NGO reports gaps in police personnel’s ability to follow the rule of law

Kerala Police had the highest compliance at 94 per cent — but the others were a little shocking

Police action against Jamia Millia  students, 15 December 2019
Police action against Jamia Millia students, 15 December 2019
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PTI

An NGO has flagged alleged "disregard" for the rule of law and "inadequate compliance" with arrest procedures by some police personnel during their work, as it released a report on the status of policing in the country.

According to the report Status of Policing in India Report 2025: Police Torture and (Un)Accountability by the NGO called Common Cause, a significant proportion of police personnel "justify the use of torture and violence" in the course of their duties.

They also believe they should be allowed to use force without any fear of punishment, the report claimed.

The NGO said the report is a result of its collaboration with the Lokniti Programme of The Centre for the Study of Developing Societies (CSDS).

It said they surveyed 8,276 police personnel of various ranks and at 82 diverse locations such as police stations, police lines, and courts, across 17 states and Union territories to come out with its findings.

Responses were gathered from urban and rural areas, state capitals, district headquarters, and other small, medium and big towns, the NGO claimed.

The respondents cover the ranks of constables (constables and head constables), upper subordinates (from the ranks of assistant sub-inspector to deputy superintendent of police) and Indian Police Service (IPS) officers, it claimed.

The study, the NGO claimed, also includes in-depth interviews with doctors, lawyers and judges whose jobs involve interacting with the police and people in custody.

"The findings of this study indicate that a significant proportion of police personnel justify the use of torture and violence in the course of their duties, and also believe that they should be allowed to use force without any fear of punishment," the NGO claimed.

It said 20 per cent of the police personnel feel it is "very important" for the police to use tough methods to create fear amongst the public, and another 35 per cent think it's "somewhat important".

"One in four police personnel strongly justify mob violence in cases of sexual harassment (27 per cent) and child lifting/kidnapping (25 per cent). This suggests that about a fourth of India's police personnel support the idea of the mobs acting as the judge, jury and executioner in matters they consider grave," the report claimed.

Across various categories of crime, constabulary and IPS officers are the most likely to justify mob violence, and upper subordinate officers are the least likely to do so, the report claimed.

It said 22 per cent police personnel believe that killing "dangerous criminals" is better than giving them a legal trial, the report alleged, adding that more experienced and upper subordinate officers are relatively less likely to agree with the statement.


On alleged "poor compliance with arrest procedures", the report said overall, 41 per cent police personnel said that arrest procedures are "always" adhered to, while 24 per cent said they are "rarely or never" adhered to.

"Kerala reported the highest compliance (94 per cent said 'always'). IPS officers (33 per cent) are the least likely to say that these procedures are always complied with, while upper subordinates (49 per cent) are the most likely to say so," it claimed.

Only 62 per cent of police respondents said that the arrested person is "always" released on bail immediately at the police station in bailable offences, while 19 per cent said they are "sometimes" immediately released, the report claimed.

Anyone arrested for a bailable offence has a legal right to be released on bail and not kept in custody, the report said.

Just a little over half the respondents (56 per cent) said that it is “always” feasible/ practical for the police to produce a person before a magistrate within 24 hours of arrest, the synopsis said.

The report claimed that the police in India have a strong reliance on a culture of fear and the use of "tough methods".

It claimed, "30 per cent of police personnel said that ‘third-degree methods’ are justified towards the accused in serious criminal cases. Nine per cent said they are justified in petty offences. IPS officers and those respondents who often conduct interrogations are the most likely to justify the use of third-degree methods," it claimed.

Some 11 per cent of the police personnel feel that hitting/slapping family members of the accused is absolutely justified, and 30 per cent said that it is sometimes justified, the NGO report alleged.

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