Gaurav Sawant said the legal framework governs how police in India may use force during violent protests [1].
Understanding these regulations is critical for ensuring public safety while protecting the fundamental rights of citizens during civil unrest. The balance between maintaining order and preventing the abuse of power remains a central point of legal and social contention.
Law enforcement powers are defined by specific statutes that outline when force is permissible and the limits imposed by the state. These rules are designed to provide a structured response to volatility, ensuring that police actions remain within the bounds of the law.
The current legal landscape includes the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Nyaya Sanhita (BNS). However, a significant gap exists regarding the documentation of police conduct during crowd-control operations. Neither the BNSS nor the BNS contains any provision mandating body-worn cameras or compulsory videography of these operations [2].
This absence of a mandate means that the recording of police interactions during protests is not a statutory requirement. Without compulsory videography, the verification of whether force was used proportionally depends on available third-party evidence or official reports.
Sawant said it is necessary to know these limits to hold authorities accountable. While police have the authority to disperse unlawful assemblies, the law requires that such force be necessary and proportionate to the threat encountered [1].
“Neither the BNSS nor the BNS contains any provision mandating body-worn cameras.”
The lack of statutory requirements for body-worn cameras in the BNSS and BNS creates a transparency gap during high-tension protests. While police have the legal authority to use force, the absence of mandatory videography makes it difficult to independently verify if that force was proportionate, potentially increasing the risk of unchecked misconduct and complicating legal challenges following violent encounters.
