The Siwan Incident: Facts and Immediate Response

On July 25, 2026, a Bihar police officer fired an AK‑47 at protesters in Siwan’s J.P. Chowk, injuring three demonstrators and triggering a viral video. The episode reignites scrutiny of the Prakash Singh police reform framework, which seeks to curb excessive force and enforce accountability across Indian law enforcement. The officer has been suspended and a departmental inquiry ordered, while the video has already amassed millions of online views.

•Siwan Police Firing and Kolkata NEET Protest: Accountability Gaps in India’s Policing

Siwan Police Firing and Kolkata NEET Protest: Accountability Gaps in India’s Policing

A video of an officer from the District Intelligence Unit firing an AK‑47 at demonstrators in Siwan, Bihar, went viral on 26 July 2026, prompting his suspension and a departmental inquiry. In Kolkata, a separate protest over a leaked NEET question paper turned violent on 24 July 2026, leading the state chief minister to allege foreign‑backed Islamic fundamentalist involvement and resulting in 14 arrests. Both episodes expose persistent weaknesses in the legal and institutional architecture that governs police conduct.

The Siwan episode unfolded on 25 July 2026 when protesters gathered at J.P. Chowk. Officer Abhishek Kumar, identified as a DIU member, discharged four rounds “in the air” according to the police release, yet three protesters—aged 17, 22 and 20—sustained gunshot injuries at locations up to two kilometres away.

▸3 protesters required admission to a private hospital in Patna; one was discharged on 27 July.
▸694 persons were taken into custody during the protest, including 339 minors who were later released after verification.
▸Internet services in Siwan were suspended for 24 hours, delaying the viral spread of the video.

The Superintendent of Police, Puran Kumar Jha, announced the officer’s suspension and a departmental probe, while the police lodged a First Information Report against the injured protesters.

Legal Framework Governing Police Use of Force

India’s constitutional and statutory regime imposes strict limits on state coercion. Article 21 of the Constitution guarantees the right to life and personal liberty, a provision the Supreme Court has repeatedly interpreted to include protection against arbitrary police violence. The Right to Information Act 2005 empowers citizens to obtain details of police actions, fostering transparency.

▸The Police Reforms agenda, stemming from the 1976 National Police Commission, recommends a separate cadre, fixed tenure, and an independent complaints authority.
▸The Prakash Singh Judgment (2006) mandated the establishment of State Police Complaints Authorities (SPCAs) to investigate misconduct.
▸The National Police Commission 1976 highlighted politicisation and lack of accountability as core deficiencies.

These instruments collectively aim to balance law‑and‑order imperatives with civil liberties, yet implementation remains uneven.

Did You Know? The Supreme Court’s 2006 directive in the Prakash Singh case required every state to set up an SPCA within six months, but as of 2024 only half of the states have functional authorities.

Departmental Inquiry and Accountability Mechanisms

A departmental inquiry, as ordered in Siwan, is an internal administrative process that can recommend disciplinary action, ranging from removal from service to criminal prosecution. However, the inquiry’s efficacy hinges on procedural safeguards:

▸The officer must be given a chance to present his defence, as mandated by the principles of natural justice.
▸Findings are subject to judicial review if the inquiry is alleged to be biased or incomplete.
▸The RTI framework allows families of injured protesters to request the inquiry report, compelling the police to disclose procedural details.

Absent an independent oversight body, such inquiries risk becoming perfunctory, especially when political pressure influences outcomes.

The Kolkata NEET Protest: Parallel Challenges

The Kolkata unrest, triggered by a leaked NEET question paper, escalated on 24 July 2026 when police used baton charges and tear‑gas shells. Chief Minister Suvendu Adhikari’s claim that “Islamic fundamentalists, possibly with foreign backing” were behind the violence added a communal dimension to the law‑enforcement narrative.

▸14 individuals were arrested and produced before a city court, where they were remanded for two days.
▸Journalists reported six of the seven FIRs filed were lodged by media personnel assaulted during the protest.
▸The police recorded 339 minors among 694 detainees in Siwan, mirroring the high proportion of youth involvement in Kolkata’s demonstration.

Both incidents reveal a pattern: rapid escalation of force, followed by selective legal action that often targets protesters while sparing the officers who deploy lethal weapons.

Systemic Issues: Politicisation and the Need for Structural Reform

The recurring theme across Bihar and West Bengal is the politicisation of police operations. When elected officials frame protests as threats to national security or communal harmony, police are incentivised to adopt a hard‑line posture. This undermines the spirit of the Directive Principles of State Policy, which call for the promotion of justice and the reduction of inequalities.

▸Economic costs of such failures include medical expenses for injured civilians, legal fees for prolonged litigation, and loss of public trust that can hamper future cooperation in law‑enforcement initiatives.
▸The absence of a robust, independent SPCAs means that disciplinary actions often remain internal, limiting deterrence.
▸Strengthening the RTI mechanism, ensuring timely disclosure of inquiry reports, and mandating regular audits of police use‑of‑force protocols could bridge the accountability gap.

A comprehensive reform must therefore address staffing norms, tenure security, and civilian oversight, aligning operational practice with constitutional guarantees.