Police Misconduct Laws in India 2025: Your Rights and Legal Remedies

Police misconduct, like excessive force, illegal arrests, or custodial torture, violates your rights and erodes trust in law enforcement. In 2025, India’s new criminal laws, including the Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS), aim to address these issues, but gaps remain. High-profile cases, like the alleged torture of Ajith Kumar in Tamil Nadu (@TheSouthfirst, June 30, 2025), highlight the urgency for accountability. This blog explains India’s police misconduct laws in 2025, your rights, how to seek justice, and why reform is needed. If you’ve faced police abuse, our legal team offers free consultations to help you fight back.

What Is Police Misconduct?

Police misconduct includes illegal or unethical actions by officers, such as:

• Excessive Force: Beating, slapping, or using unnecessary violence, like in the Sathankulam case where two traders died from custodial torture (Human Rights Watch, July 1, 2020).
• Illegal Arrests: Detaining someone without a valid reason or warrant, violating BNSS Section 50.
• Custodial Torture: Forcing confessions through beatings or neglect, as alleged in the Ajith Kumar case (@jp_phull, June 30, 2025).
• Harassment: Intimidating citizens during investigations or refusing to file a First Information Report (FIR).
• Corruption: Taking bribes or favoring certain groups due to political pressure.

The Status of Policing in India Report 2025 found that 38% of police personnel stereotype transgender individuals as criminals, and 62% in Delhi view Muslims as “naturally inclined” to crime, showing bias in policing (Frontline, April 5, 2025). These actions break laws and harm public trust.

Laws Against Police Misconduct in 2025

India’s legal framework in 2025, updated with the BNS and BNSS, sets rules to punish police misconduct. Here are the key laws:

• Bharatiya Nyaya Sanhita (BNS), 2023:
  • Section 198: If an officer causes injury by breaking the law, they face up to 7 years in prison and a fine (@jp_phull, June 30, 2025).
  • Section 129: Using criminal force by a public servant can lead to 1 year in jail and a fine.
  • Section 131: Assault by an officer to deter someone from their duty means up to 7 years in prison.
  • Section 103: Murder in custody can result in life imprisonment or the death penalty.
  • Section 101: Culpable homicide not amounting to murder carries 7 years to life in prison.
• Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023:
  • Section 50(1): Officers must inform an arrested person of the reason for arrest immediately.
  • Section 176: Custodial deaths or serious injuries require a judicial inquiry.
  • Section 160: Summons for questioning must be written, specifying date and time.
  • Zero FIR: Allows filing a complaint at any police station, transferable to the right jurisdiction (Hindustan Times, July 1, 2024).
• Indian Constitution:
  • Article 21: Protects your right to life and personal liberty, prohibiting torture.
  • Article 22(1): Ensures your right to a lawyer and to know why you’re arrested.
• Police Act, 1861:
  • Section 29: Officers neglecting duties or violating rules face up to 3 months in jail or a fine of 3 months’ salary (iPleaders, January 5, 2018).
• D.K. Basu Guidelines (1997): The Supreme Court set 11 rules for arrests, like wearing visible name tags, informing families, and conducting medical exams (The Hindu Centre, March 1, 2024).
• NHRC Guidelines (1993): Require police to report custodial deaths or serious misconduct within 24 hours and conduct filmed autopsies (NHRC, 1993).

Despite these laws, India lacks a specific anti-torture law, even though it signed the UN Convention Against Torture in 1997 (Drishti IAS, January 23, 2025).

Key Court Rulings on Police Misconduct

Courts have shaped how misconduct is handled:

• Prakash Singh vs. Union of India (2006): The Supreme Court ordered Police Complaints Authorities (PCAs) at state and district levels to investigate misconduct. It also pushed for fixed tenures and separating investigation from law enforcement (ForumIAS, January 13, 2024).
• D.K. Basu vs. State of West Bengal (1997): Set strict arrest guidelines to protect rights, like documenting injuries before detention (iPleaders, December 14, 2020).
• Saheli vs. Union of India (1990): Awarded ₹75,000 to a mother whose child died from police beating, holding the state liable (iPleaders, February 20, 2017).
• Nilabati Behera Case (1993): Allowed compensation (e.g., ₹150,000) for custodial death victims.

However, the Status of Policing in India Report 2025 notes that only 26 officers were convicted for 1,888 custodial deaths from 2001–2020, showing rare enforcement (Frontline, April 5, 2025).

Challenges in Enforcing Misconduct Laws

Holding police accountable is tough due to:

• Low Conviction Rates: Tamil Nadu had zero convictions for 100 custodial deaths from 2008–2025 (@betwasharma, June 25, 2025).
• Police Investigating Police: Internal probes often favor officers, leading to cover-ups (Human Rights Watch, August 4, 2009).
• Weak PCAs: Many states, like Uttar Pradesh, haven’t set up functional PCAs, despite the 2006 Supreme Court order (Scroll.in, June 22, 2020).
• Political Interference: Politicians influence police actions, as seen in the Ajith Kumar case allegations (@TheSouthfirst, June 30, 2025).
• Colonial Legacy: The Police Act, 1861, prioritizes control over service, making police less accountable to citizens (Drishti IAS, March 18, 2025).
• Bias and Stereotyping: 68% of Gujarat police view Dalits as “crime-prone,” affecting fair enforcement (Frontline, April 5, 2025).

How to Fight Police Misconduct

If you face police misconduct, take these steps:

1. File a Complaint:
   • Lodge an FIR at the police station for offenses like assault (BNS Section 129) or injury by unlawful acts (BNS Section 198).
   • If police refuse, send a written complaint to the Superintendent of Police or a Magistrate (BNSS Section 175) (iPleaders, January 5, 2018).
2. Contact the PCA: File a complaint with your state or district PCA. Anyone witnessing misconduct can report it (Lawskills.in, July 18, 2019).
3. Approach the NHRC: Report serious misconduct, like custodial torture, within 24 hours for an inquiry. Compensation up to ₹5 lakh has been awarded (e.g., Nagpur case, @IJRranking, June 26, 2025).
4. Gather Evidence: Collect photos of injuries, witness statements, or videos. Record searches to prevent planted evidence (iPleaders, February 20, 2017).
5. Hire a Lawyer: A criminal or human rights lawyer can file court petitions or seek compensation. Our firm offers free consultations.
6. Raise Awareness: Share your story with media or human rights groups to push for justice (Legalstix, February 2, 2024).

Police Reforms in 2025

The BNS and BNSS, effective July 1, 2024, introduced reforms like:

• Zero FIR: File complaints anywhere, even online, for faster action (Hindustan Times, July 1, 2024).
• Body Cameras: Mandatory videography of crime scenes to ensure transparency (Authbridge.com, July 1, 2024).
• Faster Trials: Strict timelines for investigations to reduce delays (Authbridge.com, July 1, 2024).

However, experts criticize these laws for giving police more power, like extended custody periods, without enough oversight (Frontline, July 21, 2024). The Prakash Singh ruling’s reforms, like PCAs and fixed tenures, are poorly implemented in states like Maharashtra (Scroll.in, June 22, 2020). Prime Minister Modi emphasized “data over danda” at the 2024 DGP meet, pushing for tech-driven policing (ForumIAS, January 13, 2024).

Why This Matters

Police misconduct undermines democracy. With a police-public ratio of 154.84 per 100,000—below the UN’s 222—India’s understaffed forces face stress, leading to abuses (Drishti IAS, March 18, 2025). Public trust is low, with only 25% of Indians trusting police, per a 2018 CSDS survey (Officers Pulse, January 13, 2024). If you’ve faced misconduct, you have rights. Contact our legal team for a free consultation to seek justice.

Related Topics to Explore

• Custodial Death Laws: Learn about penalties for deaths in custody. custodial death blog
• Justice for Ajith Kumar: Understand Tamil Nadu’s recent custodial torture case
• Human Rights in India: Explore protections against state abuses. [Link to hypothetical human rights blog]

Sources

• The Hindu, “In the Name of the Law: Custodial Torture and Deaths in Uttar Pradesh” (thehindu.com, November 9, 2024)
• Frontline, “Status of Policing in India Report 2025” (frontline.thehindu.com, April 5, 2025)
• Human Rights Watch, “Broken System: Dysfunction, Abuse, and Impunity in the Indian Police” (hrw.org, August 4, 2009)
• Drishti IAS, “Revamping India’s Police System” (drishtiias.com, March 18, 2025)
• iPleaders, “Laws You Must Know to Handle Police Harassment in India” (blog.ipleaders.in, January 5, 2018)
• Scroll.in, “What Legal and Administrative Fixes Does India Need to Combat Police Misconduct?” (scroll.in, June 22, 2020)
• Hindustan Times, “3 New Criminal Laws Come Into Effect” (hindustantimes.com, July 1, 2024)
• X Posts, @jp_phull (June 30, 2025), @TheSouthfirst (June 30, 2025), @betwasharma (June 25, 2025)
• NHRC Guidelines, 1993 (nhrc.nic.in)