Broadly speaking: ASSAULT ON COPS IN INDIA

Profile of the Author: Gunjan Agarwal is pursuing LLB (3 years) course from Jaipur National University, having a keen interest in Constitutional laws, IPR laws and socio-legal contemporary issues.

People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf.

~George Orwell

INTRODUCTION

The cops are the backbone of the country. They are the warriors on the frontline safeguarding the people from crimes. There is a constant debate around about the atrocities by police authorities but the other side of the coin is often overlooked. The cops are also being assaulted on various occasions. They are subjected to assault including beating, verbal assault and what not. Due to the post, they hold it is assumed that nothing wrong can happen to them or even if any such act is done the culprit is punished. But the reality is harsh and ignored in the long run. The main aim of this article is to bring attention to the atrocities faced by police officials on duty.

LEGAL PROVISIONS

The Indian Penal Code (IPC) provides for the following provisions-

• Section 353

Assault or criminal force to deter public servant from discharge of his duty.—Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

• Section 504

Intentional insult with intent to provoke breach of the peace.—Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

• Section 506

Punishment for criminal intimidation.—Whoever commits, the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; If threat is to cause death or grievous hurt, etc.—And if the threat is to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or imprisonment for life, or with imprisonment for a term which may extend to seven years, or to impute, unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.

The provisions provide for punishment for any person who assaults a public servant discharging his/her duties. The recent example of one such assault is the “Arnab Goswami Case”. The case has gained significant momentum due to the influential media spokesperson being the accused in the case.

RECENT CASES

In the case of Malang Mohiddin Qureshi vs. The State of Maharashtra and Khwaja Malang Qureshi vs. The State of Maharashtra, 21st October 2020 the applicants were charged under the Sections 353, 332, 188, 269, 270, 504, 506 read with Section 34 of the Indian Penal Code.

The case, in brief, is explained as follows-

• The spread of corona was declared a pandemic worldwide. At that relevant time, the Goregaon police were patrolling.
• While they were patrolling in the jurisdiction of Goregaon police station, it was observed that in room No.4, R/3, Samata-Mitha Nagar Co.operative Housing Society, Mitha Nagar, Goregaon (West), the grocery articles were sold from residential premises. The police officers went there and asked the owner to close the shop. At that time, the Applicant Khwaja was not wearing a mask. He was asked to wear a mask. Khwaja refused to wear the mask and refused to close the shop; and instead, abused the officials.
• Khwaja also pushed the police officials. He snatched the wooden stick, which the cop was carrying and assaulted the cop himself. At that time, the other Applicant Malang, who is the father of the Applicant Khwaja, abused him and beat him as well.
• The CCTV footage in the area also captured the entire incident.

This case is another such example of cop assault in the country. The cops were performing their duty and instead of being appreciated for the same they were beaten and abused by the civilians. We live in a country where a saviour is not safe himself. Despite having laws in place the assault on cops is increasing day by day.

CONCLUSION

The discussion has made it evidently clear how the cops are being assaulted without any mercy. There are several reported cases from various parts of the country in this regard. Not only the cop on night duty is assaulted but a cop in daylight is beaten up. A traffic policeman or a cop on duty for investigation; are thrashed and shown no mercy. They are stopped from performing their duties. There is a need to bring reform and stop such inhumane malpractices. In order to do so more stringent laws, need to be introduced. This will help prevent the increasing crime against the cops.

Along with the laws, attention needs to be paid to such assaults. The ignorance at large is also a reason for the increased crime rate. Such acts demoralise the cops in performing their duty with utmost sincerity and good faith. The spread of awareness and sense of responsibility towards the public servants is the need of the hour. Together we can fight against it and protect the cops of our country and them in rendering their duties without being a hurdle in their path.

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REFERENCES

1. Indian Penal Code, 1860
2. Assault on public servant is serious offence: Bombay High Court rejects anticipatory bail plea of person accused of violating lockdown orders https://www.barandbench.com/news/litigation/assault-on-public-servant-is-serious-offence-bombay-high-court
3. Cop Assault Case: Arnab Goswami's Pre-Arrest Bail Hearing Adjourned till November 23 , https://www.ndtv.com/mumbai-news/cop-assault-case-arnab-goswamis-pre-arrest-bail-hearing-adjourned-till-november-23-2324240
4. Bombay HC Rejects Anticipatory Bail to Man Who Assaulted Cop & Violated Lockdown Orders , https://www.livelaw.in/news-updates/bombay-hc-rejects-anticipatory-bail-to-man-who-assaulted-cop-165011