The horrific custodial torture of a constable in Kupwara, reported on July 28, 2025, reveals the alarming abuse of power by some police officers. The CBI’s FIR against a Deputy Superintendent of Police and five others for torturing the victim without a First Information Report (FIR) raises a critical issue: can police summon or detain anyone without an FIR? The answer is no, and when they do, where can victims seek justice?
Under the Code of Criminal Procedure (CrPC), Section 154 requires an FIR for cognizable offences before any investigation or summons. The constable’s ordeal—six days of beatings, electric shocks, and genital mutilation—began without an FIR, a blatant violation. The Supreme Court’s response, condemning the J&K High Court’s inaction and ordering arrests, a CBI probe, and ₹50 lakh compensation, underscores the judiciary’s role in checking such excesses.
Police acting on unverified stories risk targeting the innocent, as seen here. Victims can approach a Magistrate under Section 156(3) of the CrPC to demand an FIR or escalate complaints to the State or National Human Rights Commission. In extreme cases, High Courts or the Supreme Court can be petitioned under Articles 226 or 32.
Jammu & Kashmir, moving beyond its turbulent past, needs a disciplined, civilian-focused police force. Outdated, heavy-handed tactics have no place in this new era. Body cameras, station audits, and independent oversight can curb arbitrary actions. Training in human rights and legal compliance is essential to build a police force that protects, not harms.
The Supreme Court’s call for a swift CBI investigation is a step toward justice, but broader reforms are urgent. This case must mark a turning point—ending police impunity and enforcing legal safeguards. A disciplined police and an accountable judiciary are vital for a peaceful, progressive Jammu & Kashmir. Justice must be swift to restore public trust and ensure such atrocities are never repeated. Let this be the catalyst for lasting change.
