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	<title>Comments on: 1984 trial finally begins</title>
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	<link>http://blogs.law.harvard.edu/jaskaran/2006/05/19/1984-trial-finally-begins/</link>
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	<pubDate>Fri, 05 Sep 2008 07:42:43 +0000</pubDate>
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		<title>By: Simi</title>
		<link>http://blogs.law.harvard.edu/jaskaran/2006/05/19/1984-trial-finally-begins/#comment-230</link>
		<dc:creator>Simi</dc:creator>
		<pubDate>Thu, 15 Jun 2006 06:55:15 +0000</pubDate>
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There is much debate on the unfettered impunity granted by the virtue of Section 197 to the Police Officers. The police cannot cause injury to a citizen, except under three circumstances: (i) while dispersing an unlawful assembly, (ii) when making an arrest, though with the exception of section 46 Cr.P.C. states that when using force against a person resisting arrest the police cannot cause the death of the person unless he is accused of an offence punishable with death or imprisonment for life. Section 49 Cr.P.C. directs that an arrested person shall not be subjected to more restraint than necessary to prevent his escape, and (iii) in exercise of the right of private defence, which right is available to every citizen and is covered by sections 96 to 106 IPC. In a democracy, the police have to be part of civil society and accountable to it. Policing in a democratic society mean adhering to Rule of Law and that No one is above law and no one can go unpunished for the crimes they commit. Essential to the principle of accountability is the existence of machinery for redress of grievances against the police. India, although it signed the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), failed to ratify the convention on the pretext that the existing domestic mechanism in the country has enough built-in provisions to serve the purpose of the convention. However, the domestic mechanism has proved to serve any purpose.</description>
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<p>There is much debate on the unfettered impunity granted by the virtue of Section 197 to the Police Officers. The police cannot cause injury to a citizen, except under three circumstances: (i) while dispersing an unlawful assembly, (ii) when making an arrest, though with the exception of section 46 Cr.P.C. states that when using force against a person resisting arrest the police cannot cause the death of the person unless he is accused of an offence punishable with death or imprisonment for life. Section 49 Cr.P.C. directs that an arrested person shall not be subjected to more restraint than necessary to prevent his escape, and (iii) in exercise of the right of private defence, which right is available to every citizen and is covered by sections 96 to 106 IPC. In a democracy, the police have to be part of civil society and accountable to it. Policing in a democratic society mean adhering to Rule of Law and that No one is above law and no one can go unpunished for the crimes they commit. Essential to the principle of accountability is the existence of machinery for redress of grievances against the police. India, although it signed the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), failed to ratify the convention on the pretext that the existing domestic mechanism in the country has enough built-in provisions to serve the purpose of the convention. However, the domestic mechanism has proved to serve any purpose.</p>
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