Project Submission: Trimester IX, Criminal Procedure Code

NATIONAL LAW INSTITUTE UNIVERSITY, BHOPAL

Criminal Procedure Code: IX Trimester Project

Topic:

Police Reforms: Brawns and Brains?

SUBMITTED BY: SUBMITTED TO:

RITWIK PRAKASH SRIVASTAVA Mr. P. K. Shukla

SECTION- A Professor

ROLL NO. – 2017BALLB27 NLIU Bhopal

ENROLLMENT NO. - A-1803

Acknowledgment

This project could only be completed within the deadline due to the combined value inputs of

several people, for which I most humbly express my gratitude and regards. First and foremost

I would like to thank the faculty of Criminal Procedure Law, Prof. Mr. P. K. Shukla, who was

ever-ready to guide me, even post class-hours and during the harsh period of quarantine

wherein she sent in her feedback, inputs, and even online sources to be referred to to make

this project possible. He always gave me confidence to push forward and made me realise

that a solution could be reached at all times. It has been my pleasure to include his inputs in

whatever way I could at all stages of the project.

Further, I would like to thank my seniors who helped me come up with a skeletal structure of

the project, helping me with finding relevant sources of information. This project couldn’t

have been possible without their positive words and an elderly brotherly pat on the back.

A huge thanks also goes to my batchmates and who went through the ups and downs during

all this while, together with me. Their help is appreciated utmost.
 Project Submission: Trimester IX, Criminal Procedure Code

Table of Contents

Synopsis.....................................................................................................................................3

1. Introduction:....................................................................................................................3

2. Review of Literature:......................................................................................................4

3. Research Question:..........................................................................................................8

4. Statement of Problem:.....................................................................................................8

5. Hypothesis:......................................................................................................................8

6. Objectives of the Study:..................................................................................................9

7. Research Methodology:..................................................................................................9

ABSTRACT..............................................................................................................................10

I. INTRODUCTION.............................................................................................................11

II. INDIA, LAW, AND POLICE............................................................................................13

i. Constitution of India and Police....................................................................................13

ii. Police and Co-relation with Criminal Procedure Code.................................................13

III. PROBLEMS AT A GLANCE: THE WHY OF THE QUESTION......................................16

A. Politicization of Police..................................................................................................16

B. Accountability of Police................................................................................................17

C. Cases of Custodial Torture............................................................................................19

IV. DIFFERENT MODELS OF POLICING..........................................................................21

A. The Peelian Principles...................................................................................................22

V. POLICE BEHAVIOUR.....................................................................................................26

i. Legalistic Style..............................................................................................................26

ii. Watchman Style............................................................................................................26

iii. Service Style..................................................................................................................27

VI. COMPARATIVE ANALYSIS OF POLICE STRUCTURE IN DIFFERENT NATIONS. . .28

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 Project Submission: Trimester IX, Criminal Procedure Code

i. INDIA...........................................................................................................................28

ii. FRANCE.......................................................................................................................31

iii. SAUDI ARABIA..........................................................................................................32

iv. UNITED STATES OF AMERICA...............................................................................33

VII. POLICE AND COMMUNITY: INDIANIZATION OF POLICE......................................35

A. Tamil Nadu – Friends of Police....................................................................................35

B. Coimbatore – Samarth Community Policing Yojna.....................................................35

C. Trichy – Community Policing.......................................................................................36

D. Tuticorin – The Tuticorin Experiment..........................................................................36

E. Assam – Prahari, the Assam Community Policing Experiment...................................37

F. Mumbai – Mohalla Committee Movement...................................................................37

G. Madhya Pradesh – Parivar Paramarsh Kendra..............................................................38

VIII.SUGGESTIONS AND RECOMMENDATIONS...............................................................39

A. Model Police Act, 2006.................................................................................................40

IX. CONCLUSION.................................................................................................................43

X. BIBLIOGRAPHY..............................................................................................................44

A. List of Statutes...............................................................................................................44

B. List of Cases..................................................................................................................44

C. List of Books and Journals............................................................................................44

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 Project Submission: Trimester IX, Criminal Procedure Code

Synopsis

Police Reforms: Brawns over Brains?

1. Introduction:

Policing is amongst the most vital of the capacities which can be embraced by any sovereign

government. For the state hardware, Police is an organ which guarantees support and peace

and furthermore the nexus in the criminal equity framework. Policemen do get a corporate

attribute from the uniform they wear; the normal man can recognize and approach him by the

virtue of a uniform.

Dictionary characterizes Police as the administrative division accused of the direction and

control of the undertakings of a group, now primarily the office built up to look after request,

implement the law, and forestall and distinguish wrongdoing.

The agencies which perform the task of enforcing the law are usually considered to be the

core element of any society which is democratic in nature. Police is one such law

enforcement body which prevents crime and makes efforts to maintain law and order in

society. In other words, in every democratic society certain law enforcement officers

including the police officers perform the work of investigation and prevent crime from

happening. Also, their task also includes responding to the emergency situations and

providing support services when needed.

The police force can be considered to be the force which

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 Project Submission: Trimester IX, Criminal Procedure Code

1) is subject to the rule of law, rather than whims and caprices of the powerful;

2) can intervene in the life of the citizens only in circumstances;

3) is accountable to the general public.

Police are thus, oral and legal actors in the society. All the police systems across the globe

have developed on a socio-cultural background, which is the reason behind huge difference

existing between these systems.

This project primarily explains the structure and hierarchy of policing in India. This project

also makes an effort to examine the various police structure that exists in the modern world.

India, France, Saudi Arabia, Singapore and the United States of America have been taken as

examples of various types of police models. The project further places reliance upon the

positive and negative aspects of these systems and makes an effort to delve into how the

Indian Police system can be understood in light of these policing models. As a conclusion,

the authors provide certain suggestions which may be adopted in order to improve the current

structure and to achieve the desired results more efficiently.

2.  Review of Literature:

Review of literature relating to the field of study is essential to gain the background

knowledge of the research topic and to identify the appropriate research design. The

researcher has studied the literature which includes books, journals, magazines, research

articles and newspaper articles.

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 Project Submission: Trimester IX, Criminal Procedure Code

a. All India Reporters: From this book researcher has used various case laws to study

the concept of Human Right related with the Constitutional provisions of India and

also the study of Criminal Laws related to Human Right. The researcher has

mentioned case laws in the thesis to clear the concept of Human Right

b. Varwell (1978) in his book "Police and Public": The author presents certain

remedies and explains for the police officer some of the many forces that effect the

society in which he works. Equipped with this knowledge, the people recruit should

be able to understand more fully his own roles in society and at the same time the

expectations and opinions of the public has of his role as public officer.

c. Mehra (1985) in his book on "Policing in changing India": The author places

emphasis on the role of police force under a colonial rule and democratic government

is similar as well as different. The similarity lies in the basic role of the police, which

is maintenance of law and order as well as prevention and detection of crime. The

difference lies in the objectives of the two types of governments. The colonial

government aims at maintaining status quo. They are naturally repressive. A

democratic government on the other hand sustains itself through change and is based

on the development and welfare. Police in such society is expected to be service

oriented and to strengthen the force of social change.

d. Friedmann W., 2008, 'Law in changing society’ Second Edition, Fourth Indian

Reprint: The author or this book who mentioned instruments of legal change by

giving saving and Bentham’s, Ehrlich approach. The important topic as Criminal Law

in a changing world the fundamentalist and utilitarian approaches to the Functions of

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 Project Submission: Trimester IX, Criminal Procedure Code

Criminal Law changing purposes of punishment alternatives to the sanction of

criminals. He also discussed about future for Criminal Law.

e. Kelkar's R.V., 2008, 'Criminal Procedure' Fifth Edition - Eastern Book

Company: Lucknow. In this book on the Criminal Procedure Code giving section-

wise commentaries. Author organised topic-wise subject to imparting knowledge of

the provisions and also developing insight into the subject. The Research Scholar

study is on Criminal Laws in India. This book is important to cover the major

Criminal Law. The researcher who studied the book.

f. Lal Batuk, ‘The Law of Evidence Central Law Agency Allahabad’, 19th Edition:

The author Batuk Lal who defines the Indian Evidence as evidence is needed in every

case whether it is civil or criminal.

g. Mathur (1991), "Police in India, Problems and perspectives": The author

examines how police developed in various societies and what role is expected to play

in Pluralistic developing society and many such critical issues, which provide

perspective to the police.

h. Mishra Prakash, 2012, 'Human Right in India's First Published Cyber Tech

Publications New Delhi: The author who define the position of Human Right in

India personal Rights in India, Right of privacy, Human Rights of minorities and role

of Information Act 2005.

i. List of Cases: Various cases have been highlighted throughout the analysis of the

research project to understands the legal development of the guidelines. The same

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 Project Submission: Trimester IX, Criminal Procedure Code

have been crucial in understanding the historical and gradual development of the legal

jurisprudence about the police reforms and guidelines to be followed.

(1) Arnesh Kumar vs State of Bihar, (2014) ALL SCR. 2542

(2) Rudul Sah vs State Of Bihar And Another, 1983 AIR 1086.

(3) Bhim Singh, Mla vs State Of J & K And Ors, AIR 1986 SC 494.

(4) Smt. Nilabati Behera Alias Lalit ... vs State Of Orissa And Ors, 1993 AIR

1960.

B. Case of custodial death. Petitioner’s 22 y/o son was beaten to death in

custody. Relief under 21 and 32 of CoI was asked. .Court upheld the

same.

j. List of Statutes: The following statutes, and legislations were referred to during the

course of this project. They have been accordingly footnoted as and where required all

through the analytical portion of the project.

1. Constitution of India, 1950.

2. Code of Criminal Procedure, 1973.

3. The Police Act, 1861, § 23.

4. Right to Information Act, 2005

k. Manupatra: The online database of legal literature and case laws was the most

helpful in procuring relevant judgements and reports which were needed for this

project.

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 Project Submission: Trimester IX, Criminal Procedure Code

l. HeinOnline: The online database has a rich collection of literature on privacy

concerns which arise out of contemporary developments in society. The database was

very helpful in giving access to a curated list of readings which were important for

this project.

3. Research Question:

a. What are the different models of policing?

b. What are the different styles of policing behaviour?

c. What is the policing regime in some other jurisdictions and nations?

d. What could be some suggestions for improvements in the current policing regime in

India?

4. Statement of Problem:

In today’s society a citizen who is innocent is more afraid of police than a guilty one. This

tendency of being afraid of police is not an unfounded or irrational one. The frequent reports

of police brutality are not unwarranted. Not only India (most recently the Vikas Gupta

encounter) but USA, France, all nations currently are facing the problem of unwarranted

police brutality. While an isolated incident may be attributed to an aberration, a series of

them can only mean that there are some reforms required in the Policing institutions of the

world.

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 Project Submission: Trimester IX, Criminal Procedure Code

5. Hypothesis:

The frequent reports of police brutality and misconduct are concerning. Such a predicament

has to be dealt with by an imminent overhaul of the policing mechanism. As such, policing

reforms need to be considered based on the various recommendations by working groups, and

task force reports.

6. Objectives of the Study:

This project aims to discuss the various practicable and normative police reforms pursuant to

various stages of criminal and civil investigations. Given the new developments in the

jurisprudence governing fundamental rights of a person, and the due process of law, and the

effective functioning of a police institution.

The paper aims at highlighting the various models and systems of policing, and initiating a

discussion on the difference and similarities between policing structures in different

jurisdictions.

The objective is to suggest practical changes to the existing policing regime in India in

accordance with the established principles of due process, constitutionality and human rights.

7. Research Methodology:

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 Project Submission: Trimester IX, Criminal Procedure Code

The research methodology is doctrinal. The data for this project has been collected from

various sources such as government websites, journals, newspaper articles, books, etc. After

the collection of the data it was assembled in one place and analysed thoroughly. The

important and relevant information was retained and arranged in a meaningful order under

headings and subheadings. Thus, the objectives were accomplished and the project was

completed.

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 Project Submission: Trimester IX, Criminal Procedure Code

ABSTRACT

The agencies which perform the task of enforcing the law are usually considered to be the

core element of any society which is democratic in nature. Police is one such law

enforcement body which prevents crime and makes efforts to maintain law and order in

society. In other words, in every democratic society certain law enforcement officers

including the police officers perform the work of investigation and prevent crime from

happening. Also, their task also includes responding to the emergency situations and

providing support services when needed.

This project primarily explains the structure and hierarchy of policing in India. This project

also makes an effort to examine the various police structure that exists in the modern world.

India, France, Saudi Arabia, Singapore and the United States of America have been taken as

examples of various types of police models. The project further places reliance upon the

positive and negative aspects of these systems and makes an effort to delve into how the

Indian Police system can be understood in light of these policing models. As a conclusion,

the authors provide certain suggestions which may be adopted in order to improve the

current structure and to achieve the desired results more efficiently.

11
 Project Submission: Trimester IX, Criminal Procedure Code

I. INTRODUCTION

Policing is amongst the most vital of the capacities which can be embraced by any sovereign

government. For the state hardware, Police is an organ which guarantees support and peace

and furthermore the nexus in the criminal equity framework. Policemen do get a corporate

attribute from the uniform they wear; the normal man can recognize and approach him by the

virtue of a uniform.

Dictionary characterizes Police as the administrative division accused of the direction and

control of the undertakings of a group, now primarily the office built up to look after request,

implement the law, and forestall and distinguish wrongdoing. The police force can be

considered to be the force which

1) is subject to the rule of law, rather than whims and caprices of the powerful;

2) can intervene in the life of the citizens only in special circumstances;

3) is accountable to the general public.

Police are thus, oral and legal actors in the society. All the police systems across the globe

have developed on a socio-cultural background, which is the reason behind huge difference

existing between these systems.

Under the Constitution, police is a subject governed by states.1  Therefore, each of the 29

states have their own police forces.  The centre is also allowed to maintain its own police

forces to assist the states with ensuring law and order. 2 Therefore, it maintains seven central
1
Entry 2, List II, Schedule 7, Constitution of India, 1950.
2
Entry 2 and 2A, List I, Schedule 7, Constitution of India, 1950.

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 Project Submission: Trimester IX, Criminal Procedure Code

police forces and some other police organisations for specialised tasks such as intelligence

gathering, investigation, research and record-keeping, and training. 

The primary role of police forces is to uphold and enforce laws, investigate crimes and ensure

security for people in the country.  In a large and populous country like India, police forces

need to be well-equipped, in terms of personnel, weaponry, forensic, communication and

transport support, to perform their role well. Further, they need to have the operational

freedom to carry out their responsibilities professionally, and satisfactory working conditions

(e.g., regulated working hours and promotion opportunities), while being held accountable

for poor performance or misuse of power.3

3
“Public Order”, Second Administrative Reforms Commission, 2007, http://arc.gov.in/5th%20REPORT.pdf;
“Police Organisation in India”, Commonwealth Human Rights Initiative, 2015,
http://www.humanrightsinitiative.org/download

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 Project Submission: Trimester IX, Criminal Procedure Code

II. INDIA, LAW, AND POLICE

i. Constitution of India and Police

Officers of the Indian Police Service, which is an all India service constituted under Article

312 of the Constitution, provide the leadership for the police force in each State. Disciplinary

control over IPS officers is shared by the State Government concerned and the Central

Government.

Article 312 of Indian Constitution says: -

“(1) Notwithstanding anything in Chapter VI of Part VI or Part XI, if the Council of

States has declared by resolution supported by not less than two thirds of the members

present and voting that it is necessary or expedient in the national interest so to do,

Parliament may by law provide for the creation of one or more all India services

(including an all India judicial service) common to the Union and the States, and, subject

to the other provisions of this Chapter, regulate the recruitment, and the conditions of

service of persons appointed, to any such service”.4

ii. Police and Co-relation with Criminal Procedure Code5

The role of police in India is not only to maintain order and peace in society but plays a very

crucial role in the judiciary. The courts rely highly on police for many things such as to arrest

a person, in the collection of evidence, in preparing charge sheet and making FIR (first

4
INDIA CONST. Art. 312(1).
5
Code of Criminal Procedure, 1973.

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 Project Submission: Trimester IX, Criminal Procedure Code

instance report) etc. The role of police is discussed in brief through provisions of CrPC to

understand how the police is essential for the judiciary to carry out judicial functions and to

provide justice.

Chapter 5 of CrPC(Criminal Procedure Code) deals with the arrest of persons here in this

chapter the procedure for arrest is laid down sec 41 defines when police may arrest without

warrant. Sec 41-B talks about the duties of the police officer making the arrest. And sec 60-A

of the code makes it clear that arrest should be made strictly according to the code. The police

following can arrest a person and produce him before a magistrate and has the power to use

necessary force required to keep the arrested person in the custody until the verdict of the

court comes.

Similarly, chapter 6 of CrPC discusses the role of the police to serve summons and warrant as

per the order of the court. Sec 62 of code tells how summons should be served. Sec 74 talks

about warrant directed to a police officer what has to be done the powers and duties of a

police officer while serving a warrant. Sec 80 lays down the procedure while arresting under

warrant. Sec 88 police have the power to take bonds for appearance.

In chapter 10 of CrPC, the police is given power and duty to maintain public order and

tranquillity. Sec 129 talks about how the assembly that is disturbing public order can be

dispersed by use of civil force. Also in chapter 11 in sec 149 the power is given to the police

to prevent cognizable offence. And sec 152 give power to police to prevent injury to public

property.

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 Project Submission: Trimester IX, Criminal Procedure Code

The most important role of the police in the judicial process is their power to investigate and

collection of evidence that power is given to the police in chapter 12 of CrPC. Sec 157 talks

about the procedure for investigation. Sec 158 talk about how the report should be submitted.

Sec 161 gives power to police to examine the witness. Sec 164 talks about the recording of

confessions and statements and also in chapter 17 the duty to for the charge is given to the

police.

Based on the charge sheet the jurisdiction of the court is decided and sec 211 talks about the

contents of the charge. The police officer based on the information received and through

preliminary examination decides the charges which are to be leveled against the accused. And

based on that the court starts the examination of evidence to decide whether the accused is

guilty of the charge or not. Thus from this, we can conclude that role is police is crucial not

only in maintaining law and order but also in the enforcement of the law. Now let us look at

police systems in different countries.

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 Project Submission: Trimester IX, Criminal Procedure Code

III. PROBLEMS AT A GLANCE: THE WHY OF THE

QUESTION

A. Politicization of Police

The doctrine of “separation of powers” is taken to be a fundamental part of the basic features

of our Constitution.6 The three pillars of the State, namely the Legislature, the Judiciary, and

the Executive are bound by and subject to the Constitution. Its provisions specifically provide

for its, responsibilities, jurisdictions and their relationship with one another, and none are

expected to overreach their positions. They work for the overall interest of the country, even

though their jurisdictions are separated and demarcated. However, the “separation of power”

is merely a myth and things are different in the real life. The Indian Constitution provides for

every state to have its own police force.7 In addition to this, there are central police

organizations established by the national government for specialized work.

The Police Act of 1861 has given innumerable powers to the state government. The executive

under this authority seeks to control the legislature thereby abusing the doctrine of separation

of powers. Section 3 of the Indian Police Act 1861 says, “The superintendence of the police

throughout the general police district shall vest in and shall be exercised by the state

government to which such district is subordinate and except as authorized as under the

provisions of this Act, no person, officer or Court shall be empowered by the state

government to supersede or control any police functionary.”8 This section very clearly cuts

the powers of the court too. The head of the state police i.e. D.G. or I.G.P. enjoys his tenure

6
B. Shiva Rao, The Framing of India’s Constitution, 6 MODERN ASIAN STUDIES, 357-360 (1972).
7
G. Austin, The Indian Constitution: The Cornerstone of a Nation, (1966).
8
Section 3. Indian Police Act of 1861.

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 Project Submission: Trimester IX, Criminal Procedure Code

at the pleasure of the Chief Minister of the concerned state. This state of affairs has resulted

in wide-spread politicization of the police where increasingly, allegiance is owed not to the

law but to the ruling political elite. Unfavourable political interference in the investigation of

the police terribly hinders the rule of law. Police Officers are often under pressure to use their

powers to shield those who enjoy the support of politicians belonging to the ruling party. 9 On

the other hand, officers who resist to bow before these politicians have to face frequent

transfers and in extreme cases, departmental inquiries and even false legal proceedings. This

further leads to the formation of a weak and a paralytic Criminal Justice System in the

country.

B. Accountability of Police

“Power tends to corrupt and absolute power corrupts absolutely”.10 This is indeed the bitter

truth as far as the Indian police is concerned. The growing criminalization of politics and

politicization of criminals have taken heavy toll on policing in the country. This phenomenon

has negatively affected the credibility and even the effectiveness of the police resulting into

lack of trust amongst large portions of the society. 11 Responsibility is accompanied by

accountability and thus the police must be answerable to the public. Rule of law is said to be

the corner stone of democracy. Rule of law implies equality before law and equal protection

of law.12 These values have been enshrined in Article 14 (Fundamental Rights) of the Indian

Constitution. Does Rule of Law really exist in India? Traditionally, the police are accountable

to their departments and the judiciary for any abuse of power. However, many countries

9
P. S. Appu, Need for Thoroughgoing Reforms, (June 9, 2002) http://www.boloji.com/ opinion/0014.htm.
10
Per Bylund, Power Corrupts, (March 2, 2004) http://www.strike-the-root.com/4/bylund/bylund3.html.
11
James Whitfield Policing the Wind rush Generation, (May7, 2000)
http://www.historyandpolicy.org/archive/policy-paper-45.html.
12
Part III, Constitution of India.

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 Project Submission: Trimester IX, Criminal Procedure Code

realize the importance of augmenting internal systems with civilian oversight to ensure that

police misconduct is investigated without bias. Hon’ble Chief Justice of India, Justice Y. K.

Sabarwal, pointed out that “the `Public Accountability’ is a facet of administrative

efficiency.13

At the same time, we do have several instances among the police fraternity where senior and

daring officers are denied promotion because they do not fit in the frame made by some

politicians and other officers. One such glaring incident has been reported in the Times of

India, Pune, India on page 15 dated the 27 of July 2007.which itself stands testimony that the

Police Act needs to be drastically reformed as it is outdated and not relevant to present day.

India’s first woman IPS Officer and super cop Kiran Bedi was denied to the Delhi’s police

top post, though her credentials were very strong and she possessed all the adequate

qualifications to be the Commissioner of Police New Delhi. For example, we are still

following the Indian Police Act, 1861 and the Prison’s Act, 1894. Comparing the corporate

sector to the government sector, Kiran Bedi said’ the latter lacked transparency and

accountability and there were no performance appraisals. Once someone enters the

government sector, he is never questioned and his performance doesn’t matter. It is the other

way around because if someone raises his voice against the system, he is pulled up for trying

to bring about reform.

Accountability can appear in two forms namely,14

a) Internal Accountability

b) External Accountability

13
Human Rights Watch. http://www.sifyblogs.com/blogs_preview.php?blogid=1430.
14
Association of Police Authorities, Pounding the beat: A guide to police finance in England and Wales, (1999).

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 Project Submission: Trimester IX, Criminal Procedure Code

An internal mechanism of accountability would dwell in a hierarchical set up, a system

wherein a police officer is answerable to his senior officer. There is a mention of such

accountability in the Indian Police Act of 1861. The Police Act of 1861 authorizes senior

police officers of the rank of superintendent of police and above to dismiss, suspend or

reduce in rank any police officer below the rank of inspector of police who they think is

negligent in the discharge of his duties or is unfit for the same. The senior officer is also

authorized to impose punishments which could be in the form of a fine not exceeding one

month’s pay, confinement to quarters not exceeding fifteen days, deprivation of good

conduct-pay and removal from any office of distinction or special emolument. 15 Internal

accountability mechanism is often condemned to be weak and biased.

An external mechanism of accountability would constitute the organizations like the courts,

the human rights organization and the non-governmental organizations. Writ petitions and

public interest litigation can be filed in higher courts and criminal prosecutions can be

launched in lower courts. A number of significant judgments have been rendered by the

higher courts prescribing safeguards or guidelines to regulate police conduct during arrest,

interrogation and other stages of investigation and also asking the government to pay

compensation in cases of custodial violence etc.16 Sadly, the delay in the court procedure and

the lack of accountability of the police department have literally alienated the poor in the

country. The Right to Information in India can be said to be a recent development ensuring

accountability of the government including the police.17

15
G. Joshi, Police Accountability in India: Policing Contaminated by Politics, 15 ASIAN HUMAN RIGHTS
JOURNAL, 422 (2005).
16
Section 7. Indian Police Act 1861.
17
Right to Information Act 2005.

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 Project Submission: Trimester IX, Criminal Procedure Code

C. Cases of Custodial Torture

The widespread use of custodial torture has been reported from various parts of the country.

This was possible only due to the active external accountability mechanism which includes

media. The number of custodial deaths that have been reported from regions that are not

normally associated with such violence by the police, like Kerala, 18 has been on the rise.19

Even though India was to soon ratify the United Nations Convention Against Torture and

Other Cruel, Inhuman and Degrading Treatment or Punishment, the Asian Human Rights

Commission has doubts whether any progress has been made in this direction. 20 To date,

custodial torture remains to be looked upon as a crime in India. There are no practical and

reasonable avenues through which a victim of custodial violence can seek redress in India,

other than via the expensive process of approaching the constitutional courts. On 18

December 1997, the Honorable Supreme Court of India pronounced a landmark judgment

aimed at insulating the C.B.I. and Directorate of Enforcement from external influences so that

they could function efficiently and impartially to serve the rule of law. The judgment also

declared null and void the Single Directive, which required the C.B.I. to seek permission

from the government before undertaking any inquiry or investigation against senior civil

servants of the rank of joint secretary and above. The Right to Information Act 2005 comes

as a ray of hope that each one of us abides by the law and there is justice to all and malice

towards none. Each one of us, whether a government servant or otherwise be accountable to

our words and deeds.

18
Asian Human Rights Commission, Government of Kerala Must Criminalize Torture to Prevent Custodial
Deaths, (August 14, 2006) http://www.ahrchk.net/statements/mainfile.php/2006statements/688.
19
Amnesty International Report 2000, http://www.pucl.org/reports/National/defenders.htm
20
United Nations Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or
Punishment, 10 December 1984. United Nations, Treaty Series, vol. 1465, p. 85

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 Project Submission: Trimester IX, Criminal Procedure Code

IV. DIFFERENT MODELS OF POLICING

The historical background and socio-cultural factors of a country primarily decide the

organization and the composition of the police structure in any nation. In a parliamentary

democracy setup, policing mostly works on the principle of consent by the population, e.g;

the United Kingdom. In other nation with different political apparatus, policing power is

vested in a state by the law.

With this, it can be observed that the police organizations of different nations have nothing in

common amongst themselves, except the basic goals to a certain extent. It can also be

observed that in certain jurisdictions these goals might not be similar.

However, qualified criminologists and experts have tried to make a classification of various

police structures of different jurisdictions and thus have made an effort to extract certain

characters which seem to be common amongst them. The most important amongst them is the

command architecture.

Classification based on the legitimacy or the legal backing of the police functions: -

 Policing by consent

 Policing by law

Policing by

Classification based on the command structures: -

 Number of forces which are to be commanded

 Types of forces

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 Project Submission: Trimester IX, Criminal Procedure Code

For analyzing policing in any democratic setup, the public perception of lawfulness the

legitimacy of law enforcement is an important criterion. 21 Lawfulness means that the police

comply with constitutional, statutory and professional norms. Legitimacy is linked to the

belief of the public about the police and its willingness to recognize police authority.

Generally, the public perception that the police are lacking in lawfulness and legitimacy leads

to distrust of these authorities. This distrust often leads to serious consequences. It

undermines the legitimacy of law enforcement, and without legitimacy, police tend to lose

their ability and authority to function effectively.22 Thus it becomes evidential that there

exists a certain level of trust and confidence of the people in the police structure while they

control the crime effectively.23

A. The Peelian Principles

The Peelian principles summarise the ideas that Sir Robert Peel developed to define an

ethical police force.24 The approach expressed in these principles is commonly known as

policing by consent in the United Kingdom and other countries such as Canada, Australia and

New Zealand.

Policing by consent means that the power of the police is derived from the common consent

of the police. This does not refer to the power of the state. It also does not refer to the consent

21
https://www.nij.gov/topics/law-enforcement/legitimacy/Pages/welcome.aspx
22
Ibid.
23
Horowitz, Jake, “Making Every Encounter Count: Building trust and Confidence in the Police”, NIJ Journal
256 (2007): 8-11, NCJ 216524
24
"Surveillance Camera Code of Practice" (PDF). UK Government Home Office. June 2013. p. 5. Retrieved 1
December 2013.

23
 Project Submission: Trimester IX, Criminal Procedure Code

of an individual. No individual would be able to choose to withdraw his/her consent from the

obligation to follow the police or the law. Policing by consent means the long-standing

philosophy of British policing, this is also known as the Robert Peel’s 9 Principles of

Policing. This is likely to have been devised by the first commissioner of police of the

metropolis (Richard Mayne and Charles Rowan). This principle lays down certain general

instructions which are as follows:

1. To prevent crime and disorder in the society, as an alternative to the repression by

military force and severity of legal punishment.

2. To always recognize that the power of the police to fulfill their duties and function

depends on approval of the public of their existence, behavior, and actions and on

their ability to secure and maintain the public respect.

3. To always recognize the fact that to secure and to maintain the respect and the

approval of the people/public means to secure the wilful co-operation of the general

public in the task of securing the observance of laws.

4. To always recognize that the extent to which the co-operation of the public can be

secured diminishes in proportion to the necessity of the use of physical force and the

compulsions for achieving the policing objectives.

5. To seek for and preserve the public favour, not by pandering to the public opinion; but

by a constant demonstration of absolute impartial service to law, in complete

independence of policy, and without any regard to the justice or injustice of the

substance of individual laws, by ready offering of individual services and friendship

to all the members of the public without any discrimination made on the basis of their

wealth or social standing, by ready exercise of courtesy and friendly good humour;

and by ready offering of individual sacrifice in protecting and preserving lives.

24
 Project Submission: Trimester IX, Criminal Procedure Code

6. To put physical force into use only when the exercise of persuasion, advice, and

warning seems to be insufficient to obtain public co-operation to an extent which may

seem to be essential to secure the observance of law or to restore order in society, and

to use only sufficient and minimum degree of physical force which seems to be

necessary on any specific occasion for achieving the policing objectives.

7. To maintain at all the times such a relationship with the public that it gives reality to

the historically observed tradition that the “police are the public and that the public

are the police” and the policemen being the member of the public only who are paid

specifically to invest their full-time attention to the duties which are incumbent on

each and every citizen in the interests of the welfare of the community and its

existence.

8. To recognize that there is always a need for the strict adherence to the police’s

executive functions, and refraining from even seeming the usurpation of the powers of

the judiciary of avenging on the behalf of an individual or the State, and of

authoritatively judging someone guilt and punishing him/her as guilty.

9. To always recognize that the test of police efficiency is simply the absence of the

existence of crime and disorder and never the visible evidence of the police action in

dealing with them.

Policing by consent is the model in which the police officers are regarded as citizens in

uniform. The powers which are exercised by these police officers are with the implicit

consent of the fellow citizens.  "Policing by consent" suggests and indicates that the

legitimacy of policing in the eyes of the public is merely based upon a general consensus of

25
 Project Submission: Trimester IX, Criminal Procedure Code

the support that follows from the transparency about their powers, their integrity in exercising

those powers and their accountability for doing so.25

Egon Bittner’s (a pioneer in the sociology of policing, and is widely credited with largely

defining the police function, the role of police use of force, and significant principles of law

enforcement organization)26 means-based definition of the police, which defines the police in

terms of their capacity to use non-negotiable coercive force in any situation that appears to

require a prompt and decisive response.27

Because modern law enforcement agencies perform many different functions, it is absolutely

impossible to define policing in the terms of its ends. While it stands true that one of the

functions of the police is to enforce the law, however, frequently they do not. Moreover, they

are expected to do a wide range of tasks, such as the prevention of crime, providing services,

and maintenance of order, which cannot be accurately described as the enforcement of the

law.

Unlike many other industrialized nations, the organization of the United States of America

law enforcement is fragmented into agencies at the local, state, and federal levels of

government.

25
"Surveillance Camera Code of Practice" (PDF). UK Government Home Office. June 2013. p. 5. Retrieved 1
December 2013.
26
What-when-how.com. (2018). BITTNER, EGON (police). [online] Available at: http://what-when-
how.com/police-science/bittner-egon-police/ [Accessed 21 Mar. 2018].
27
Oxfordbibliographies.com. (2018). Policing and Law Enforcement - Criminology - Oxford Bibliographies -
obo. [online] Available at: http://www.oxfordbibliographies.com/view/document/obo-9780195396607/obo-
9780195396607-0034.xml [Accessed 21 Mar. 2018].

26
 Project Submission: Trimester IX, Criminal Procedure Code

V. POLICE BEHAVIOUR

James Wilson, from Harvard, found that police work inside three operational styles of

policing: legalistic, service and watchman.28

i. Legalistic Style

This is believed to be a more professional approach on the part of the police. This approach is

taken by the police while in contact with the citizens and it is much more neutral and formal

in nature. There is the very little scope of discretion given to the police and most of the

procedures are provided and established by the law. Discretion which is provided to the

police is usually considered to be unethical in that type of police system. So, it can be said

that Police divisions which are working under the legalistic style work as per by the "black

letter of the law”. While making decisions, the top-up approach has to be taken, which

minimizes the possibility of the scope of inputs from the subordinate officers. In such

systems, mostly the output is observed to be very high performance, in terms of arrests made

and rates of ticketing.

ii. Watchman Style

The core focus of this type of policing is on the maintenance of law and order in the society.

Such policing can normally be seen in the areas which are having a high population. The

reason behind this is that such communities have a higher number of calls for police help.

28
JamesQ Wilson, Varieties of Police Behavior: The Management of Law and Order in Eight
Communities (Harvard University Press 1978)

27
 Project Submission: Trimester IX, Criminal Procedure Code

There is a scope of some discretion in the watchman style for the purpose of maintenance of

law and order.

Offenses and misdemeanors which are minor in nature can be ignored in certain cases, and

they might be solved without the intervention and involvement of other agencies. This style is

seen to be present to a limited extent in almost all the police departments.

iii. Service Style

Such type of police style is usually seen in affluent societies, wherein the higher value is

attached to the public opinion and the community relations. Serious offenses like robbery,

dacoity, and burglary are given much more emphasis comparatively to the minor offenses,

which are paid lesser attention. Arrests in this type of system are made only when they feel it

is absolutely necessary. Xenophobia is often seen to be present in this type of policing

systems, as the police make efforts to keep the society safe from people who are coming from

outside. Service style policing have comparatively higher financial and technological

resources.

28
 Project Submission: Trimester IX, Criminal Procedure Code

VI. COMPARATIVE ANALYSIS OF POLICE

STRUCTURE IN DIFFERENT NATIONS

i. INDIA

The police force in India is structurally very hierarchical and centralized, in terms of decision

making. Higher ranked officers are vested with more decision making power. Currently, the

system is four-leveled. The possibility of an officer, who is freshly appointed, to reach the top

of the hierarchy is close to negligible. Political influence is seen to be huge in the recruitment

of police in India.

There have been committees constituted to suggest reforms in this regards:

i. Gore committee (1971): Report on Police Training;

ii. National Police Commission (NPC)(1977): Wide terms of reference covering

the police organization, its role, functions, accountability, relations with the

public, political interference in its work, misuse of powers, evaluation of its

performance etc.;29

iii. Ribeiro Committee on Police Reforms (1998): A Security Commission

called “The Police Performance and Accountability Commission (PPAC)

was set-up;

29
Anon,(2018).
[online]Availableat:http://humanrightsinitiative.org/old/publications/police/npc_recommendations.pdf>
accessed 27 March 2017. [Accessed 21 Mar. 2018].
12
Anon, (2018). [online] Available
at:http://humanrightsinitiative.org/programs/aj/police/india/initiatives/analysis_padmanabhaiah.pdf> accessed
27 March 2017. [Accessed 21 Mar. 2018].

29
 Project Submission: Trimester IX, Criminal Procedure Code

iv. Padmanabhaiah Committee on Police Reforms (2000); For criminalization

and politicisation of the police;30

v. Group of Ministers on National Security (2000);

vi. Malimath Committee on Reforms of Criminal Justice System (2003) for

revamping the Criminal Justice System;

Article 246 of the Constitution of India and the Indian Police Act of 1861 clearly states that

the matters which are pertaining to the police forces have to be dealt by the State Government

and not the Central government.

Section 3 of Indian Police Act, 1861:

“Superintendence in the State Government. -- The superintendence of the police throughout a

general police- district shall vest in and  shall be exercised by the State Government to which

such district is subordinate; and except as authorized under the provisions of this Act, no

person, officer, or Court shall be empowered by the State Government to  supersede, or

control any police functionary.”Therefore, there is a structural decentralization. A certain

amount of centralization exists with the posts of Indian Police Service officers. It is the duty

of the state to provide for the rules and regulations in the state police manuals.

Generally, the hierarchy in the police is as follows:

3031

30
 Project Submission: Trimester IX, Criminal Procedure Code

Section 23 of the Police Act, 186131 lists out the duties of the police

“Duties of police- officers.-- It shall be the duty of every police- officer promptly to obey and

execute all orders and warrants lawfully issued to him by any competent authority; to collect

and communicate intelligence affecting the public peace; to prevent the commission of

offences and public nuisances; to detect and bring offenders to justice and to apprehend all

persons whom he is legally authorized to apprehend, and for whose apprehension sufficient

ground exists; and it shall be lawful for every police- officer, for any of the purposes

mentioned in this section, without a warrant, to enter and inspect any drinking- shop, gaming-

house or another place of resort of loose and disorderly characters.”

31
The Police Act, 1861, § 23.

31
 Project Submission: Trimester IX, Criminal Procedure Code

There have been many instances of the police acting in a very high-handed manner when it

comes to arresting. Guidelines have been laid against the same in Arnesh Kumar vs State of

Bihar.32 The duties of the police has been significantly increased in the matters of riot control,

VIP/VVIP security etc.

Arnesh Kumar v. the State of Bihar is a landmark judgment, which was pronounced

by the Apex Court as it imposed further checks and balances on the powers of the

police before an arrest under section 498-A of Cr.P.C can be done which deals with

dowry cases. iv The court held that:

• No arrests should be made on the basis of the offence being non-bailable and

cognizable. The manner of the arrest should not be casual and based on a mere

allegation made against a person. The arrest should be preceded by initial

investigations by the officer to assess the genuineness of the complaint.

• Proper facts and reasons should be presented before a Magistrate by the officer

affecting the arrest within 24 hours of the arrest. The Magistrate in turn is to be

satisfied that condition precedent for arrest under Section 41 Cr.P.C has been satisfied

and it is only thereafter that he will authorize the detention of an accused.

• Police office must ensure that they do not arrest accused unnecessarily and

Magistrate do not authorize detention casually and mechanically. The police officer

shall be provided with a checklist for arrest that come under section 41 of the CrPC

and they shall forward the check list duly filed and furnish the reasons and materials

which necessitated the arrest.

• On top of arrest powers, the decision not to arrest an accused must also be forwarded

to the Magistrate within two weeks from the date of the institution of the case with a

Authorizing detention without recording reasons as aforesaid by the judicial

32
Arnesh Kumar vs State of Bihar, (2014) ALL SCR. 2542

32
 Project Submission: Trimester IX, Criminal Procedure Code

Magistrate concerned shall be liable for departmental action by the appropriate High

Court.

India also has the maximum number of Policemen in service in the whole world, numbering

close to 20 Lakhs (two million). there are three policemen to protect one VIP (Very Important

Person), and just one policeman to protect 663 common men. This shocking police-to-

population data was compiled by the Bureau of Police Research and Development (BPR&D),

a home ministry division.33

ii. FRANCE

The police structure in France in centralized to a high extent, with coordination at lower

levels through multiple nodal agencies. The different sections of police in France are:

The police nationale: They have jurisdiction to deal with crime in urban areas, and fall under

the Interior Ministry. They are also called agents de police.

The gendarmerie nationale: They have jurisdiction to deal with crime in rural areas and they

also handle crime and safety at the national level. The Ministry of Defence controls them.

The Compagnie Républicaine de la Sécurité ( CRS): They are also known as riot police and

deal with public control and disturbances in the form of crowds.

33
Zee News. (2018). 1 cop for 663 common men, 3 for 1 VIP, police-to-population numbers reveal. [online]
Available at: http://zeenews.india.com/india/1-cop-for-663-common-men-3-cops-for-1-vip-latest-police-to-
population-numbers-reveal-2043277.html [Accessed 21 Mar. 2018].

33
 Project Submission: Trimester IX, Criminal Procedure Code

Municipal police in France: To deal with petty crimes, there is a provision for police

municipal or corps urbain. They are generally not very heavily armed, unlike the other three

kinds of police.34

iii. SAUDI ARABIA

Saudi Arabia is a regular model of unified composed police compel with a particular line of

order radiating from the King. Both Clergyman of Interior and Director of Public Safety are

named by the King and both are normally senior individuals from the King's family itself.

The Police known as Open Security police is in charge of general policing all over the nation,

what's more, gets its power from Executive Orders and the Shariah. Open Security Police is

separated into Regular Police and Special Investigative Police (SIP) known as "Mubahit".

Consistent Police is specifically under the control of Ministry of Interior, what's more, is

controlled by Director of Public Safety.

Taste works under the control of General Directorate of Investigation (GIP) and is in charge

of criminal examinations, what's more, oversees household security and counter insight

capacities. Notwithstanding the Public Security Police, there is additionally a religious police

called Mutawwiun, which is straightforwardly under the King, and whose fundamental

obligation is required of Islamic Shariah, Since Mutawwiun by and large appears as a

religious band, and is not in charge of any broad lawfulness upkeep capacities, they are

increasingly a religious organization, then a police constraint. But the Mutawwiun, police

drive is sorted out as a solitary unit in Saudi Arabia.

34
'POLIS - Country Profiles Of Participating And Partner States' (Polis.osce.org, 2017)
<http://polis.osce.org/countries/details? item_id=24> accessed 27 March 2017.

34
 Project Submission: Trimester IX, Criminal Procedure Code

While this is the general picture of policing in Saudi Arabia, there are jurisdictional pockets

of a tribal expert in Saudi Arabia, which is past the reach of even the King's equity. In the

tribal stashes, the tribal older folks are a law unto themselves and they don't engage the

impedance of any outside experts. So, lawfulness or criminal examination issues in these

pockets are attempted by the tribal senior citizens themselves, with the customary police

giving strategic bolster wherever required.

One critical component of Saudi Police System is that the line recognizing the Saudi Regular

Armed strengths and Police is extremely limited and numerous a circumstances the policing

capacities are plentifully upheld by Saudi National monitor and the outfitted strengths.

iv. UNITED STATES OF AMERICA

There's no national police drive in the US, where policing is sorted out on a state and nearby

premise. The nation has around 500,000 cops and a sum of 40,000 separate police strengths,

over a portion of which are just maybe a couple man sheriffs' workplaces in residential

communities. Notwithstanding normal fulltime cops, numerous towns have an assistant, low

maintenance cops, unique obligation and volunteer sheriff's forces (which help sheriffs'

workplaces in a few regions).

Law implementation in the United States is decentralized. Government specialists bargain

with infringement of government law that falls within their particular purviews. There are

around 65 diverse government police offices. At the neighborhood level, each of the 50

sovereign states has its own state council that institutes criminal statutes under their state

35
 Project Submission: Trimester IX, Criminal Procedure Code

constitutions. The greater part of the U.S. States has police at all levels- city, province and

state level.

Particular Organizational elements of police change extraordinarily from little casually sorted

out divisions with 2-3 workers to exceedingly composed metropolitan offices with various

subdivisions and a large number of workers. Police structures shift incredibly among and

inside the government, state, and nearby levels. The essential duty of policing is at the

neighborhood level. State level authorities have just particular obligations.

The fundamental structure of police in various nations is established on the socio-cultural

basis. In the United Kingdom, which has a long history of the democratic system, policing by

the consent of the people has been more prevalent, whereas, in the majority of other nations,

the job of policing is vested on a state by law.

Characterization of police function, in terms of the authority or legitimacy, is therefore based

as- policing by consent, following a democratic system, and policing by law, which is a little

autocratic in nature.35

35
HM Wrobleski, An Introduction to the Law Enforcement and Criminal Justice (10th edn, 2011).

36
 Project Submission: Trimester IX, Criminal Procedure Code

VII. POLICE AND COMMUNITY: INDIANIZATION OF

POLICE

Keeping in spirit of the peculiar placing of Indian Federalism, and the complex importance

given t communities in the society, there have been various models of policing which have

taken that into account and shown us great prototype models which can be scaled up. Some

of these are discussed hereunder.

A. Tamil Nadu – Friends of Police

‘Friends of Police’ is an organization that lends a peculiar, almost psychological approach to

the concept of policing in the state. It exemplifies the partnership between the police and the

community. It is a programme where the denizens are vested with certain rights and duties.

Any member of the public who is not involved in civil or criminal case, can seek membership

of FOP. The volunteers not only provide useful information leading to solving of crimes but

also prevent the abuse of Police power. This system is functioning effectively and

successfully in all districts of Tamil Nadu over the last six years.36

B. Coimbatore – Samarth Community Policing Yojna

Coimbatore City has been subjected to various holocausts and is no stranger to religious and

ethnic riots, violence and increasing criminal activities. 37 Hence the necessity of community

policing was felt and introduced by the then Commissioner of Police Mr. K. Radhakrishnan.

36
Punducherry Police. http://police.pondicherry.gov.in/Community%20Policing%20Scheme.htm
37
Defend Voiceless Vulnerable Billion, Crimes Against Humanity, (September 05, 2006)
http://genocidehomicide.blogspot.com/2006/09/crimes-against-humanity.html.

37
 Project Submission: Trimester IX, Criminal Procedure Code

The objectives of this experiment were to perceive and resolve the communal problem and

also to win the trust and confidence of the people.38

C. Trichy – Community Policing

Trichy is known for its high crime rate. The city has been the core of racial and religious

conflicts, rioting, murder and other anti-social activities in Tamil Nadu.39 The police had to

instill a sense of confidence amongst the people and to achieve this motive, Mr. J Tripathy,

the then Joint Commissioner of Police, introduced the following community policing

strategies in Trichy.

It included several measures like dividing the city into Beat Officer’s Zones, having a Wide

Area Network interconnecting all policing systems in the area, a helpline for women in

distress, a complaint box mechanism, and even a slum adoption scheme.40

D. Tuticorin – The Tuticorin Experiment

In this experiment, a number of police camps were organized in communally sensitive

villages. The main objective of this camp was to restore the confidence of the people on the

police force, to improve the police – public relationship and to maintain law and order

situation.41 In these camps nobody was allowed to act as a mediator between the police and

the public. The police officers personally sat with the villagers and discussed petty matters on

the spot thereby giving solution to the satisfaction of both parties.42

38
Community Policing Experiments / Outreach Programmes in
India,http://www.humanrightsinitiative.org/new/community_policing_experiments_in_india.pdf.
39
Crime Prevention, http://www.tn.gov.in/police/crimeprev.htm.
40
Crime Prevention, http://www.tn.gov.in/police/crimeprev.htm
41
Community Policing Experiments / Outreach Programmes in India, Op-Cit.
42
Community Policing Experiments / Outreach Programmes in India, Op-Cit.

38
 Project Submission: Trimester IX, Criminal Procedure Code

E. Assam – Prahari, the Assam Community Policing Experiment

The concept of Community Policing was introduced in Assam on 3 July 1996 by the then

S.P. Shri Kuladhar Saikia,43 to discuss the concept and launching of “neighbourhood watch

scheme” to promote policing through community participation. The community policing

initiative was also aimed at changing the attitude of the average policeman at the police

stations towards the public, to make them people friendly and to improve their living and

working conditions. The goal of community policing was to tackle social problems and match

the wave lengths of the police and community.44

F. Mumbai – Mohalla Committee Movement

Mohalla is the Hindi word for locality. Citizen-police committees were set up in the wake of

the 1992-93 Hindu-Muslim communal riots that paralyzed Mumbai and killed 1000 people.

The Mohalla Committee Movement was formed under the initiative, of the then

Commissioner of Police, Mumbai, Mr. J.F. Riberio.45 The Mohalla Committee which is also

known as the Peace Committee, has now become a part of the civil society structure in a city

that usually has little time or mental space. The concept works on the simple principle Give

people some power and make them responsible for it. The primary task of the committee

members is to maintain more than cordial relations between the two communities, largely

Hindus and Muslims.46

G. Madhya Pradesh – Parivar Paramarsh Kendra

43
Community Policing Experiments / Outreach Programmes in India, Op-Cit.
44
Community Policing Experiments / Outreach Programmes in India, Op-Cit.
45
Vibhuti Narain Rai, Handling Communal Riots (November 1999), http://www.indiaseminar.
com/1999/483/483%20rai.htm
46
Vibhuti Narain Rai, Handling Communal Riots (November 1999), http://www.indiaseminar.
com/1999/483/483%20rai.htm

39
 Project Submission: Trimester IX, Criminal Procedure Code

It is an effort of the Police department where the centre or “kendra” focuses on resolving

domestic disputes, by identifying the causes that contribute to such personal tensions. Here

the Kendra takes up a social decision-making role and strives to save a family from being

broken. Police has effectively acted as an intermediary between the family members, acting

as a counselling “kendra”. Though the programme lacks statutory backing, the Kendra has

been functioning successfully for the last seven years and has contributed to the wellbeing of

the society. By satisfying the community and involving them in performing such an important

service such as protecting families from being broken, the police has also effectively

improved their tarnished image but becoming more people-friendly.47

In India we have a several examples wherein institutions and organizations assist the police in

maintaining law and order and this is welcomed. Experience tells us that community policing

is of greater importance and advantage in having a smooth functioning of the society in

particular and the government in general. Thus, Community Policing is certainly a boon and

is one of the major democratic principles of Indian Policing.

47
Philip V. Prateep, Friends of Police Movement : A Concept for Empowerment and an
Experiment in Community Policing Policing Central and Eastern Europe (1996),
http://www.ncjrs.gov/policing/fri149.htm

40
 Project Submission: Trimester IX, Criminal Procedure Code

VIII. SUGGESTIONS AND RECOMMENDATIONS

From the analytical understanding of various police systems, along with their structural

patterns as well as looking into the various reports of the committees, the present author

would like to suggest regarding the following aspects:

 Training and updating the police personnel in matters of arrest and dealing with

personal liberty: The police have the legal legitimacy in restricting personal liberty of

a person, and therefore it becomes a matter of utmost care that the guidelines as laid

in Arnesh Kumar case are made known to the constabulary as well the higher ranked

officers, while restraining the liberty of a person through arrest.

 The fact that police are no longer an external agency (as was the case during the

British rule), but a part of the Indian society itself, should be felt sufficiently by

establishing more accountability and transparency in the police system.

 Further decentralization of the police force by establishing a separate police force at

the district level with more decision making authority, in order to deal more

effectively with the local problems.

 Establishing a more decentralized and independent investigation unit that will aid in

lessening the workload of the other set of police, and make the investigation more

efficient and technically sound. The duties carried out in the investigation of crimes is

judicial in nature to a certain extent and it needs to be assured that the investigating

agency is unbiased and free from any influences.

41
 Project Submission: Trimester IX, Criminal Procedure Code

 As seen in French police system, the separate police force for dealing with petty

crimes and crimes of higher gravity should be created. This would again increase the

level of efficiency in the police system and provide a better management scheme to

deal with crimes of national scale as well as those that are a bigger threat to the

society, and at the same time the petty crimes are not neglected as well thus justifying

‘Ubi jus ibi remedium’.(Although a principle applicable to civil wrongs, it has

significance in small thefts, which are a violation of a person’s right to property, but

are neglected due to lesser gravity).

A. Model Police Act, 2006

The central government set up the Police Act Drafting Committee (Chaired Soli Sorabjee) in

2005 to draft a new model police law that could replace the Police Act, 1861. The committee

submitted the Model Police Act in 2006, which was circulated to all the states in 2006.

Key features of the Model Police Act, 2006 include:

 Organisation and recruitment: Each state will have one police service, which shall

be headed by the DGP.  Direct recruitments to subordinate ranks (i.e. below Deputy

SP) will be made through a state level Police Recruitment Board.  Recruitment to

officers’ ranks will be through the Union Public Service Commission or State Public

Service Commission. 

 Responsibilities: The responsibilities of the police serve will include: (i) enforcing

the law impartially, and protecting life, liberty and human rights, (ii) preserving

42
 Project Submission: Trimester IX, Criminal Procedure Code

public order, and preventing terrorist, militant and other activities affecting internal

security, (iii) protecting public properties, (iv) preventing and investigating crimes,

(v) providing help in natural or man-made disasters, (vi) collecting intelligence, etc. 

In police stations in urban areas and crime prone rural areas, investigation of heinous

and economic crimes (e.g., murder, serious cases of cheating) will be carried out by a

Special Crime Investigation Unit, headed by an officer at least of the rank of a Sub-

Inspector.  Officers of these units will generally not be diverted for any other duty.

 Accountability: The state government will exercise superintendence over the police

service.  This will include laying down policies and guidelines, setting standards for

quality policing, and ensuring that the police perform their duties in a professional

manner.  State Police Boards will be constituted in each state to frame guidelines,

select officers who are qualified to be promoted to rank of DGP, and evaluate police

performance.  Police Accountability Commissions will also be set up by states to

address complaints of police misconduct.  However key police functionaries (e.g.,

DGP and police station in charge) will have a minimum tenure of two years unless

they have been convicted by a court, or suspended from service, etc. 

 Service Conditions: The state government will ensure that the average hours of duty

of a police officer do not exceed 8 hours (in exceptional situations, 12 hours). 

Adequate insurance coverage will also be provided to personnel against any injury

disability or death caused in line of duty.  A Police Welfare Board must also be set up

to administer and monitor welfare measures for police, including medical assistance,

group housing, and legal aid for officers facing court proceedings.

43
 Project Submission: Trimester IX, Criminal Procedure Code

Making the police force more competent to deal with matters related to technology as the

scope of crime is no longer limited to the physical occurrence, but has also extended to the

cyber arena. The cyber crimes, though dealt with certain cyber cells, the matters which do not

completely fall into the category of cyber crimes, have the essence of technological

interference. The expertise of the police in technology will further assist in the admissibility

of evidence in court, as their authenticity will not be questioned.

44
 Project Submission: Trimester IX, Criminal Procedure Code

IX. CONCLUSION

Nowadays, Police in India Believe More On Fists Than On Wits And On Torture More Than

Culture, More On Brawn And Not Brain. However, the system can be improved with proper

education and sophisticated machinery. With proper and systematic work structure, police

can be agency enforcing principles enshrined in the constitution. A key recommendation of

the Police Reform Act is to separate law and order from investigation—in other words, the

police need to have specialised teams for each type of activity.

This requirement leads directly to the third critical issue—the fact that the police force is

overburdened and underpaid. India had (in 2017) 131 police officers per 1,00,000 people; that

is lower than the sanctioned number (181), and much lower than the number recommended

by the UN (222). Clearly, “an average policeman ends up having an enormous workload and

long working hours, which negatively affects his efficiency and performance”.

Add to this poor working conditions and compensation, and it is, in fact, creditable that our

police are as motivated as they are.

86% of the police force are constables, who have no growth path other than a single

promotion (to Head Constable) before they retire. Police infrastructure is perennially

underfunded, and, with some notable exceptions, there are few efforts to build public/police

relations.

There are multiple ways in which these issues can be addressed, and all of the above need to

be part of a sustained push for police reforms.

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 Project Submission: Trimester IX, Criminal Procedure Code

X. BIBLIOGRAPHY

A. List of Statutes

1. Entry 2, List II, Schedule 7, Constitution of India, 1950.

2. Entry 2 and 2A, List I, Schedule 7, Constitution of India, 1950.

3. INDIA CONST. Art. 312(1).

4. Code of Criminal Procedure, 1973.

5. The Police Act, 1861, § 23.

6. Right to Information Act, 2005

B. List of Cases

1. Arnesh Kumar vs State of Bihar, (2014) ALL SCR. 2542

2. Rudul Sah vs State Of Bihar And Another, 1983 AIR 1086.

3. Bhim Singh, Mla vs State Of J & K And Ors, AIR 1986 SC 494.

4. Smt. Nilabati Behera Alias Lalit ... vs State Of Orissa And Ors, 1993 AIR 1960.

C. List of Books and Journals

1. “Public Order”, Second Administrative Reforms Commission, 2007,

http://arc.gov.in/5th%20REPORT.pdf; “Police Organisation in India”,

Commonwealth Human Rights Initiative, 2015,

http://www.humanrightsinitiative.org/download

2. https://www.nij.gov/topics/law-enforcement/legitimacy/Pages/welcome.aspx

46
 Project Submission: Trimester IX, Criminal Procedure Code

3. Horowitz, Jake, “Making Every Encounter Count: Building trust and Confidence in

the Police”, NIJ Journal 256 (2007): 8-11, NCJ 216524

4. "Surveillance Camera Code of Practice" (PDF). UK Government Home Office. June

2013. p. 5. Retrieved 1 December 2013.

5. What-when-how.com. (2018). BITTNER, EGON (police). [online] Available at:

http://what-when-how.com/police-science/bittner-egon-police/ [Accessed 21 Mar.

2018].

6. Oxfordbibliographies.com. (2018). Policing and Law Enforcement - Criminology -

Oxford Bibliographies - obo. [online] Available at:

http://www.oxfordbibliographies.com/view/document/obo-9780195396607/obo-

9780195396607-0034.xml [Accessed 21 Mar. 2018].

7. HM Wrobleski, An Introduction to the Law Enforcement and Criminal Justice (10th

edn, 2011).

8. JamesQ Wilson, Varieties of Police Behavior: The Management of Law and Order in

Eight Communities (Harvard University Press 1978)

9. Anon,(2018).

[online]Availableat:http://humanrightsinitiative.org/old/publications/police/npc_reco

mmendations.pdf> accessed 27 March 2017. [Accessed 21 Mar. 2018].

10. 2017) <http://www.mahapolice.gov.in/mahapolice/jsp/temp/html/policerank.pdf>

accessed 27 March 2017.

11. Zee News. (2018). 1 cop for 663 common men, 3 for 1 VIP, police-to-population

numbers reveal. [online] Available at: http://zeenews.india.com/india/1-cop-for-663-

common-men-3-cops-for-1-vip-latest-police-to-population-numbers-reveal-

2043277.html [Accessed 21 Mar. 2018].

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 Project Submission: Trimester IX, Criminal Procedure Code

12. 'POLIS - Country Profiles Of Participating And Partner States' (Polis.osce.org, 2017)

<http://polis.osce.org/countries/details? item_id=24> accessed 27 March 2017.

13. B. Shiva Rao, The Framing of India’s Constitution, 6 MODERN ASIAN STUDIES,

357-360 (1972).

14. G. Austin, The Indian Constitution: The Cornerstone of a Nation, (1966).

15. Police Accountability in India: Policing Contaminated by Politics. (September 30,

2005) http://www.hrsolidarity.net/mainfile.php/2005vol15no05/2448/

16. P. S. Appu, Need for Thoroughgoing Reforms, (June 9, 2002) http://www.boloji.com/

opinion/0014.htm.

17. Per Bylund, Power Corrupts, (March 2, 2004) http://www.strike-the-

root.com/4/bylund/bylund3.html.

18. James Whitfield Policing the Wind rush Generation, (May7, 2000)

http://www.historyandpolicy.org/archive/policy-paper-45.html.

19. Human Rights Watch. http://www.sifyblogs.com/blogs_preview.php?blogid=1430.

20. Association of Police Authorities, Pounding the beat: A guide to police finance in

England and Wales, (1999).

21. G. Joshi, Police Accountability in India: Policing Contaminated by Politics, 15

ASIAN HUMAN RIGHTS JOURNAL, 422 (2005).

22. Right to Information Act 2005.

23. Asian Human Rights Commission, Government of Kerala Must Criminalize Torture

to Prevent Custodial Deaths, (August 14, 2006)

http://www.ahrchk.net/statements/mainfile.php/2006statements/688.

24. Amnesty International Report 2000,

http://www.pucl.org/reports/National/defenders.htm.

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 Project Submission: Trimester IX, Criminal Procedure Code

25. United Nations Convention Against Torture and Other Cruel, Inhuman and Degrading

Treatment or Punishment, 10 December 1984. United Nations, Treaty Series, vol.

1465, p. 85.

26. "Surveillance Camera Code of Practice" (PDF). UK Government Home Office. June

2013. p. 5. Retrieved 1 December 2013.

27. Punducherry Police. http://police.pondicherry.gov.in/Community%20Policing

%20Scheme.htm.

28. Defend Voiceless Vulnerable Billion, Crimes Against Humanity, (September 05,

2006) http://genocidehomicide.blogspot.com/2006/09/crimes-against-humanity.html.

29. Community Policing Experiments / Outreach Programmes in

India,http://www.humanrightsinitiative.org/new/community_policing_experiments_in

_india.pdf.

30. Crime Prevention, http://www.tn.gov.in/police/crimeprev.htm.

31. Community Policing Experiments / Outreach Programmes in India, Op-Cit.

32. Vibhuti Narain Rai, Handling Communal Riots (November 1999),

http://www.indiaseminar. com/1999/483/483%20rai.htm

33. Philip V. Prateep, Friends of Police Movement : A Concept for Empowerment and an

Experiment in Community Policing Policing Central and Eastern Europe (1996),

http://www.ncjrs.gov/policing/fri149.htm

49