Module 3 Police system in India:

1) Origin of Police

2) Development of Police Organisation

3) Police Force in India

4) Nature and Objectives of Indian Police System

5) Police organization under the State Government

6) Police organisation under the Central Government

7) Principles of Policing

8) Legal functions of Police

9) Law relating to Police Administration

10) Police Reforms

11) Legislative Trends

12) Judicial Approaches

13) NHRC guidelines on Police Public Relations

The Police System

Police as a functionary of criminal justice system, has to play a crucial role in maintenance of
peace and enforcement of law and order within its territorial jurisdiction. Its primary duty is
to safeguard the lives and property of the people and protect them against violence,
intimidation and disorder. To ensure safety of the society is the primary duty of the State. To
guard the internal force it has its para military and the State police force. The ultimate
objective of these forces is to maintain Rule of law which is an indispensable attribute of a
democratic State.

Origin of Police

The police are primarily concerned with the maintenance of law and order and security of
person and property of individuals. Police duties have increased enormously and are
becoming more and more diversified. The word ‘Police’ was used in a wider sense to connote
the management of internal economy and the enforcement of government regulations and in a
much narrower sense to connote an agency of the State to maintain law and order and enforce
the regulations of the criminal procedure law.
The word ‘police’ are derived from the Greek word politeia or its Latin equivalent politia.
The term politia stands for the ‘State’ or ‘administration’. In the present context, the term
police connote a body of civil servants whose primary duties are preservation of order,
prevention and detection of crimes and enforcement of law. Only the persons of proven
ability and those having thorough knowledge of local region and its people were recruited in
the police force so that they could tackle the problem of law enforcement efficiently.
However, with the progress of civilization and development of knowledge, the dimensions of
police functions have extended beyond limits.

Development of Police Organisation

The beginning of civil protection against crime and disorder in England came with the
promulgation of the West Minster in 1285 by the King Edward I. Under this system local
groups of property owners numbering about a hundred each were responsible for
maintenance of peace in their district. This system prevailed in Great Britain for centuries.
After industrial revolution, a regular system of constabulary was established in England by
the Act of British Parliament passed in 1787 for the maintenance of peace in Ireland.
Consequently, the existing strength proved inadequate which led to the passing of
Metropolitan Police Act, 1829. One of the important developments in British Police system
was the introduction of rural police force. The Rural police system in Britain was an outcome
of historical development as it consisted of eight villages with a population of about 2000
persons. The policemen was supposed to be on duty day and night, he had to perform 8 hours
beat patrol, which could be continuous or with an interval in between two-periods. On the
whole, it can be said that in United Kingdom the police enjoyed public support and respect.
With the modernisation of British Police force, they now rank as one of the most efficient
police organisation in the world.

Police Force in India

Police force has been in existence in India since epics, namely Mahabharata and Ramayana.
The great ancient law-giver Manu also emphasised the need of police force for maintenance
of law and order. According to him, police functions could be entrusted to only those who
were well acquainted with the local people and were dedicated to the cause of protection of
society against law violators. The Gupta dynasty in ancient India was particularly known for
its excellent law and order situation through a well-organised system of police. The chief of
the police force was called “Mahadandadhikari”. He had a number of subordinate officers
called ‘Dandadhikari’ to assist him.

The indigenous system of police in India was organised on the basis of collective
responsibility of the village community. The law and order in the village was maintained
through the village headman who was assisted by one or more village watchmen. Besides
keeping watch in the village, these watchmen had to report to the headman the arrival and
departure of all strangers and suspicious persons.
The moghul rulers in India also had a well organised police force for maintaining law and
order in society. This system was, however, different from the earlier one. The police official
called the Fauzdar was incharge of police force with a number of subordinate officials called
Darogas or Kotwals working under him. The policemen called the ‘Sipahi’ were the official
of the lowest rank in the police constabulary of the Moghuls. The chief police administrator
of the province was called ‘Subedar’ or ‘Nizam’.

During the closing years of moghul empire the military exploits of the emperors put the
police administration into oblivion, and the rulers had to pay heavily for this neglect. The
police system during the Moghul period was undoubtedly suited to the need of a simple and
homogenous agricultural community but it could not withstand the strains of political
disorder and with the decline of Moghul empire, the system of police administration also
collapsed.

The British Government in India retained the system of policing prevailing in each Province
with modifications. According to the Regulations of 1816, village headman was made ex
officio heads of police also. The Indian Police Act, 1861 an aftermath of the Indian mutiny of
1857, was enacted to ‘reorganise the police and to make it more effective instrument for the
prevention and detection of crime’ as laid down in the preamble of the Act.

The Government of Lord Curzon appointed Commission called the Police Commission of
1920 to suggest measures for reform in police working. The Police Act,1861 was fairly
comprehensive and almost half of its dealt with matters such as police powers with regard to
public assemblies, punishment for certain kinds of offences on road, and the definitions of
important legal terms used in the Act. The Act was applicable only to the British India and it
did not extend to independent princely States where the age-old police organisation still
continued to function.

Consequent to the Indian Independence in 1947, the colonial police set up was hardly suited
to the radical changes in the Indian society but ironically, the same set up with little
modifications here and there, still continues despite more than half a century after the end of
the colonial rule in this country. The Constitution of India provides that ‘Police’ is a ‘State
subject’. It is therefore, for the States to maintain their own police force for maintaining
peace and security within their respective territorial jurisdictions. There are certain situations
which authorise the Centre to intervene in the law and order problems of the State because
the Centre is under a duty to protect the States from internal disturbances. Besides the State
Police Force, there are certain special police establishments such as the Border Security
Force, the Railway Security Force, the Central Reserve Police Force, etc.

Modern police is primarily concerned with detection and investigation of crime and
apprehending criminals by making arrests. The police deal with protection of society against
crimes and safeguarding the person and property of the people also with juvenile delinquents
and enforcement of a variety of Acts and regulations such as licensing, sanitation, civil
defence etc.
The transformation of India from a police State into a welfare state after the Indian
Independence has brought about radical change in the activities of the police. The police
which was identified as a law and order maintaining machinery of the State in earlier times is
now viewed as a conscience keeper of the society. In modern time, when the State has
undertaken the task of providing for the welfare of the community, the role of police in
preserving and protecting the very basic needs of human survival and social intercourse
becomes vital. Despite radical change in the role and functions of police during the last five
decades of Indian Independence, the police has always been deprived from getting a high
status as its counterparts possess in the western countries, where police is a ‘friend’ and
without a sympathetic police officer, no other agency can ensure criminal justice to the law-
abiding citizens against the law-breakers. In the backdrop of a comprehensive sociological,
technological economic, political and psychological change now underway in India, the
values and ethics of police must also change so that it does not become an out-model because
of the rapidity of social change.

Principles of Policing

The Police have a very important role to play in a democratic set up of government. They
must win the confidence of the people. The principles underlying policing in a free,
permissive and participatory democracy may be summarised as follows:-

1) To contribute towards liberty, equality and fraternity in human affairs;

2) To help and reconcile freedom with security and to uphold the rule of law;

3) To uphold and protect human rights;

4) To contribute towards winning faith of the people;

5) To strengthen the security of persons and property;

6) To investigate, detect and activate the prosecution of offences;

7) To facilitate movements on highways and curb public disorder;

8) To deal with major and minor crises and help those who are in distress by holding public
grievance redressed meetings periodically every month.

Legal functions of Police

Dr. Jerome Hall has rightly pointed out that according to the legal and political theory, the
rights and duties of the police to inflict punishment are sharply limited. But since their job is
to pick up criminals from society for prosecution, they play a vital role in bringing the
offenders to justice. The efficiency of police functioning is generally measured either on the
basis of number of arrests or the rate of conviction for cases brought by the police to the
courts. But none of these tests are capable of measuring the real performance of police to
determine its efficiency.

The major functions which the police is lawfully required to perform are as follows-

1) Patrolling and Surveillance-

Patrolling is the visible police function for the purpose of general watch and ward and
prevention of crime. In rural sectors, patrolling work is done by the village choukidars. In
areas having panchayat system, able-bodied young men in the age-group of 18 to 24 are also
utilised on honorary basis. In all the rural police stations, the Station House Officer is held
responsible for maintenance of law and order and deployment of policemen for patrolling. In
urban areas mobile patrols with wireless tele-communication are arranged for surveillance.
Generally, there is no separate patrolling division in the police forces located in cities and
bigger townships.

Surveillance is yet another important function of the police which is based on anti-crime
work. Each police station has a list of criminals and anti-social elements which require
special watch. The information about these criminals is kept on cards arranged alphabetically
in modus operandi (a particular way or method of doing something) boxes and their
photographs are exhibited in the police station. In the modern age of computers, it is
advisable that all necessary information regarding notorious criminals and anti-socials should
be feeded into the computer pool so that it may be readily referred to by the investigator at
the police station or the sub-divisional police officer or even the CID branch.

2) Preventive Functions- (Making arrests)

In order to prevent a crime the police are to make arrest of law-breakers and suspected
criminals and take them into custody. Sections 71 and 73 of Cr.PC, further afford adequate
protection to the police officials against legal action for wrongful restraint of an innocent
person who was apprehended and kept in police custody under a bonafide belief that he was
an offender or a law-violator. The National Police Commission has suggested that a new
Section 50-A be added to Chapter V of the Code, requiring the police to give intimation
about the arrest to anyone who may reasonably be named by the arrested person for sending
such information, so that necessary arrangements for release on bail etc, may be made by the
interested persons.

The police are generally accused of using unnecessary physical force while making arrest of a
suspected person. They use abusive language or threaten to use force and even beat him. The
most likely victim of police excesses is lower sections of society who are poor, illiterate and
disadvantaged persons. Whenever the police feel that the investigation cannot be completed
within the period of 24 hours fixed by sec.57 and there are grounds for believing that the
accusation or information is well-founded, the police officers making the investigation may
seek an order for remand from the nearest Judicial Magistrate. An order of remand is
conditioned upon satisfaction of the Magistrate; the period of such remand shall not exceed
fifteen days.
The Constitution of India also provides some safeguards against the arbitrary use of
preventive powers by the executive. The reason for arrest must be communicated to the
person arrested and he should be given opportunity to engage the Counsel of his choice for
defending his case. The police may arrest a person on a warrant issued by a competent Court.
An arrest made is in fact a case of arrest made by the Court through police. But at times, the
circumstances may require the police to make an arrest without warrant when police
apprehend the commission of a crime or when they have reason to believe that crime has
been committed by the suspected person.

3) First Information Report-

The first step to be taken by the police towards starting investigation of an offence is
registering the FIR in cognizable (heinous crimes) offences which reflects the actual
incidence of crime. It is recorded in four copies, the original sheet remains with the police
station as a permanent record whereas one carbon copy is handed over to the
informant/complainant free of cost and one copy each is sent to the concerned SP/DCP and to
the Magistrate/Metropolitan Magistrate, as the case may be. All copies must bear the seal of
the Police Station. The contents of the FIR disclose the incidence of crime describing when,
where and how it was committed and who committed it and against whom.

Where the Police refuses to file a FIR, a written complaint can sent by post to the SP or the
complainant can directly approach the Judicial Magistrate to record the complaint and the
Magistrate may direct the police to investigate the case.

The registration of FIR need not necessarily result in arrest of the person accused of the
crime, it only facilitates proper investigation. If there is no sufficient prima facie evidence,
the police have the power to file closure report.

Though registration of FIR by Police is mandatory under sec.154 of the Cr.PC where the
information discloses commission of a cognizable crime, the Supreme Court found that this
provision is not being rigidly implemented as the “police, in order to show minimal rise in
crime within their jurisdiction often under-reported criminal activity.

An informant need not have to be present personally before the police to file FIR. He can file
through email, recording on telephone etc.

4) Conditional Release of Accused on Bond etc.

The police also have the power to release an accused on a bond with or without sureties in
case there is no sufficient evidence or reasonable ground of suspicion to justify the
forwarding of the accused to a Magistrate. The provisions contained in sec.437 of CRPC
relating to grant of anticipatory bail to the accused are intended to ensue rule of law although
it hinders police work in the following ways:-

i) Anticipatory bail may enable the accused to tamper with evidence against him.

ii) the police cannot get remand under sec. 167 if the offence is related to property.
iii) it has a demoralising effect on the victim who feels unsafe and insecure with the free
movements of the accused.

iv) it obstructs impartial investigation by the police.

The arrested person can apply for bail even in non-bailable offences. The officer incharge of
a police station and the Magistrate have power to grant bail in all such cases except those
punishable with death or imprisonment for life. The Magistrate at his discretion has the
power to grant bail even in those cases where the accused is a minor below 16 years of age, a
woman or sick or infirm persons.

5) Investigation by Police-

It is often alleged that the police uses brutal methods to extract confession from persons
suspected by them as criminals. The use of third degree methods to extract confession still
persists without any real protest from any quarters. Besides, there is a general perception that
police version in a criminal case is not trustworthy as evidenced by sec.25 and 26 of the
Evidence Act, 1872 which makes confession made to a police officer inadmissible in
evidence. Only that part of the confessional statement which leads to a material recovery is
valid evidence under sec.27.

Sec. 162 of the CrPC, provides that no statement made by a person to a Police Officer in the
course of investigation if reduced in writing, shall be signed by the person making it. The
provision shows deep distrust of law for the police which are the most vital agency for the
investigation of crimes.

The purpose of investigation is to collect evidence and apprehend the culprit. It is the duty of
everyone concerned to assist the police in their work. The police can question any person
supposed to be acquainted with the facts and circumstances of the case, and any such person
shall be bound to answer truly all questions relating to such case. In investigation, a police
officer can call in writing a person to be witness who appears to have some knowledge of the
crime being investigated and who is within the jurisdiction of such police officer or in an
adjoining police station. The witness has to appear before the police officer but a woman or a
child below 15 years of age cannot be required by the police officer to go to any place other
than their own residence. A witness appearing in police investigation may take help of a
lawyer in answering written question put to him/her.

Political interference at the stage of investigation has become a routine affair. This invariably
happens at the stage of submission of charge sheet. Threats of suspension, dismissal or
transfer make it difficult for the police officers to conduct the investigation impartially. The
result is that the case does not go for trial and if it does, the evidence could be so manipulated
that it fails in the court. In order to eradicate this evil, the Law Commission in its 14 th report
(1958) had suggested that investigating staff should be separated from the law and order staff
to enable the investigating officer to devote undivided attention to investigation work. It will
bring investigating police under the protection of judiciary which will greatly reduce the
possibility of political or other types of interference with police by invoking law of contempt,
if necessary.

6) Interrogation of Offenders and Suspects-

The police also have the power to interrogate and question the person suspected of having
committed a non-cognizable offence. But the police power to interrogate the suspect is
subject to certain limitations contained in sec.156 of the Code. The police must observe
certain civilities, not be coercive, should not extract admission or confession by coercive or
third degree methods. Though confession made to a police official is not admissible in trial, it
can however, be used in evidence of anything recovered as a result of the confession made to
a police officer by the accused.

7) Search and Seizure

The search and seizure conducted by police may be with or without warrant but should not be
unreasonable. If conducted on warrant issued be Magistrate it must contain the following
details;-

i) the information as to the statement of facts showing probable cause that a crime has been
committed,

ii) A specification of a place or places to be searched,

iii) A reasonable time-limit within which it must be conducted.

The police can also conduct a search without warrant when it is incidental to a lawful arrest
or where the object of search is a mobile vehicle which can quickly be removed out of the
police jurisdiction or when the accused has consented to it. Absence of coercion is sufficient
to establish that the suspect freely consented to the search.

The search must be made in day-time in presence of two independent witnesses of the
locality who are not connected with the police. An illegal search may lead to two serious
consequences, namely, it may either lead to a civil or a criminal action against the police or it
may result into acquittal of the accused. The legal provision of search and seizure must
maintain the balance between the security of persons on one hand and the protection to police
in discharging its duty properly on the other.

Thus, during the course of investigation, the police are empowered to make search, order
production of documents, seize any suspicious property, call witnesses, require them to attend
court and arrest persons suspected or having committed crime without warrant. After the
investigation, a police report is prepared upon which proceedings are instituted before a
Magistrate.

8) Maintain Inquest Register- (inquest-investigation or inquiry)

The police are to record information in the Inquest-Register in case a person dies under
unnatural or suspicious circumstances. Sec.174 where only the Magistrates are empowered to
hold inquest in order to find out whether death was homicidical, suicidal or accidental.
Inquest signifies judicial inquiry to determine the cause of death. Inquest investigation is a
preliminary on the spot enquiry by a police officer into cases of unnatural or suspicious death
with a view to recording a finding as to the apparent cause of death. After investigation,
inquest report is prepared which is duly signed by the investigator and attesting witnesses and
forwarded to the District or sub-Divisional Magistrate. The police have discretion not to send
the dead body for post-mortem examination only when there can be no doubt about the cause
of death. But this discretion has to be exercised honestly.

9) To assist the Prosecutor-

The success in prosecution largely depends on the promptness and ability with which the
investigation is conducted by the police. The police and prosecutor should have thorough
knowledge of substantive and procedural law of crime. The prosecution must come forward
with all material evidence to prove the charge. The witnesses should be apprised of the points
on which the prosecutor desires to examine them before they are actually brought in the
witness-box. As far as possible, unwilling witnesses should be avoided unless it is absolutely
necessary, so also multiplicity of witness should be avoided. This will save valuable evidence
being lost to the prosecution.

Another step is framing of a charge. Although it is for the Court to frame a correct charge but
the prosecutor should be vigilant to assist the court in framing the charge correctly. It is
preferable to frame a few more charges so as to minimise chances of offenders escape on the
plea that a proper charge has not been framed.

10) Identification etc.

After all usual functions of protecting life and liberty of persons and apprehending criminals,
the police also have to deal with special activities such as identification and laboratory
technical research. There are special divisions of police for finger printing, photography and
otherwise identifying criminals and for filing records.

11) Control of Juvenile Delinquency;

Since child care is a developmental function of the welfare state, the police have an important
role to play in controlling juvenile delinquency. The Police are involved with the
administration in three important stages i.e preventive stage, trial stage and the rehabilitation
stage. Other agencies such as the voluntary organisation, juvenile courts and social welfare
homes etc. help and assist the police with their specialised services, it is only the police
organisation which is duty bound to prevent and control ever-incresing quantum of juvenile
crime in India. A Police Juvenile Bureau in each State Police Headquarter may also be
established for this purpose.

12) General Welfare Functions-

As a part of welfare measure, the police is entrusted with yet more important function of
helping public in tracing out the missing persons. Special Missing Persons Squads have been
set up in metropolitan areas and other important cities as a part of police personnel who are
exclusively to deal with missing persons and owe a responsibility to restore them to their
families. The Home Guard Voluntary Organisation was started after the Indian Independence
to cope up with the additional work of the Police. These volunteers can be utilised to assist
the regular police force in maintaining law and order in times of emergency. This is indeed a
laudable scheme of social welfare entrusted to police force. Eg- they help in protecting
people from flood, fire, famine or disease etc.

12) Judicial Approaches

The judiciary has quite often made adverse comments about the working of the Indian Police
and blamed it for corruption, dishonesty, inefficiency and its oppressive methods of
investigation. Earlier, the police Commission also commented adversely against the Police
and observed that the police are so far from efficient if is defective in training and
organisation, it is inadequately supervised and generally regarded as corrupt and oppressive
hence utterly failed to win the confidence and cooperation of the public. Justice A.N.Mulla of
the Allahabad HC characterised police force as the ‘largest single lawless group’. Judiciary
has made the following suggestions for the improvement of police image-

1) Policemen should be made to understand that they are basically to help the public and not
harass them.

2) The use of force should be minimised to the barest necessity so that public voluntarily
extends a helping hand to the police.

3) In order to win public co-operation and support, the police must demonstrate absolute
impartiality in its work without being influenced by the pressure from political high ups.

4) Proper training should be imparted to policemen of all ranks and they should be apprised
of the latest techniques of crime detection and investigation.

5) The police force should be adequately staffed and equipped with latest weapons to meet
new challenges.

6) The Police Act of 1861 needs to be repealed and the new Police Act 2006, brought into
effect forthwith.

7) Surprise visits to police stations and similar units of senior officers should be intensified.
This would help in early detection of person held up in unauthorised custody and subjected to
ill-treatment.

In the modern welfare State the police should play the role of a friend and a guide to the
common man, and members of the community on their part, should also realise that
policemen are after all a part of the society and therefore, they are to be trusted and taken into
confidence. The reasons such as growing crime and violence are population explosion,
unemployment, political patronage of anti-social elements, terrorism and so on, though it is
true but a distinct improvement in the law and order situation is still possible if policemen act
with great efficiency and honesty.

13) NHRC guidelines on Police Public Relations

The guidelines issued by the National Human Rights Commission on Dec,22,1999 to all the
police officials posted at police stations are of invaluable significance as they enable the
police officers to perform their duties in a manner compatible with recognised human rights
standards. It includes-

i) Providing a toll-free telephone number for the public to convey crime information to the
police;

ii) Transparency in the investigation process by registration of offences and recording

progress of investigation and complainants must have access to information about their cases.

iii) Monthly meeting of Station House Officer with the public. This will enable people to
voice their grievances and also provide for police an opportunity to inform people about the
law and order situation.

Emphasising the need for people’s participation in policing, the Commission observed that as
a vital component of the governmental machinery, the police too, are under an obligation to
take into account community aspirations and activities policing to serve the needs of the
people. Transparency and fairness in the police functioning are an asset for the people
oriented policing system.

5) Police organization under the State Government

A police district is an area declared so by the State government. It is considered the most
important supervisory and functional unit of police administration because the officer in
charge of the district (i.e Superintendent of Police or SP) has operational independence in
matters relating to internal management of the force and carrying out of law and order duties.

The hierarchy of police officials working in the State Police force includes, Director General
of Police, the Inspector General of Police, Deputy Inspector General of Police,
Superintendent of Police, Deputy Superintendent of Police, Circle inspectors, sub-Inspectors,
Assistant Sub-Inspectors, Head Constables and Recruit Constables etc. for the sake of
administrative convenience, there may be one or more Additional Superintendents of Police
and Deputy Superintendent of Police. The Superintendent of Police is incharge of the entire
police force in the district and is responsible to the District Magistrate so far law and order
problem is concerned. However in metropolitan cities of Bombay, Calcutta, Madras,
Hyderabad etc. the powers of Superintendent of Police and those of District Magistrate are
combined in one single official called the Police Commissioner. The constitution confers
exclusive power on the States to control and regulate the functioning of the police s the
maintenance of public order and police, including the railway and village police, are State
subjects.

A police station headed by Inspector or sub-inspector is the basic unit of police functioning. It
is engaged with i) registration of crimes ii) local patrolling iii) investigations iv) handling of
various law and order situations eg- demonstrations and strikes v) intelligence collection and
vi) ensuring safety and security in its jurisdiction. A police station may have several police
outposts for patrolling and surveillance. Generally the state government in consultation with
the head of the state police force i.e Director General of Police or DGP may create as many
police stations with police outposts in a district as necessary, in line with the population of
the district, the area, the crime situation and the work load.

The State government exercises control and superintendence over the state police forces. At
the district level, the District Magistrate may also give directions to the SP and supervise
police administration. This is called the dual system of control at the district level.( authority
vests in both DM an SP). In some metropolitan cities and urban areas, the dual system has
been replaced by the Commissionerate system to allow for quicker decision making in
response to complex law and order situations.

Direct recruitment within the state police force takes place at three levels: i) Constables ii)
Sub-Inspectors and iii) Assistant or Deputy SP. The state governments are responsible for
recruiting police personnel directly to the ranks of Constables, Sub-inspectors and Deputy SP.
The central government recruits Indian Police Service officers for the rank of Assistant SP.
IPS is an All India Service created under the Constitution. Vacancies at other positions may
be filled up through promotions.

Training of the police forces is carried out on various kinds of state training institutes. For
e.g.- States have apex institute to train officers i.e. Deputy or Assistant SP and above rank
personnel. Ii) Police training schools for subordinate ranks and the constabulary and iii)
Specialised schools for specific police units like traffic, wireless and motor vehicle driving.

6) Police organisation under the Central Government-

A) Central Para-Military Forces:-

The Centre maintains various central armed police forces and paramilitary forces, of which
four guard India’s borders, and three perform specialised tasks. These are: Assam Rifles;
Guards India’s borders with Myanmar:

Border Security Force (BSF): Guards India’s borders with Pakistan and Bangladesh:

Indo Tibetan Border Police Force; guards the border with China

Sahastra Seema Bal: guards India’s borders with Nepal and Bhutan.

Central Industrial Security Force (CISF):

Provide security to critical infrastructure installations, such as airports, atomic power plants,
defence production units and oil fields.

Central Reserve Police Force (CRPF)- deployed for law and order, counter-insurgency,
anti-naxal and communal violence operations

National Security Guards (NSG)- specialised in carrying out counter-terrorism, counter

hijacking and hostage-rescue operations. In addition, it provides VIP security and security for
important events.

B) Unarmed Police Organisation:

Intelligence Bureau (IB): The IB is the central intelligence agency for all matters related to
internal security, including espionage, insurgency and terrorism.

Central Bureau of Investigation (CBI): the CBI is an investigating agency set-up under the
Delhi Special Police Establishment Act,1946. It is responsible for investigating serious
crimes having all India or inter-state ramifications, such as those related to corruption,
financial scams and serious fraud and organised crime eg- black marketing and profiteering
in essential commodities. CBI takes up an investigation: on the order of the central
government with the consent of state Government and on the order of the Supreme Court and
High Courts.

National Investigation Agency (NIA)- the NIA is an investigating agency set up under the
National Investigation Agency Act,2008. It is responsible for investigating offences against
the sovereignty, security and integrity of the country punishable under eight specified laws
such as Unlawful Activities (Prevention) Act, 1967 and the Anti-Hijacking Act,1982. NIA
takes up an investigation on the order of the central government, either on the request of a
state government or suo moto.

National Crime Records Bureau (NCRB)-

The NCRB is an institution that collects and maintains records on crime across the country. It
coordinates and disseminates this information to various states, investigating agencies, courts
and prosecutors. It also functions as the national storehouse for fingerprint records of
convicted persons.

Bureau of Police Research and Development ( BPRD)-

The BPRD was set up with the mandate to identify the needs and problems of the police
forces in the country. Its responsibilities include i) promoting use of science and technology
in police work, ii) monitoring and assisting with the training needs of police forces, iii)
assisting the centre in developing quality standards with respect to police equipment and
infrastructure.
9) Law relating to Police Administration

The National Police Commission, in one of its report recommended the setting up of a
Central Police Committee and Security Commission in States and replacement of the
outdated Police Act of 1861 by the New Police Act the Draft of which is prepared by the
Commission.

The Central Police Committee was to advise the Government and the State Security
Commission on matters relating to police organisation and police reforms of a general nature.

The Committee was also to advise them on matters relating to Central grants and budgetary
allotments to the State police forces. It could make a general evaluation of the State of
policing in the country and provide expertise to the State Security Commission for their
assistance. The National Police Commission in its 8 th and concluding report of 1981,
submitted a new Police Bill for India. Thereafter in 2005 the Ministry of Home Affairs
constituted the Police Act Drafting Committee to draft a Model Police Bill for India.

Government of India constituted a Committee on 20 th September,2005 draft a new Police Act

in view of the changing role of the police to face the new challenges of the present time. This
Committee prepared a draft outline for new Police Bill (Act) which was submitted to the
Central Government on 9th September, 2006.

The primary object of the Bill was to create respect for and promotion of human rights of the
people, and protection of their civil, political, social, economic and cultural rights.

The Act consisted of 221 sections and underlined the need for police to be professionally
organised, service oriented, free from extraneous influences and accountable to law. It further
provided that it is the constitutional obligation of the State to provide an impartial and
efficient police service safeguarding the interests of vulnerable sections of society including
the minorities and respecting the democratic aspirations of citizens.

The Indian legal system gave the people living in the country much control. Article 21 of the
Indian Constitution gives the lives of imprisoned, under-trails and accused people hope.
These citizens ought to be treated humanely and in the way prescribed by the statute. In
Maneka Gandhi V Union of India (AIR 1978 SC 597) the SC held that State and as a matter
of fact, the police as its main law enforcement agency have an unquestionable duty to bring
in offenders to book. Nevertheless, the law and procedure that the State has adopted to
achieve must conform to civilised norms. Therefore the method the State has implemented
must be lawful, equitable and rational.

Police is the subject governed by states, under the Constitution. Hence each of the 29 States
has its own security departments. In fact, the centre is authorised to maintain its own security
forces and support states in maintaining law and order. Police department play a key role in
maintaining and executing laws, solving offenecs and providing security for the country’s
citizens.
Sec.29 of the Indian Police Act, 1861 states that if a person is at the end of the misconduct
due to a police officer’s omission of duty, the officer may be punished with upto 3 months
imprisonment and upto 3 months salary penalty.

Police Complaint Authority (PCA) was formed in 2006 for managing police complaints and
improving the police system’s framework and way of operating. If there is a case of serious
wrongdoing the police officer may be found responsible. Anybody who has experienced
police brutality will lodge a lawsuit with PCA.

The courts have explicitly given rules specifying that, during the inquiry a police officer
cannot intimidate people and must write down minutes of the inquiry in the station log or the
daily journal.

Police reform in India

Police make up about 3percent of government spending. If the responsibility for maintaining
law and order and prosecuting crimes rests with state police services, central powers support
them with intelligence and national security problems. Police investment accounts for around
3% budgets of the federal and state government. .