Balancing power and rights: Examining police procedures and accountability in India

Abstract

This research paper examines the intricate relationship between police powers and the protection of individual rights in the context of law enforcement in India. Focusing on the provisions of the Code of Criminal Procedure, 1973, it explores the balance between police authority and constitutional safeguards, particularly concerning arrest, detention, interrogation, and use of force. By analyzing judicial interpretations and landmark cases, the paper highlights instances of abuse of power, such as arbitrary arrest, custodial violence, and disregard for procedural fairness. Moreover, it discusses the legal framework aimed at safeguarding the rights of the accused, including the right to legal representation, protection against self-incrimination, and the right to a speedy trial. Through comprehensive analysis and critique, this paper underscores the importance of upholding the rule of law and ensuring accountability in policing practices to safeguard individual liberties and promote justice in society.