Erosion of Due Process: 70% of Indian Police Seek Immunity for Using Force

Institutional Leanings Toward Coercion

Legal standards in India mandate that law enforcement utilize persuasion and warnings before resorting to the "irreducible minimum force." However, internal attitudes within the force appear to diverge sharply from these statutory requirements. According to the Status of Policing in India Report (SPIR) 2025, a significant majority of police personnel advocate for broader discretionary powers that bypass current judicial checks.

The study, conducted by Common Cause and the Lokniti-CSDS program, polled 6,000 officers across 17 States and Union Territories. The results show that 70% of respondents believe they should be permitted to apply force without the threat of punishment to fulfill their duties. Furthermore, 69% of personnel expressed the view that police should have the authority to arrest and detain suspects without the requirement of a court investigation.

The Perception of 'Tough Methods'

While the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the National Human Rights Commission (NHRC) emphasize the protection of civil liberties, the survey highlights a culture that values intimidation as a deterrent. Key findings on public order include:

• 55% of officers believe employing "tough methods" is vital to instill fear in the public.
• Two-thirds of respondents admitted that public pressure frequently drives the police to handle suspects with a "heavy hand."
• 84% of personnel view the preventive arrest of individuals labeled as "anti-social elements" as a useful strategy for crime reduction.

Procedural Lapses and Legal Access

The report underscores a disconnect between mandated arrest procedures and daily practice. Although officers are legally required to prepare inspection memos, notify family, and arrange medical examinations, only 41% of survey participants claimed these protocols are consistently followed. Access to legal counsel also remains a point of contention within the ranks.

Only 32% of those surveyed believe a detainee should have immediate access to a lawyer. Instead, an equal percentage argued that such access should be left to the discretion of the investigating officer. A mere 14% of personnel support the right of an accused person to speak privately with legal counsel while in police custody. These statistics gain relevance following the heavy-handed response to the Cockroach Janta Party (CJP) protest near Parliament on July 20, 2026, where tear gas and lathi charges were widely documented.

Data Gaps in Accountability

The SPIR 2025 authors point out that while India maintains voluminous crime statistics, data regarding custodial deaths and torture remains "inaccurate and inconsistent." The researchers argue that without reliable data, addressing the gap between the NHRC’s vision of democratic policing and the current institutional culture remains an uphill battle. The report concludes that current attitudes suggest an internal preference for preventive policing over the rigorous application of due process.

Source: The Hindu — Cities