India’s policing system currently operates largely under the shadow of the “Dirty Harry” approach, a method characterised by anger, a disregard for rules, intimidation, and the pursuit of quick “justice” often through forced confessions and violence. 

• This contrasts sharply with the “Sherlock Holmes” style, which relies on calm investigation, logical deduction, evidence, and scientific methods to uncover the truth. 

The Problem: The “Dirty Harry” Dominance

• The prevalence of “Dirty Harry” policing in India tragically manifests in custodial deaths. 
• Data and Trends: Between 2018-19 and 2022-23, 687 people died in police custody, averaging two to three deaths per week. 
• Recent Case: A recent tragic example is the death of Ajit Kumar, a 27-year-old temple guard in Tamil Nadu, in police custody in June 2025. 
  • He was apprehended for missing jewellery, severely beaten for a confession, and died. 
  • This occurred despite recent reforms by the Tamil Nadu Police Commission aimed at preventing custodial deaths.
• Actual Status: The actual numbers of custodial deaths are likely far higher.
  • Police often misreport deaths as suicides, accidents, or sudden illnesses to conceal torture. 
  • Torture frequently occurs outside police stations in places without CCTV surveillance, such as police vans, secluded spots making it difficult to account for.
• Structural Bias in Policing: This “Dirty Harry” approach represents a structural injustice. 
  • Police disproportionately target vulnerable sections of society, including daily wage workers, the poor, migrants, slum dwellers, and those from lower castes like Dalits and Tribals, who are less likely to have legal recourse or public support.

Root Causes of the Problem

• Inadequate Training: A significant lack of proper training, especially for constables who constitute 90% of the police force, hinders their ability to conduct professional investigations.
• Poor Infrastructure: Police stations often lack the necessary tools, techniques, and infrastructure required for sophisticated, evidence-based investigations, forcing reliance on outdated, aggressive methods.
• Pressure for Quick Results: Police forces operate under immense pressure from superiors to deliver rapid results, often prioritising speed over thoroughness and legality.
• Weak Institutional Oversight: There is a significant lack of effective oversight within the police hierarchy. 
  • Senior officers often fail to prevent or address misconduct by constables and other personnel, leading to a sense of impunity.
• Societal Intolerance and Sanction: A portion of society tolerates or even normalises police torture, granting it a form of “social sanction.” This normalisation makes it harder to challenge and reform such practices.

Legal Framework

• D.K. Basu Case (1996): This landmark ruling of the Supreme Court established detailed safeguards against custodial torture, including mandatory arrest memos, informing families of arrests, and allowing family members to meet detainees.
• K.S. Puttaswamy Case (2017): This judgment declared the Right to Privacy as a fundamental right and emphasised an individual’s bodily autonomy and dignity, stating that no one has the right to harm another’s body.
• 273rd report of the Law Commission of India: Recommended enacting an anti-torture law.
• United Nations Convention Against Torture: India has not ratified the United Nations Convention Against Torture, an international treaty designed to prevent torture in custody.
  • In 2025, India was even categorised as a “high-risk country” in the Global Torture Index.

Why Torture Fails: Lessons from Experience and Science

• The Algerian War (1954-62): French forces extensively used torture to extract intelligence, but the information obtained was later found to be useless and often false.
• CIA Practices (2007): A Red Cross report on CIA’s “black sites” revealed that detainees confessed merely to stop the torture, often providing fabricated or misleading information that led to dead ends.
• Scientific Basis: When a person is subjected to torture, the brain’s ability to process memory and information becomes disoriented. 
  • This can lead to false confessions, as the individual may say anything to alleviate the pain, regardless of its truthfulness.
• Ajit Kumar’s Case: After being tortured, Ajit Kumar falsely confessed that the missing jewellery was in a cowshed. No jewellery was found there, leading to further torture.

Measures That Can be Undertaken For Humane Investigation

• Analytical Surveillance and Methodological Analysis: The successful tracking of Osama bin Laden highlights this approach. Instead of torturing the courier, US agencies followed and analysed his movements and interactions, leading to the exact location of bin Laden
• The PEACE Model of Investigation (UK): Following a 1974 pub bombing where false confessions occurred, the UK adopted the PEACE model, an acronym for:
  • Preparation and Planning, Engage and Explain, Account and  Closure
  • This model emphasizes open-ended questioning, active listening to suspects, and video recording of interviews. Its implementation significantly reduced false confessions, improved conviction accuracy, and dramatically increased public trust in the police.
  • Norway, Canada and New Zealand have adopted this approach.
  • The European Committee for the prevention of Torture (CPT) has approved this approach.
• Respectful and Professional Interrogation: Even in extreme cases, dignified treatment fosters cooperation, reinforcing the effectiveness of rights-based policing.

Recommendations For India

• Immediately ratify the UN Convention Against Torture to align with international human rights standards.
• Implement the PEACE model of investigation nationwide, fostering a culture of evidence-based policing and respectful interrogation.
• Embrace the core principle of justice: “It is better that ten guilty persons escape than that one innocent suffer”.

Conclusion

Moving away from the “Dirty Harry” mentality and embracing the “Sherlock Holmes” approach is crucial for building a police force that is efficient, transparent, accountable, and, most importantly, one that serves and protects all citizens with dignity.

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