This authoritative work offers a comprehensive exploration of the legal contours of police powers in India. The authors, both eminent legal scholars, examine the constitutional, statutory, and judicial frameworks that govern police conduct, including arrest, investigation, search and seizure, preventive detention, custodial rights, and accountability mechanisms. With a balanced approach to theory and practice, the book delves into landmark judgments, human rights perspectives, and the evolving role of law enforcement in a democratic society. It is an essential resource for legal professionals, law enforcement officers, students, and anyone seeking to understand the limits and responsibilities of policing power in India.
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Introduction to Police Powers
Meaning and Scope
Historical Development of Police Law
Constitutional Position of the Police in India
Police and the Indian Constitution
Fundamental Rights and Police Powers
Article 21 and Procedure Established by Law
Judicial Oversight and Constitutional Safeguards
Powers of Arrest
Arrest Without Warrant (Sec. 41 CrPC)
Arrest With Warrant
Rights of Arrested Persons
Landmark Supreme Court Guidelines (DK Basu Case)
Search and Seizure
Powers under CrPC
Judicial Requirements for Valid Search
Electronic Surveillance and Digital Evidence
Investigation Process
FIR: Registration and Importance
Role and Discretion of the Police in Investigation
Charge-Sheet and Final Report
Role of Magistrate in Monitoring Investigation
Preventive Powers of Police
Preventive Arrest (Sec. 107–151 CrPC)
Public Nuisance and Maintenance of Order
Powers during Public Assemblies and Protests
Police Custody and Remand
Police Custody vs. Judicial Custody
Rights During Custody
Medical Examination and Legal Aid
Police Accountability and Abuse of Power
Custodial Deaths and Torture
Role of NHRC and State Human Rights Commissions
Internal Disciplinary Mechanisms
Need for Police Reforms
Special Laws and Police Powers
UAPA, NDPS Act, and Other Special Legislations
Enhanced Powers and Due Process Concerns
Terrorism and Surveillance
Role of Judiciary in Regulating Police Powers
Judicial Activism and Police Conduct
PILs and Police Reforms
Important Case Laws
Recent Trends and Developments
Supreme Court Directions on Police Reforms
Use of Technology in Policing
Community Policing and Democratic Accountability
Appendices
Relevant Statutory Provisions (Extracts)
Model FIR & Arrest Memo
Guidelines by NHRC and Law Commission Reports
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