Stickman in plain clothes! Can the police deploy soldiers without uniform to control the protest?

There was a protest under the leadership of CJP (Cockroach Janata Party) on 20th July at Jantar Mantar in Delhi. The protesters tried to march from Jantar Mantar to Parliament House. During this there was a clash with the police. One thing that caught everyone’s attention during the entire protest was the deployment of policemen in plain clothes at the protest site. In the videos seen on social media, some policemen wearing civil dress were also seen using batons on the protesters. This case has raised an important question, is the deployment of police without uniform legal or is it a violation of the fundamental rights of the citizens? According to the police manual, it is the responsibility of the uniformed police to maintain law and order and control the crowd. Let us know under what circumstances the police can perform duty in civil dress. What are the legal rules regarding this…

Police deployed in plain clothes

Generally, the police perform duty in khaki uniform to maintain law and order. But there are two important reasons behind deploying policemen in civil dress during protests against the administration.

1. Intelligence gathering: Local Intelligence Unit (LIU) or Special Branch personnel become part of the crowd in plain clothes, so that no anti-social element can secretly incite violence.
2. To keep the atmosphere from becoming hostile: Many times even peaceful crowds become violent after seeing heavy police force and anti-riot vehicles. In such a situation, the police in plain clothes become a part of the crowd and keep an eye on the situation.

Congress MP from Barmer-Jaisalmer Umedaram Beniwal has also asked questions on this matter. He wrote on On whose orders were they allowed to act and indulge in lathi charge?

The Central Government should clarify who were the people present with Delhi Police in civil clothes carrying sticks? On whose orders were they allowed to act and indulge in lathicharge?

Lathi charge and tear gas on youth and students who express their views peacefully in a democratic country. pic.twitter.com/nA0gsSNA8B

— Ummeda Ram Beniwal (@UmmedaRamBaytu) July 21, 2026

What do the laws and rules say?

Police work in India is mainly governed by the Police Act 1861 and states’ own police manuals (such as the Delhi Police Manual).

• According to the police manual, it is mandatory for every police officer on duty to wear uniform. Only special investigation teams (like CID, Crime Branch) or intelligence agencies are allowed to perform duty in plain clothes. The work of crowd control is entirely the responsibility of uniformed police.
• If a plainclothes policeman wants to detain a person, he has to face legal hurdles. Under Section 41B of the Code of Criminal Procedure (CrPC) (now Section 36 of the Indian Civil Defense Code – BNSS), it is mandatory for any police officer to display his/her visible identification (nametag).

Who can order lathicharge?

There are strict rules for the use of force to disperse unlawful crowds under Section 129 of the Code of Criminal Procedure (CrPC) (which has now been replaced by Section 148 of the Indian Civil Defense Code – BNSS).

1. The order to disperse the crowd or resort to lathi charge can be given only by the Executive Magistrate of the area or an officer of the rank of SHO/Inspector or above. Any policeman present in plain clothes (be it a constable or anyone else) cannot pick up his stick on his own will and start beating the crowd.
2. The law says that the police should give prior warning through loudspeaker and use minimum necessary force to disperse the crowd. Suddenly lathicharge in plain clothes is a direct violation of this legal procedure (SOP).

right of self defense

The most dangerous aspect of lathicharge in plain clothes is related to the citizen’s right to self-defense. Sections 96 to 106 of the Indian Penal Code (IPC) (now Sections 34 to 44 of the Indian Judicial Code – BNS) give every citizen the right to use force to save his life. If an unknown person in plain clothes attacks a citizen with a stick, the common man may consider him an attacker or a goon and attack him in self-defence. In such a situation, the policeman cannot claim in the court that the citizen has “obstructed government work”, because the citizen did not know his identity (that he was a policeman).

What do the Supreme Court guidelines say?

Regarding the action of police in plain clothes (be it arrest or use of force), the Supreme Court has given D.K. In the Basu vs. State of West Bengal (1997) case, clear instructions were given.

1. The identity of the police officer interrogating, detaining or taking action against any person should be absolutely clear.
2. It is mandatory to have a name tag on his clothes, even if he is in plain clothes.
3. If someone without a name plate takes action by claiming to be police, it will be considered illegal. During lathicharge, it becomes even impossible to identify whether the person hitting is a policeman or a miscreant.

Is this a violation of fundamental rights?

The presence and action of police in plain clothes directly conflicts with two fundamental rights.

1. Article 19(1)(b)- Right to peaceful demonstration: Peaceful protests are an essential part of democracy. Actions taken by hiding identities scare citizens from expressing their views, which weakens this right.
2. Article 21- Right to Privacy: Secretly doing videography in the crowd without any concrete legal process or magistrate’s order, spying on the protesters and using force without revealing their identity is a blatant violation of the right to life and privacy.

Lathi charge by plainclothes police is not only a violation of the police manual and procedures of CrPC and BNSS, but it also destroys police accountability in a democratic system. If a policeman does this, both a departmental inquiry and a criminal case can be registered against him.

Also read: Ruckus in Parliament over lathi charge, Kharge accused of switching off the mike; He said- where should we keep the matter