Amid nationwide outrage over the custodial abuse of a serving Army officer and his fiancée at a police station in Bhubaneswar on 15 August, the Odisha government has issued a standard operating procedure (SOP) directing police officers to show due courtesy and dignity to defence personnel.

The Army officer and his fianceeé were allegedly subjected to custodial abuse when they went to the Bharatpur police station to lodge a complaint in connection with a road rage case. In a written complaint, the Army officer alleged, “The Inspector in charge of the police station sexually harassed and molested my fianceé, and I could hear her screams for 30 minutes. Thereafter, my fianceé was illegally arrested and forwarded to court.”

Amid mounting pressure and nationwide outrage, the Odisha government later ordered a judicial probe led by retired Justice Chittaranjan Das into the unsavory episode. The judicial probe is currently underway, with its findings yet to be submitted to the government.

The SOP emphasised that problems and grievances of defence personnel should be promptly addressed by police officers, and all necessary legal and logistical support should be provided as quickly as possible. It also noted instances where officers in police stations have demonstrated inadequate skills in managing situations and interacting with members of the Armed Forces visiting the police station.

The SOP stated that police officers are not well-versed in handling issues related to registering complaints against members of the Armed Forces and the subsequent procedures.

To enlighten police officers on matters related to the arrest of defence personnel in deserving cases and to equip them with skills for proper interaction with defence personnel in a police station or outpost premises, issuing this SOP was deemed necessary.

If a police officer arrests defence personnel for crimes unrelated to their duty, the police must inform the nearest Military Station Headquarters, providing details of the offences, date of arrest, and place of detention and custody, the SOP said.

The defence personnel under arrest should not be manhandled, assaulted or beaten. They should also not be handcuffed.

The problems and grievances of defence personnel shall be promptly addressed by the police officer, with all necessary legal and logistical support provided as quickly as possible.

If any defence personnel submit a written complaint, it shall be promptly addressed in accordance with the law. The police officer shall take proactive steps to mitigate the grievance.

The powers of a police officer to arrest a person under the BNSS 2023 are subject to an exception under Section 42, which stipulates that no member of the Armed Forces of the Union shall be arrested for actions taken or purported to be taken in the discharge of their official duties, except with the consent of the Central government. Besides, under Section 42(2) of the BNSS, the state government has the authority to issue a notification specifying the class or category of members of the Force to whom this protection will be applicable, the SOP added.