Decoding police powers, rights of protesters and law on use of force

Neither the BNSS nor the BNS contains any provision mandating body-worn cameras or compulsory videography of crowd-control operations.

Allegations of police brutality during the Cockroach Janta Party (CJP) protests in Delhi have raised the question of how much force police can legally use to disperse a protest.

Indian law empowers police to maintain public order, but courts have emphasized that powers are bounded by the Constitution and principles of legality, necessity and proportionality.

The legal framework for crowd control is fragmented, governed by state police laws, manuals, and executive orders, leading to varying practices across jurisdictions.

The Supreme Court held in Mazdoor Kisan Shakti Sangathan Vs Union of India (2018) that the right to protest is a cherished constitutional freedom but must coexist with the rights of other citizens.