The abuse of power by police officers can be witnessed in which inappropriate conduct and illegal actions taken by police officers in connection with their official duties which causes irregularity of functioning in the society because it disturb the law and order of the society.
So, SOME TYPES OF MISCONDUCT which includes coerced false confession, intimidation, false arrest, false imprisonment, falsification of evidence, spoliation of evidence, police perjury, witness tampering, police brutality, police corruption, racial profiling
Police abusing their powers and some of them are as follows-
1. Bribing And Lobbying-
Bribing is known as dishonestly persuade (someone) to act in one's favour by a gift of money or other inducement. It is an illegal act and any person in India, committing the offence of bribery, shall be penalized under Indian Penal Code, 1860 and Prevention of Corruption Act, 1988.
Under Sec 7 of the Prevention of Corruption Act, 1988 if a public servant is found guilty of taking gratification other than his legal remuneration for official act, that public servant shall be punishable with imprisonment which shall be not less than 6 months but which may extend to 5 years and shall also be liable to fine.
2. Police Brutality
Police brutality is an example of violation of civil rights, where an officer misuses his power and tortures an individual with a force that is much higher than what is required. Sec 197 of CrPC also gives power to the Government to interfere by way of giving approval or sanction in case a police official needs to be prosecuted for any criminal action.
The most recent case of police brutality can be evident on 25 May 2020: George Floyd, 46, was killed by Officer Derek Chauvin in Minneapolis, Minnesota. He was prostrate on the ground, laying face down. The video evidence shows him pleading for his life, while Chauvin's knee remains on his neck for the duration of the video. The death of George Floyd led to protests around the world, and led to many celebrities condemning police brutality. Chauvin was promptly fired by the Minneapolis Police Department and was initially charged with 3rd Degree Murder, and 2nd degree Manslaughter. The charge of 2nd Degree Murder was later added. The other three officers that were near Floyd at the time and did not help Floyd were charged with aiding and abetting the killing
3. Committing Perjury On The Witness Stand Or Witness Tampering-
Witness tampering is the act of attempting to improperly influence, alter or prevent the testimony of witnesses within criminal or civil proceedings.
Witness tampering and reprisals against witnesses in organized crime cases have been a difficulty faced by prosecutors which also causes insufficient knowledge to be delivered and witness protection programs were one response to this problem.
False testimony or committing perjury on part of the witness is one of most heinous police corruption.
Sec 191 of the Indian Penal Code, 1860 deals with any person who is legally bound by an oath or any express provision of law to state the truth or to make any statement or declaration, makes a false statement knowingly or believing it to be false.
4. Falsification Of Evidence, Falsifying a Police Report-
False evidence, fabricated evidence, forged evidence or tainted evidence is information created or obtained illegally, so that it can sway the verdict in a court case. Falsified evidence could be created by either side in a case (including the police/prosecution in a criminal case), or by someone sympathetic to either side. Misleading by suppressing evidence can also be considered a form of false evidence (by omission), however, in some cases, suppressed evidence is excluded because it cannot be proved the accused was aware of the items found or of their location.
Falsification of evidence is considered to be one of the common type of misusage of power by the officer.
The police officials are bound to assist the court, in bringing the facts during the trial, these powers are often misused by them for their personal or departmental gains.
Section 193 of the Indian Penal Code emphasizes the punishment for tampering of evidence.
Therefore the misusage of powers by police officers must be forbidden and proper action must be taken to ensure the democratic norms of the country.