Can Police Hide Their Identity During Protests?

During the “Sansad Chalo” protest at Jantar Mantar, videos allegedly showed Delhi Police and RAF personnel in civilian clothes, some carrying lathis and assaulting protesters.
What Do Police Procedures Require?

• Police deployed for routine law-and-order duties are generally expected to remain in uniform with visible identification.
• Delhi Police reportedly directed all personnel deployed at Jantar Mantar to report in uniform and not in civilian clothing.
• Plainclothes deployment may be justified for specialised intelligence or covert operations, but not ordinarily for crowd-control duties.

Legal Position

• Sections 148–160 of the Bharatiya Nagarik Suraksha Sanhita regulate maintenance of public order and dispersal of unlawful assemblies.
• Although the law may not explicitly mandate nameplates in every situation, the authority given to a “police officer” implies that the officer should be identifiable.
• Unidentified persons exercising police powers make it difficult for citizens to verify their authority or seek accountability.

Important Judicial Observations

• D.K. Basu v. State of West Bengal (1997): The Supreme Court directed that officers carrying out arrests and interrogations must bear clear and visible identification and name tags.
• Andhra Pradesh High Court (2025): Questioned how citizens could recognise plainclothes personnel as police officers while they exercised official powers.

Why Do Some Officers Conceal Identity?

• Fear of personal targeting, online harassment and prolonged litigation.
• Protection from threats to officers and their families.
• Operational security during intelligence or counterinsurgency activities.
• The practice originated largely in conflict-affected regions but has gradually entered routine policing.

Major Concerns

• Weakens police accountability and public trust.
• Makes it difficult to identify officers responsible for excessive force.
• Allows impersonation by unauthorised persons.
• Restricts citizens’ ability to file complaints or seek judicial remedies.
• May create fear and confusion during protests.

Way Forward

• Police performing crowd-control duties should wear uniforms and visible identification numbers.
• Exceptions should be limited to genuine intelligence and security operations.
• Every deployment should have proper videography, command records and duty rosters.
• Independent mechanisms should investigate allegations of excessive force.
• Officers’ safety may be protected through coded identification rather than complete anonymity.

Police anonymity may be defensible in exceptional covert operations, but ordinary protest and law-and-order duties require visible identification, transparency and accountability, particularly when officers exercise coercive powers.