechanisms (judicial oversight, eyes of independent commissions, NGOs and media reporting).

However, the implementation of accountability remains a major challenge and strengthening accountability mechanisms both internal and external is essential to uphold the values of justice and fairness in policing. The police misconduct or abuse of police powers is matter of concern in nearly every part of the world, this article highlights about the policing, the need of policing and then it explores in short to point out about the police accountability and what laws and other mechanisms are there for dealing in such matters relating to police powers in different counties (USA, UK, France, Canada) including India.

The first part of the article discusses about the policing which is largely influenced by Robert Peel’s idea and the need for the policing and second part deals with aspect of accountability, what theories does it inherit, why do we need comprehensive accountability mechanisms. The third part stresses upon the police accountability mechanisms, standardization and what models are followed by different States like in USA, Canada, UK, France and in India and also deals with laws and agencies governing that mechanism. Then, the fourth part highlights the brief analysis of police misconduct including serious misconduct in the different countries even though a wide range of accountability mechanisms are available from internal to external. Finally, the last part eyes on the conclusion which is followed by several suggestions that could be helpful against police misconduct.

WHY DO WE NEED POLICE AND POLICING

The policing refers to activities carried out by police department and the Police department

refers to the branch of government responsible for maintenance of public order, safety and enforcement of laws2. The concept of policing is deeply rooted in the idea of the social contract, whereby individuals, to escape the anarchy, fear and chaos of the “state of nature,” people made a kind of trade with state of freedom against safeguarding life and liberty. This trade or agreement between the people and the state is considered as the base of modern policing and the police are entrusted with the power to maintain peace and security. However, this power is often abused in form of use of unlawful and deadly force, arbitrary arrests, invasive body searches, biased stop-and-search practices targeting minorities, and excessive surveillance are evidently common examples of such abuse around the world.

The idea of Modern policing is said to be based upon the Peel Principles by Sir Robert Peel which stressed upon basic function of police as to prevent crime and maintain law and order through cooperation with the community and was seen during the foundations of London Metropolitan Police in 1829. With time certain key aspects of democracy like transparency and accountability is often demanded in policing for lawful use of the police force. 3 Certainly, the police is a necessary organ and eventually over the centuries there has been constant change in notion of policing from mere an instrument of control to more serviceoriented demand.

But police as an institution suffers from major discrepancies, then problems like that of centralisation and hierarchical issues which often pose threat to functioning, additionally the abuse of police powers are evident all over the world and implementation of accountability remains a major challenge, so, strengthening accountability mechanisms both internal and external is essential to uphold the values of justice and fairness in policing. Further, trust and confidence among public is yet another challenge for police today which depends on police public relation the High Policing (protecting the state like from terrorism, state sovereignty) and Low Policing (deals with everyday law enforcement (like preventing crimes, building trust). 4 2 Meaning of Policing, available at: https://www. collinsdictionary.

com/dictionary/english/policing (last visited 24th Sep 2025) 3 United Nations Human Rights Council, Forty-sixth Session, 22 February–23 March 2021, Agenda Item 3, available at: (https://www. unodc. org/e4j/en/crime-prevention-criminal-justice/module-5/key-issues/2--keymechanisms-and-actors-in-police-accountability-and-oversight. html) (last visited 26th Sep 2025) 4 Jacques de Maillard and Wesley G. Skogan “Policing in France” (in J. de Maillard, W. Skogan, eds, Policing in France, Routledge 1-18) (Maillard Publication, 2020)

ABOUT POLICE ACCOUNTABILITY

WHY WE NEED POLICE ACCOUNTABILITY5:

“It is a fundamental principal of a democratic society that the police should be held to account for their actions. Accountability includes both what the police do and how they perform. Agency-level accountability involves the performance of law enforcement agencies with respect to controlling crime and disorder and providing services to the public” - (National Institute of Justice, 1999) 6 Accountability is important element that prompts the constitutional and community policing efforts,7 accountability in policing refers to mechanisms and processes that ensure police actions and decisions are made transparently, responsibly, and in accordance with laws, policies and there has been no abuse of power.

It can be understood in relational terms, means justifying actions, it may be either vertical or horizontal as explained by Kate Puddister8 (2023), where it was laid down that the “Vertical accountability” (depicts hierarchy and a relationship of control, chain of command) and the “Horizontal accountability” (beyond a hierarchical relationship and where relationship beyond subordinates and their superiors to include outside actors, such as interest groups and communities with vested interests).

THEORETICAL ASPECTS OF POLICE ACCOUNTABILITY

Police Accountability9 promotes more effective and democratic policing it is related with Equity a more fundamental component of democratic policing, emphasising policing services should be distributed fairly and justly to uphold fairness in law. The major theoretical aspects of accountability embedding the concept of equity are: Firstly, Professionalisation of policing, which has significantly influenced the mechanisms and frameworks of police accountability, by aiming police as a dedicated, accountable, and

5 Ibid.

6 Samuel Walker, “Police Accountability: Current Issues and Research Needs” National Institute Of Justice Police Planning Research Workshop Washington, Dc November 28-29, (2006) 7 Importance of Accountability in Law Enforcement, available at: https://www.powerdms.com/policy-learningcenter/importance-of-accountability-in-law-enforcement-powerdms (last visited 30th Sep 2025) 8 Kate Puddister, “Oversight and Accountability for Serious Incidents in Canada: Who polices the police?” Pg 4 to 6 available at: https://wileyonlinelibrary.com/journal/capa 9 Trevor Jones, “Accountability of Policing”, in Handbook of Policing chapter 26 Edited By Tim Newburn (Willan, 2012), available at: (https://www.taylorfrancis.com/accountability-policing-trevor-jones).

ethically grounded profession, it seeks to ensure responsibility for their conduct through disciplinary codes, supervisory review, and adherence to professional standards. Secondly, Nationalisation another theory of policing, where control and oversight of police services become centralized at the national level, nationalisation has historically led to a greater degree of external oversight and standardization. Thirdly, Marketisation refers to the process of introducing market principles into policing, aiming to improve efficiency, cost-effectiveness, and performance standards through competition and private sector involvement. Finally, Pluralisation of policing, refers to the diversification of policing agencies including involvement of multiple organizations.

THE NEED FOR A COMPREHENSIVE SYSTEM OF POLICE ACCOUNTABILITY

The international standards have over and again stressed to work in area of respecting to the basic human rights and it applies to police powers too, so, it is implied that police personnel must have to follow certain professional standards of the conduct which are promoted by international instruments like the Code of Conduct for Law Enforcement Officials10 and Basic Principles on the Use of Force and Firearms11, establishes clear standards of integrity and responsibility. Similarly, Regional declarations and codes, such as the European Code of Police Ethics12, the Seoul Declaration13, and the Harare Resolution14, reinforce these global benchmarks.

International organizations also play a guiding role, as UN monitors and set norms, conduct country reviews, process complaints, and take action when necessary and provide external pressure for reinforcing commitments to ethical policing and human rights standards. After incidents of police misconduct occur, the robust complaints mechanisms become vital, therefore the public complaints and reports of wrongdoing must be examined impartially and promptly should be examined by officials independent from those involved in the allegations. Further, an appeal mechanism is must so as to ensures fairness and transparency 10 Code of Conduct for Law Enforcement Officials, Adopted by General Assembly resolution 34/169 of 17 December 1979. 11 Adopted by the United Nations on 07th Sep 1990, by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba.

12 The European Code of Police Ethics, Adopted by Council for Europe in 2001, available at:

https://rm.coe.int/the-european-code-of-police-ethics-pdf/1680b003e0 (last visited 28th Sep 2025). 13 The Seoul Declaration, Seventh International Conference for National Institutions for the Promotion and Protection of Human Rights, Adopted by Internation Coordinating Committee of NHRIs in 2004, available at: https://ganhri.org/wp-content/uploads/2020/09/Soeul-Declaration-EN.pdf (last visited 28th Sep 2025).

14 Harare Resolution on “The SARPCCO Code of Conduct for Police Officials”, adopted by SARPCCO

(African Organisation) in August 2001, available at: https://www.apt.ch/sites/default/files/publications/SARPCCO.pdf (last visited 28th Sep 2025).

in investigations and outcomes. As regards to domestic accountability in most countries is done through the institutional oversight is done through Executive control exercised through ministries like Ministry of Interior or Justice or Home Ministry, then the judiciary takes up significant role by upholding fundamental rights on cases involving illegitimate police conduct. Similarly, the Parliament maintains a check through lawmaking, budget monitoring, and inquiry commissions. Additionally, independent institutions, like Independent Police Complaint Bodies (mainly in western countries) with genuine independence and sufficient investigative powers.

Additionally, the media oversight is important pillar of police accountability, through investigative journalism, collaboration with civil society, and the rise of social media enable has resulted in dissemination of the information at larger level. A new trend has emerged like that of the examining of performance-based system, the Early Intervention Systems (EIS) which is based on performance of the police and this information is stored in form of data, through this data the higher authorities could potentially identify officers with patterns of problematic conduct and then tailored interventions could be possible. Also, misconduct investigations internal and external play a crucial role in enhancing the police accountability.

15 As regards to police accountability one prominent issue of handling gender-based offences is often neglected, law enforcement seems to not address gender sensitivity particularly in interaction with victims when they are women or member of LGBT and it often leads to secondary victimization. 16

WHY STATES MUST ADHERE TO POLICE ACCOUNTABILITY

Police accountability is very closely concerned with acting within the framework of law and adhering to very basic principles of human rights so that a better law and order situation could be maintained with public trust and confidence. Police powers are granted in name of state, police is given plenty of powers including power to use force against the individual however this power is frequently misused leading to illegal and arrest, custodial violence like torture and death, using powers for personal interest and many other misconducts. State has always stressed upon the institutionalised police powers in name of public welfare and for maintaining

15 Supra note 5.

16 Occurs when the victim suffers further harm not as a direct result of the criminal act but due to the manner in which institutions and other individuals deal with the victim/ European Institute for Gender Equality available at: https://eige.europa.eu (last visited 22nd Sep 2025).

law and order but repeated violations of human rights with advent of democratic principles like transparency and accountability have tried to put check on legitimate use of powers. The police and law enforcement agencies must show adherence to human rights principles, making humane treatment and accountability central to legitimate and effective law enforcement. Further, States that have ratified the Convention Against Torture (CAT)17 and its Optional Protocol (OPCAT) to ensure that detention practices comply with international norms, to prevent torture and have transparent detention procedures and arrests, preserve individual dignity and reinforcing public confidence in policing.

Similarly, The Nelson Mandela Rules18 provide detailed guidance on humane detainee treatment, emphasising transparency through comprehensive custody records, surveillance technologies like CCTV, and robust internal audit mechanisms.

MECHANISMS OF POLICE ACCOUNTABILITY

Policing in the United States is one of the most decentralized systems, with nearly 12,000 independent police departments at local, county, state, and federal levels though there is some autonomy but there are significant challenges in coordination, standardization, and nationwide accountability of the police. 19 Since the 1960s, federal courts like the Supreme Court has played an important role in regulating police conduct through decisions under the Fourteenth Amendment,20 standardising protections related to searches, arrests, interrogations, and use of force. However, judicial oversight is limited in scope, as many times they ignore the dedicated perspective of legislature. Though laws, courts, and oversight bodies attempt to regulate police conduct, each agency has its own rules and accountability structures.

As highlighted by Brandon Garrett and Christopher Slobogin21 (2020), the important rulings like in Tennessee v. Garner22 (1985), the United States Supreme Court held that police cannot use deadly force against a fleeing suspect unless “reasonable belief” of suspicious threat. Later, Graham v. Connor (490 U. S. 386 (1989)) it clarified that police actions should be judged based 17 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Adopted by UNGA on 10th December 1984, by General Assembly Resolution 39/46. 18 The United Nations Standard Minimum Rules for the Treatment of Prisoners, Adopted by General Assembly resolution 70/175, adopted on 17 December 2015. 19 Brandon Garrett and Christopher Slobogin, “The Law on Police Use of Force in the United States” German Law Journal 1526–1540 (Cambridge University Press ,2020)

20 The 14th Amendment, ratified in 1868, available at:

https://constitution.congress.gov/constitution/amendment-14/ (last visited: 30th Sep 2025).

21 Supra note 19.

22 471 U.S. 1 (1985)

on their “reasonableness” at the moment, not with hindsight. These rulings are different unlike to European models, as the U. S. law grants police wide powers in making arrests based solely on probable cause, without balancing necessity and proportionality. In Terry v. Ohio (1968) it was stated that the officers can briefly stop and question individuals based on “articulable suspicion”, even without making a full arrest. Police accountability mechanisms in USA follow three basic things, firstly, the exclusionary rule a legal principle that prevents the use of evidence in criminal trials if obtained through violations of the Fourth Amendment, this is important as being against unreasonable searches and seizures, it mainly aims that illegally gathered evidence cannot be used to convict someone.

However, the Supreme Court has narrowed its application, allowing exceptions when officers act in “good faith”. Secondly, claim to file federal civil rights lawsuits23 individuals can sue police officers and agencies for violating constitutional rights. Yet, the doctrine of qualified immunity often protects officers and criminal prosecution of police misconduct is also uncommon and difficult due to legal barriers and high standards of proof. Thirdly, the investigations by the Department of Justice, under laws like the Violent Crime Control and Law Enforcement24 and occasional legislative reforms along with civilian oversight boards and public complaint systems exist but often lack the authority to impose meaningful penalties or drive systemic change.

Canadian police are subject to horizontal accountability, Canadian police model is decentralised and has plural management based on Anglo-Saxon order, Canada has a democratic policing model mainly based on public consent, the officials are elected a more answerability and adherence to the rule of law including the aspects of accountability is there which ultimately leads to a comprehensive regulatory framework, monitoring and oversight plan including public participation and effective sanctions. 25 There is also a hierarchical supervision, codes of conduct and ethics policies plus internal disciplinary committees, early warning system (EIS) to identify officers of problematic behaviour along with body-worn cameras.

The liability could also be imposed upon police personnel under constitutional and statutory violations either criminal or civil and disciplinary actions along with judicial oversight with regulatory mechanisms like monitoring and supervision, civilian oversight

23 42 U.S.C. § 1983.

24 Act of 1994 (AN ACT To control and prevent crime).

25 Supra note 7.

mechanisms also called Serious Incident Response Teams (SIRTs) and Human rights protection bodies. 26 The United Kingdom’s policing model, decentralised and territorial based Anglo-Saxon approach, founded in ideas of Sir Robert Peel’s. There is democratic relationship between the police and the public, promoting trust and cooperation. The Chief Constables hold top leadership roles and are answerable to elected body Police and Crime Commissioners (PCCs). UK a network of interconnected bodies, like the PCC provide a democratic check by setting policing priorities and monitoring performance. The Independent Office for Police Conduct (IOPC) which monitors the police power abuse, misconduct, and deaths in custody, ensuring an independent review of police actions and also investigates such cases.

Then additionally, agencies like Her Majesty’s Inspectorate of Constabulary and Fire & Rescue Services (HMICFRS) monitors for efficiency, effectiveness, and legality and publishes reports that help improve policing standards. But the complaints have to go to multiple stages resulting in very fewer no of convictions and despite comprehensive structures there are significant challenges, like systemic issues such as racism, misogyny, and difficulties in managing protests, these problems point to ongoing struggles in maintaining effective law enforcement and human rights protections with community trust.

27 The legislative framework of police accountability in England and Wales28 has developed through a series of key acts: from Police Act of 1964 which provided for establishing of new police authorities and also formed a formal basis of current system to Police and Criminal Evidence Act 198429 (PACE), it tried to more regulate police powers and aimed at ensuring more transparency by adding dimensions of accountability and this lead to Police Reforms Act of 200230 which improve police discipline, created new misconduct procedures, and establish oversight mechanisms and created Police Community Support Officers (PCSOs) which increased civilian participation. Furthermore, additional acts like the Police and Justice Act 26 Ilaria Boiano, “Police Accountability in Canada” in Lucia Re, Police Accountability in the United States, Canada, UK, Germany and France 32 (Research Report No.

1, REPOLITY, November, 2024)

27 Id. at 64.

28 Supra note 8

29 An act dealing with in relation to the powers and duties of the police, persons in police detention, criminal evidence, police discipline and complaints against the police... available at: https://www.legislation.gov.uk/ukpga/1984/60/introduction (last visited: 30th Sep 2025) 30 An Act to make new provision about the supervision, administration, functions and conduct of police forces...available at: https://www.legislation.gov.uk/ukpga/2002/30/introduction (last visited: 01st Oct 2025).

200631 further expanded accountability measures, introduced new oversight bodies like the

Independent Police Complaints Commission (IPCC) and was responsible for establishing National Policing Improvement Agency, made provisions for police forces, police authorities, police powers-duties and also about duties of community support officers. In France, the policing is centralized setup and can be argued to be a strong accountability system divided into two main forces: the Police Nationale, which works in cities, and the Gendarmerie Nationale, which operates in rural areas32. However, the France has not left-out with challenges and issues like handling protests and racial demarcation have been a longstanding problem in France and to deal with these concerns, France has both internal and external ways of accountability. Internally, the French has rules like officers must carry a personal ID code called RIO, which helps track their actions if complaints arise.

Their behaviour is also supervised by senior officers and special bodies like the Inspection Générale de la Police (IGP) and the Inspection Générale des Services (IGS), which publish reports on police conduct. Externally, the French Parliament can set up inquiry committees, and an independent body called the Défenseur des droits helps protect citizens’ rights and allows them to file complaints. The media, civil society groups, and international organizations also help by keeping police actions in the public spotlight. Despite these systems, accountability is still fragile as cases of police violence are rising, many result in serious injuries. Compared to European countries, France has not widely adopted peaceful methods like dialogue to handle protests. 33

POLICE ACCOUNTABILITY IN CHINA AND HONG KONG

Police accountability is important to make sure officers follow the law, and it must have lawfulness and legitimacy meaning police must act according to legal rules and court decisions and police behave fairly to meet public expectations. Accountability includes how well police deal with crime, maintain order, and prevent abuse of power, excessive force, bribery, or false evidence. 31 Police and Justice Act 2006, available at: https://www.legislation.gov.uk/ukpga/2006/48/introduction (last visited 01st Oct 2025).

32 Supra note 3.

33 Ester Marello, “Police Accountability in France” in Lucia Re, Police Accountability in the United States, Canada, UK, Germany and France 111 (Research Report No. 1, REPOLITY, November, 2024).

In Hong Kong, police accountability is more open and involves public participation. The Complaints Against Police Office (CAPO) sees complaints as helpful feedback to improve services and bodies like Independent Police Complaints Council (IPCC) is a separate body that checks how complaints are handled. But the mainland China has a more limited system as complaints are often made through petitions, which are complicated and discourage people from using them. Consequently, the victims of police misconduct may turn to protests or violence clearly developing mistrust in the system.34

POLICE ACCOUNTABILITY IN INDIA

POLICE UNDER BRITISH RULE IN INDIA

During British rule in India, the police system was mainly set up to protect colonial interests rather than serve the public. After the 1857 revolt, the British introduced the Police Act of 1861 to create centralized police force an authoritarian and focused more on controlling dissent than preventing crime. Its goal was to shift the responsibility of maintaining internal order this system placed police officers under the control of District Magistrates and limited the accountability merely within the police hierarchy. After independence, this colonial structure remained mostly unchanged. Although policing became a responsibility of state governments and new laws were introduced, the executive control continued, and public accountability stayed fragile.

The Shah Commission35, which reviewed police actions during the Emergency, found serious misconduct and abuse, showing the lack of checks on police behaviour. 36

POLICE ACCOUNTABILITY IN INDEPENDENT INDIA

In India the police fall under the state subject and in recent report37 points that the richest 11 States allocates 4% of their budget funds including police, judiciary, prisons and legal aid. The 34 Ray Chan, “Police powers and accountability in China and Hong Kong: a comparative perspective” Vol. 3 No. 3 Asian Education and Development Studies, 243-252 (2014).

35 After two months coming to power the Janta Government appointed Shah Commission on May 28, 1977

under former CJI J.C. Shah to enquire into allegations of abuse of power, subversion of law and excesses during emergency... available at: https://www.pressreader.com/india/the-indian-express/20250625/281998973440721 (last visited 02nd Oct 2025).

36 G.P. JOSHI “Police Accountability in India” available at:

https://humanrightsinitiative.org/programs/aj/police/papers/gpj/police_accountability_in_india.pdf (last visited 30th Sep 2025).

37 Gender, Caste Diversity Inadequate In India’s Justice System: New Report, available at:

https://www.indiaspend.com/police-judicial-reforms/gender-caste-diversity-inadequate-in-indias-justice-systemnew-report-858495 (last visited: 02nd Oct 2025).

Police in India have been huge power to maintain peace, security, harmony and ultimately to meet ends of justice but these powers are often abused and this power mainly flows from the colonial era authoritarian law Police Act of 1861, this law was created with prime intent to serve the colonial interests but still continued after independence still continues even after decades of independence. This act provides for nearly no accountability mechanisms and even after various recommendations from commissions like National Police Commission38, Ribeiro Committee39, Padmanabhaiah Committee40, Malimath Committee41 and Sorabjee Committee42 the accountability and transparency in police actions still remains the core conundrum and therefore, there is need for a comprehensive police accountability in India.

The police accountability in India has internal and external mechanisms, internal accountability is based on the mechanisms under section 7 and 29 of the Act43, respective state laws, and police manuals. Senior officers can take action against subordinates for misconduct like neglecting duty, using excessive force, or unauthorized activities. Even the statutes like BNSS44 mentions powers of police and how powers could be exercised for instance under section 46 it is provided not to use unnecessary restraint but the on-ground reality is different from theories. External accountability comes firstly through courts, especially through writ petitions and public interest litigations, the Constitution of India guarantees fundamental rights under Part III imposing a public law liability against curtailment of fundamental rights the Supreme Court

is regarded as the guardian of the Constitution. The Apex court in India has come forward many a times from Rudul Shah v. State of Bihar45, to Bhim Singh v. State of Jammu & Kashmir46, to Nelabati Behera v. State of Orissa47 to D. K. Basu v. State of West Bengal48 the court recognised that use of police force has caused violations of the fundamental rights and has also developed concept like compensation, right of legal aid, right of speedy trail and most importantly the right against the police torture and custodial violence. But pertaining to the accountability of police personnel the courts in India have been generally hesitant to prosecute

38 (1977-1981).

39 (1998-1999).

40 (2000).

41 (2003).

42 (2005).

43 Police Act of 1861 [ACT, NO. 5 OF 1861].

44 The Bharatiya Nagarik Suraksha Sanhita, 2023 (earlier The Code of Criminal Procedure, 1973).

45 (1983) 4 SCC 141.

46 AIR 1986 SC 494.

47 AIR 1993 SC 1960.

48 AIR 1997 SC 610.

and convict the police officials especially due to the immunity given under section 19749 and also in the respective state laws. Though Apex Court ruled in Mary Angel v. State of Tamil Nadu50, that the police must carefully exercise the powers and “the extraordinary power to be exercised only in extraordinary circumstances”, but the predicament of police exploited powers of arrest for corrupt practices has been highlighted by Supreme Court itself in Arnesh Kumar v. State of Bihar & Anr51.

Secondly, the external accountability mechanisms can be done through Human rights commissions like the NHRC (National Human Rights Commission) or SHRC (State Human Rights Commission) still their powers are limited as these institutions often give recommendations but due to their non-binding nature such recommendations seem to be less effective (even though they have investigating powers are they merely give recommendation). Along with this NHRC cannot consider complaints for human rights violations which happened one year before filling of complaints and certain central police forces are also excluded from the purview of NHRC. Thirdly, NGOs and media also help to highlight and expose the police misconduct and push for reforms as well.

ABOUT POLICE MISCONDUCT

In general sense it could be said police misconduct is ill-suited or illegal conduct by a police officer in connection with official duties. However, The Police Reforms Act of 2002 of the UK defines misconduct as deviation from professional standards and Gross Misconduct as a breach so serious that it would justify dismissal52. While many broad definitions integrate police misconduct with violations of human rights, use of excessive force, discrimination or prejudice based on age, sex, gender, race, religion, disability etc, at many instances it also includes theft, accepting bribes or demanding bribe, harassments or stalking and sexual assault and also include police brutality and torture, the US Department of Justice goes one step further and expands the scope for inclusion of personnels of nearly all law enforcement officials so as to add them within the definition of misconduct.

49 The Code of Criminal Procedure, 1973 (now under section 218 of BNSS 2023).

50 AIR 1999 SC 2245.

51 AIR 2014 SUPREME COURT 2756.

52 Part 2 Complaints and Misconduct of Police Reform Act 2002, available at:

https://www.legislation.gov.uk/ukpga/2002/30/contents (last visited: 02nd Oct 2025)

POLICE MISCONDUCT IN USA

In USA police misconduct cases are handled by the Department of Justice which investigates police actions alleged uses of excessive force, theft, false arrest, including sexual misconduct, and knowingly ignoring person’s serious medical needs in custody, these mainly caused police officers, correctional officers, probation officers, jailers, prosecutors, or other law enforcement officials. Besides the Constitutional breach, the Department of Justice also prosecutes law enforcement officers for inference for hindering of justice. Additionally, the limits on conduct of law enforcement officers are put-forth by the “Title 18, United States Code, Section 242”, it is a United States federal criminal statute which prohibits law enforcement as well as government officials from wilfully violating any person’s rights protected under the U. S. Constitution or other statutory federal law.

53 As far as police misconduct and gross violations human rights by police in USA is concerned it gives a very grim picture of such an advance and democratic country as there were 324,152 civilian complaints of police misconduct but only 1 in every 7 complaints were ruled in favour of civilians from 2016-2022 and from 2013-23, 12,365 killings by Police in USA54. Further, according to a report55 by U. S. Department of Justice’s on National Law Enforcement Accountability Database, till September 20, 2024, there were 4,790 records of officer misconduct between the years 2018 to 2023. According to “U. S. Data on Police Shootings and Violence”, the law enforcement in the U. S. is responsible for an estimated 250,000 civilian injuries and for killing of at least 600 people and nearly 25% of such persons killed by police are Black males which are only 6. 1% of the total U. S. population.

56 The criminal conviction rate for police officers in the United States is extremely low even in cases of serious harm or homicide around (6. 5%), followed by suspension (4. 8%) and termination (15. 4%) of the total cases reached as complaints. 57 The other negative aspect of police misconduct is the hefty load on taxpayers money, according to 53 “Deprivation Of Rights Under Colour of Law”, available at: https://www. justice. gov (last visited 02nd Oct 2025). 54 “Analysis of data on 13,147 US police departments” available at: https://policescorecard. org (last visited 02nd Oct 2025). 55 Shelley S. Hyland, National Law Enforcement Accountability Database, 2018–2023: Statistical Brief (U. S. Department of Justice, Bureau of Justice Statistics, Washington D. C. , December 2024) available at: https://bjs. ojp. gov/document/nlead1823. pdf, (last visited 04th Oct 2025). 56 U. S.

Data on Police Shootings and Violence, available at: https://policeepi. uic. edu/u-s-data-on-policeshootings-and-violence/ (last visited 05th Oct 2025).

57 Supra note 55 at 7.

a report as high as . 5 billion spent to settle claims of police misconduct and thousands of officers were repeated accused of misconducts. 58 In Canada, there is a living archive of the data specifically dealing with cases relating to deaths in police custody it is called “The Tracking Injustice”59, it reveals that since year 2000 more than 2300 deaths including 86 deaths from January 2025 itself has happened in police custody and an increase in such cases has been stern truth. Along with custodial deaths and violence the, systemic racism and discrimination, sexual harassment within department, violence against women, secondary victimization and problems of gender-based violence including violation of due diligence has been a longstanding issue.

60 The UK has a comprehensive and standardized framework, in UK police misconduct is mainly governed from a bunch of rules and regulations but two acts mainly regulate police misuse and misconduct the Police and Criminal Evidence Act 1984 (PACE) and the Criminal Law Act

1967. In addition to these remedies are available in Human Rights Act specially in European

Convention on Human Rights61. The bodies like Independent Office for Police Conduct (IOPC), a non-departmental public body responsible for monitoring police complaints system including serious issues like serious injuries, custodial deaths in England and Wales. The prosecution is carried out by Crown Prosecution Service (CPS), CPS, in accordance with the Code for Crown Prosecutors based upon principles of evidential sufficiency and public interest, decides whether to prosecute police officers.

There were investigations involved 97,063 complaint allegations against police officers and only total of 1,698 were sent to formal misconduct proceedings and only 585 police officers referred to a misconduct meeting, where proven for 448 officers, out of these the misconduct that were proven it was found that 77% of officers were referred to a misconduct meeting and gross misconduct was proven for nearly 74% of officers referred to a misconduct hearing. 62* 58 The hidden billion-dollar cost of repeated police misconduct (the Washington Post) 9th March 2022.

59 A Living Data Set Tracking Canadian Police-Involved Deaths & Deaths in Custody, available at:

https://trackinginjustice.ca/ (last visited: 05th Oct 2025).

60 Supra note 20.

61 Adopted on Nov 4th, 1950 by Council of Europe and entered into force on Sep 3rd , 1953.

62 “Police misconduct, England and Wales: year ending 31 March 2024”, available at:

https://www.gov.uk/government/statistics/police-misconduct-england-and-wales-year-ending-31-march- 2024/police-misconduct-england-and-wales-year-ending-31-march-2024) * mainly based on 2024 data.

In France, the French Internal Security Code63, including the Code of Ethics, and the Penal Code together provide the legal basis for police conduct regulation and penalties for violations. The Defender of Rights is the independent authority responsible for investigating police misconduct complaints based on administrative law, focusing on breaches of professional ethics. 64 Though there are regulatory frameworks according to a study by the independent French media outlet Basta it was exposed that 746 people were killed between 1977 and 2020 by the police in France and abusive and discriminatory identity checks are a persistent problem in France. 65 Additionally, In December the UN Human Rights Committee expressed grave concern against excessive use of force by police during arrests, road traffic checks, forced evacuations and demonstrations.

There were noted incidents of cases of disproportionately targeting members of certain minority groups, particularly the people of African descent or of Arab origin, migrants and indigenous peoples. The committee also pointed to lack of sanctions against police based on fact that no one had yet been found responsible for the killing of Adama Traoré, a young man of African descent, during a stop-and-search operation by police in 2016. 66

POLICE MISCONDUCT IN INDIA

Police in India is an important pillar of the criminal justice system but police misconduct in is serious issue as it is quite evident even after substantial material and several laws through which it is being regulated, from legislative frameworks like BNS 2023(earlier IPC 1860), BNSS 2023(earlier CRPC 1973), BSA 2023(IEA 1872) to respective state rules, regulations and police manuals, including judicial oversight and monitoring by independent agencies. However, a brief analysis of police actions reveals that there is deviation from professionalism leading to police misconduct. The major problem lies in abuse of the powers and serious concerns like breach of human rights, it is also alarming as most of the cases registered against the police personnel in India goes as false, a few qualify to be charge sheeted and hardly there is conviction.

Further most prominent reasons in grave misconduct like custodial death are suicide, illness or death in hospital and death during escaping from custody. According to 63 In 2012 a legal code was created to bring together legislative and regulatory provisions relating to internal security. 64 “France - Information on Country Independent Police Complaints Bodies”, available at: https://www. policeaccountability-project. com/content/resources/complaints/france (last visited: 29th Sep 2025).

65 France must end police brutality, racist ideology: Expert, available at:

https://www.aa.com.tr/en/europe/france-must-end-police-brutality-racist-ideology-expert/2858208 (last visited: 04.04.2023). 66 “Amnesty International Report on France”, available at: https://www.amnesty.org/en/location/europe-andcentral-asia/western-central-and-south-eastern-europe/france/report-france (last visited: 30th Sep 2025).

Crimes in India Report: • 2005-2009: It is reported in chapter 13 custodial crimes that there were 520 deaths in Police Custody/Lockups during 2005-2009 out of which 227 deaths occurred in police custody remanded by court. Additionally, in Chapter 16 it is depicted that Complaints/cases against Police Personnel during 2005-2009 are huge (2. 5 lacs+) out of which more than 1. 5 lacs+ were declared false and only 20 thousand were sent for trails and charge sheeted, 962 cases were withdrawn/disposed off only 738 went for trail, 438 were acquitted and during this period 2005-2009, merely 243 were convicted. Similarly, 191 cases of Human Rights breaches by Police during 2009, 83 were chargesheet and 58 were convicted.

67 • 2009-2012: During this period reported 468 deaths occurred in police custody, out of these deaths more than 300 deaths occurred when Persons Not Remanded to Police Custody by Court. During this period more than 2. 8 lacs cases were received nearly 1. 5 lacs cases were disposed/withdrawn and only 5363 cases were sent for trails and merely in 218 cases conviction were made. 68 • 2014: 32 deaths reported during remand but only 15 charge-sheeted but no conviction. Total cases registered against police personnel 47774 out of which Criminal case registered was 2600 and ~20000 cases declared as false. Only 1132 personnel were charge-sheeted and only 44 were convicted.

69 • 2016: Custodial death was reported to be 92 in total counting only such deaths that occurred on remand, 3082 cases registered against police personnels with 1331 arrests out of which 100 cases withdrawn/disposed off 73 went for completion of trails and only 31 personnels convicted. Further, 209 cases of human-rights violations were filed 67 Crime in India Report 2009 by National Crime Records Bureau, Ministry of Home Affairs, available at: https://drive. google. com/file/d/13GAER8Cw-42Lwh88lPrD0aNDnk-GKbY2/edit (last visited: 05th Oct 2025). 68 Crime in India 2012 Compendium, by NCRB, available at: Latest Laws (https://www. latestlaws. com pdf. National-Crime-Record-Bureau-Report-NCRB-2009. Pdf) (last visited: 07th Oct 2025).

69 Crime in India Compendium 2014 by NCRB available at:

https://drive.google.com/file/d/1asRapVVDKACxskWVEiisg0NtUYhi5nn9/preview (last visited: 07th Oct 2025)

only 50 personnels were charge-sheeted with zero conviction.70 • 2020: It was reported 76 (including remand & not remand) custodial death with zero conviction for custodial deaths; a total of 4720 cases or complaints were registered against police personnel out 956 charge-sheeted but only 18 were convicted. There were

20 cases of human rights violations with 4 charge-sheeted but zero conviction.71

2021: There were reported 88 custodial deaths with zero conviction in matter related to custodial deaths. Additionally, more than 6100+ cases or complaints against police personnel only 832 charge-sheeted, trails were completed in only 240 cases and mere

15 conviction. Further, 26 cases of human rights violations and zero conviction for

human rights violations. 72 • 2022: the data showed that there were 75 (including remand & not remand) custodial death zero chargesheet zero convictions related to custodial deaths. Also, the total cases registered against police personnel were 2600+ out of which 783 got charge-sheeted and only 12 were convicted. Additionally, 30 Human Rights violations reported cases 24 were charge-sheeted but no conviction. 73 Apart from these reported data and figures the lack of police accountability against the misconducts hidden in roots of immunity given to police officers. The grant of procedural or statutory immunity under Section 197 of the Code of Criminal Procedure, 1973 (now under s.

218 of BNSS 2023) as per this if any accusations on police officer is made relating to any offence committed while performing duty, the court cannot initiate proceedings without government sanction, the situation becomes worse when matter is related under special laws like the UAPA. 74 This provision finds its usefulness as it tries to protect the police officers against false or vexatious criminal proceedings for they being acted in their official capacity, even the courts have interpreted this protection as limited and guided the protection to be given

70 Crime in India Statistics 2016 by NCRB, available at:

https://drive.google.com/file/d/1gBBfsmDpcNo3cDjA8CKoMwbaq2nuQ7uz/preview (last visited: 07th Oct 2025)

71 Crime in India 2020 Statistics- Vol 3 by NCRB, available at:

https://ruralindiaonline.org/en/library/resource/crime-in-india-2020-volume-iii/ (last visited; 07th Oct 2025).

72 Crime in India 2021 Statistics- Vol 3 by NCRB, available at:

https://ruralindiaonline.org/en/library/resource/crime-in-india-2021-volume-iii/ (last visited: 07th Oct 2025)

73 Crime in India 2022 Statistics- Vol 3 by NCRB, available at:

https://ruralindiaonline.org/en/library/resource/crime-in-india-2022-volume-iii/ (last visited; 07th Oct 2025)

74 R.S. Chikara and Anisha L., “Exploitation of police immunity”. Deccan Herald, 02nd Aug 2021.

only in official capacity but the NCRB data reveals different on ground reality as percentage of conviction for police misconduct is extremely rare. Reflecting the on-ground reality of thought in a study75 on police personnel, it was concluded that there are homophobia and transphobia within the police force, many of whom believe hijras and transgender individuals are “naturally prone to committing crimes”, there was also similar biasness recorded for Dalits and Adivasis in Gujrat Police and majority of Delhi Police personnel believed Muslims more “naturally inclined” towards crime.

CONCLUSION AND SUGGESTIONS

CONCLUSION

Accountability is a broad spectrum covering the ideals of transparency, it makes the person to be responsible for the actions taken and demands a reasonable satisfactory answer for the action. It is multidimensional in a sense it has aspects of efficiency and includes democratic character in law enforcement, the accountability which stands firm as wall against the misuse of or abuse of powers. Similarly, the police accountability ensures justification of police action done in colour of official duty, it is one of the fundamental tools to address the police misconduct and to uphold the rule of law.

The abuse of police powers is a common concern in nearly all the countries around the world main carried in form of custodial violence, torture or abuse of position and to prevent such misconducts countries have their own set of laws, procedures and agencies but still the police misconduct is evident. Misconduct refers to illegal or inappropriate conduct and police misconduct signifies the deviation of police personnel from professional standards and includes serious breaches like custodial torture, police use of force and discrimination. The western countries like USA have a decentralized model of police and police in US is mainly controlled by federal courts especially the Supreme Court which regulates the police conduct. Decisions like Tennessee v. Garner76 and Graham v. Cornor77, US courts have given wide discretion to police.

The police accountability mechanisms in USA are mainly based upon the principles of exclusionary rule, also addressing the violations of civil rights and the Department 75 Vedaant Lakhera, “Policing with prejudice: Report finds caste and religious bias among law enforcers”, The Hindu Frontline, Apr 05, 2025 14:13 IST.

76 471 U.S. 1 (1985)

77 490 U.S. 386 (1989)

of Justice mainly investigates the cases of police misconducts such cases theft, false arrest, substantial risk or harm to the person in custody and there are huge number of cases are filed against the police in USA, over 12,000 cases resulted in police killings between 2013 to 2023 and more than 3500 custodial deaths reported between 2016 to 2022. Similarly, Canada also follows a decentralised model of police and for police accountability it has a comprehensive regulatory framework with oversight and public participation. The liability upon the police is constitutional and statutory and the supervisory methods like EIS along with civilian oversight like Serious Incident Response Team. Likewise, the UK also follows a decentralized police system having comprehensive framework and acts like the PACE Act including independent bodies like IOPC and the community policing principles.

The chiefs are responsible to police crimes commission (an elected body) and institutions like IOPC investigates the complaints of misconduct. In contract, France has a very centralised system, the police accountability model in France is mainly based upon simple things like carrying of IDs, tracking complaints against the police and responsibility before higher bodies like Inspector General. Along with this, there are independent civil rights bodies and media groups which monitor the accountability. The “police” in India is decentralised as categorised as state subject and from very British Rule to till today police in India is mainly governed through Police Act of 1862 a colonial legislation and this act continued even after the independence, though there were many reforms recommendations.

It is important to note that the police accountability mechanisms in India is having quite limited impact and even if we leave the internal mechanisms like the legislative framework the external mechanisms like judicial oversight and independent bodies have not been that significant and there is need to seriously address the inclusion of more independent and oversight bodies in India. It is crucial to understand that police in different countries operates on different models based on form of government and consequently, a uniform model for accountability is not possible that would apply to nearly all the police around the world but certain mechanisms can be placed on every police so that there be certain check on the police powers and those powers are exercised in lawful and legitimate manner.

This could be enhanced by improving the accountability mechanisms adhering to basic democratic principles upholding the rule of law and justice.

SUGGESTIONS

There are several intricacies in India’s police system due to which the accountability

mechanisms are not properly addressed. Major problems like lack of a national database to track police misconduct similar to USA which has National Law Enforcement Accountability Database (NLEAD) to record and monitor instances of police abuse. Moreover, there is lack of Police Complaint Authority and disparity between states and district police complaint authority, in Prakash Singh & Ors vs Union of India and Ors78: Specially the direction of court for establishing a State Police Complaints Authority (SPCA). As even after years of this judgement only 14 states have SCPA and 11 states have no SCPA, additionally, out of 14 only 11 are functional and nearly 50% of SCPA’s have no rules of procedure for inquiring into complaints of serious misconducts. Further, challenges like independent appointment of Chairman/Member is a major violation of this judgement.

79 We can make police more accountable and reduce the police misconduct by adopting some reformative mechanisms suggestions like: - i. Installing CCTV cameras with night vision in all police stations (mainly to deter the grievous misconducts like custodial torture) in strictly accordance with the decision of hon’ble Supreme Court in Paramvir Singh Saini v. Baljit Singh & Others. 80 ii. Therefore, it is dire need to establish State Police Complaints Authority (SPCA) along with rules and procedures and formulate special courts to fast-track such cases. iii. Better implementation of decisions of Supreme Court like that of Arnesh Kumar v. State of Bihar & Anr81: where it was highlighted that police abuses power of arrest mainly for corrupt practices.

So, the power of arrest is major area of police misconduct which need to be curbed and limitations like use of arrest for offences punishable for

5 years or above.

iv. Applying the burden of proof rule for injuries sustained in police custody, shifting it to authorities to explain the custodial injuries. Additionally, proper medical examination and photographs of person detained/taken in custody should be uploaded. v. A national level database to track cases of police misconduct and use of live display

78 (2006) 8 SCC 1

79 Police complaints authorities in India status, gaps & challenges, available at:

https://www.humanrightsinitiative.org/press-releases/police-complaints-authorities-in-india-status-gapschallenges (last visited: 14th Oct 2025)

80 AIRONLINE 2020 SC 871

81 AIR 2014 SUPREME COURT 2756

data through website for displaying record of serious police misconduct as used by Canada (“The Tracking Injustice”). vi. Use of Dash Cameras and Body Worn Cameras, to record the instances of police-public face-off. vii. A state level tracker like that of Early Intervention System (EIS) and database, to keep

check on police personnel accused of police misconduct and so as to identify personnels that are likely to misconduct based on their past record. And psychological help could be assigned to such personnels. viii. Increase in conviction rate though not harsh sentencing as there is no aim for revenge but legal atonement of guilt. ix. Though Indian model doesn’t allow electing leaders/chiefs of police but the increase in public-participation and expanding community policing initiatives like Kerala’s Janamaithri Suraksha Project and Maharashtra’s Mohalla Committees should be encouraged. x. The bodies like National Human Rights Commission (NHRC) and State Human Rights Commission (SHRC) should be given more autonomy for investigations and power for implementation of it’s recommendations specially in matters of police misconduct leading to human rights breaches.

REFERENCES/BIBLIOGRAPHY

i. United Nations Human Rights Council, Forty-sixth Session, 22 February–23 March 2021, Agenda Item 3, available at: (https://www. unodc. org/e4j/en/crime-preventioncriminal-justice/module-5/key-issues/2--key-mechanisms-and-actors-in-policeaccountability-and-oversight. html). ii. Jacques de Maillard and Wesley G. Skogan “Policing in France” (in J. de Maillard, W. Skogan, eds, Policing in France, Routledge 1-18) (Maillard Publication, 2020). iii. Samuel Walker, “Police Accountability: Current Issues and Research Needs” National Institute of Justice Police Planning Research Workshop Washington, Dc November 28- 29, (2006) iv. Importance of Accountability, available at: https://www. powerdms. com/policylearning-center/ (last visited 30th Sep 2025). v. Kate Puddister, “Oversight and Accountability for Serious Incidents In Canada: Who polices the police?

” Pg 4 to 6 available at: https://wileyonlinelibrary. com/journal/capa vi. Brandon Garrett and Christopher Slobogin, “The Law on Police Use of Force in the United States” German Law Journal 1526–1540 (Cambridge University Press ,2020) vii. Brandon Garrett and Christopher Slobogin, “The Law on Police Use of Force in the United States” German Law Journal 1526–1540 (Cambridge University Press ,2020) viii. Lucia Re, Police Accountability in the United States, Canada, UK, Germany and France

32 (Research Report No. 1, REPOLITY, November, 2024).

ix. Ray Chan, “Police powers and accountability in China and Hong Kong: a comparative perspective” Vol. 3 No. 3 Asian Education and Development Studies, 243-252 (2014) x. G.P.

JOSHI

“Police Accountability in India” available at: https://humanrightsinitiative.org/programs/aj/police/papers/gpj/police_accountability_ in_india.pdf (last visited 30th Sep 2025).

xi. “Deprivation Of Rights Under Colour of Law”, available at: https://www. justice. gov https://policescorecard. org xii. Trevor Jones “Chapter 26 Accountability of Policing”, in Handbook of Policing Edited By Tim Newburn (Willan, 2012). xiii. National-Crime-Record-Bureau-Reports- (2014, 2016, 2020 & 2022) (NCRB). xiv. “France - Information on Country Independent Police Complaints Bodies”, available at: https://www. police-accountability-project. com/content/resources/complaints/france Ullah, F. (2024). Colonial policing and police administration in erstwhile Northwest Frontier Province and tribal areas of British India. Cogent Social Sciences, 10(1). xv. Shelley S. Hyland, National Law Enforcement Accountability Database, 2018–2023: Statistical Brief (U. S. Department of Justice, Bureau of Justice Statistics, Washington D. C. , December 2024) available at: https://bjs. ojp.

gov/document/nlead1823. pdf.