Chapter-2 Evolution of Police: A Historical Perspective

CHAPTER-2
EVOLUTION OF POLICE : A HISTORICAL PERSPECTIVE
The Police as it is today represent the civil power of the government as

opposed to the military power of the government. Not much is known about, the
early history of Police. Policing that is maintaining order and dealing with law
breakers in the earlier times had always been a private matter. Citizens were
responsible for protecting themselves and maintaining an orderly society. 134 The
word Police comes from the latin word “Politia” which means “Civil
Administration”. The word “Politia” goes back to the Greek word “Polis” or a
city. Etymologically, therefore the police can be seen as those involved in the
administration of a city. Politia became the French word Police. Other names of
police include Constabulary, Police governance, Police Department, Police
Services, Crime Prevention, law Enforcement or Civic Guard. Members may be
referred to as Police Officers, Troopers, Sheriffs, Constables, Rangers, and Peace
Officers. Police of the Soviet era Eastern Europe were called the Militsiya135
In ancient Greece, publicly owned slaves were used by magistrates as

police. In Athens, a group of 300 Scythian slaves was used to guard public
meetings to keep order and for crowd control and also assisted in dealing with
criminals, handling prisoners, and making arrests. Other duties associated with
modern policing, such as investigating crimes, were left to the citizens
themselves. 136 Around the 5th century B.C, Rome created the first specialised
investigative unit called “Questors” or “Trackers of Murder”. Around the sixth
century B.C in Athens and in the third century B.C in Rome unpaid magistrates
appointed by the citizens, were the only people which could be considered as law
enforcement officials. The magistrates adjudicated cases but private citizens
arrested offenders and punished them. At about the time of Christ, the Roman
emperor Augustus picked out special, highly qualified members of the military to
134
John S Dempsy,linda. S. Frost, An Introduction to Policing 4 (Thomson Wordsworth,
CA, USA, 3rd edn).
135
Rakesh Mohan, Police and Human Rights 2 (Swastika Publications, N. Delhi, 2013).
136
Ibid. at 3.
45
form the Praetorian Guard. Their job was to protect the palace and the emperor. At
about the same time, Augustus also established the Praefectus Urbi (Urban
Cohort) to protect the city.137 Under the reign of Augustus, when the capital had
grown to one million inhabitants, 14 wards were created; the wards were protected
by seven squads of 1000 men called the “Vigiles” who acted as firemen and night
watchmen. They were eventually given law enforcement duties and they patrolled
the streets day and night. Their duties included apprehending thieves and robbers
and capturing runaway slaves.138 They were considered quite brutal and it is from
them that the words “Vigilance” and “Vigilante” come from. 139 They were
supported by the Urban Cohorts who acted as heavy duty anti riot force. Also in
Rome in the first century AD public officials called “Lictors” were appointed to
serve as bodyguards for the magistrates. They would bring the criminals before
the magistrates upon their orders and carry out the magistrates’ determined
punishment including the death penalty. Their symbol of authority was the fasces,
a bundle of rods tied together by a red thong around an ax, which represented their
absolute authority over life and limb.140
Modern police in Europe has origins in the Hermandades or Brotherhoods,
peacekeeping associations of armed individuals which were a characteristic of
medieval Spain especially in Castile. Protective municipal leagues began to
emerge as the kings could not offer adequate protection against bandits and other
rural criminals and against the lawless nobility or to support one or other claimant
to the crown. Although they were intended to be temporary but they became a
long standing fixture of Spain. The first recorded case of the formation of an
Hermandad occurred when the towns and the peasantry of the north united to
police the pilgrim road to Santiago de Compostela in Galicia against the robber
knights. Throughout the Middle Ages such alliances were frequently formed by
combinations of towns to protect the roads connecting them and were occasionally
extended to political purposes. As one of their first acts after the war of succession
137
138
Ibid at 2.
139
John Ayto, Dictionary of Word Origins 402 (New York, Arcade, 1990).
140
John S Dempsy,linda. S. Frost, An Introduction to Policing 4 (Thomson Wordsworth,
CA, USA, 3rd edn).
46
Ferdinand and Isabella established the centrally organised and efficient Holy
Brotherhood (Santa Hermandad) as a national police force 141. They adapted an
existing brotherhood for the purpose of general police acting under officials
appointed by them. The original brotherhoods continued to serve as modest local
police units until their final suppression in 1835.142
The Gendarmerie is the direct descendant of the Marshalcy of the ancient
regime, more commonly known by its French title, the Marechaussee.143 During
the middle ages, there were two Grand Officers of the Kingdom of France with
police responsibilities namely The Marshal of France and the Constable of France.
The military policing responsibilities of the Marshal of France were delegated to
the Marshal’s provost, whose force was known as the Marshalacy because its
authority was ultimately derived from the Marshal. Another organisation, the
Constabulary was under the command of the Constable of France. The
constabulary was regularised as a military body in 1337. Under King Francis 1,
the Marechaussee was merged with the Constabulary. The resulting force was also
known as the Marechaussee or formally the Constabulary and Marshalacy of
France (Connetablie et Marechaussee de France). During the revolutionary period,
Marshalacy commanders generally placed themselves under the local
constitutional authorities. As a result the Marechaussee whose title was associated
with the king was not disbanded but simply renamed Gendarmerie Nationale in
February 1791.144From this point the Gendermerie unlike the Marshalacy was a
fully military force.
It is significant to note that the first police force in the modern sense was
created by the government of King Louis XIV in 1667 to the city of Paris which
was then the largest city of Europe. The royal edict, registered by the Parliament
of Paris on March 15, 1667 created the office of Lieutenant General of Police,
who was to be the head of the new Paris police force, and defined the task of the
141
History of English Police, available at :
http://enwikipedia.org/wiki/civilguard_(spain) (accessed on August10, 2015).
142
143
Available at : http://wwwbritannica.com/topic/police (accessed on October 1, 2015).
144
History of French Police, available at :
http://enwikipedia.org/wiki/law_enforcement_in_france (accessed on August10, 2015).
47
police as “ensuring the peace and quiet of the public and of private individuals,
purging the city of what may cause disturbances, procuring abundance, and
having each and everyone live according to their station and their duties”. The
office of the Lieutenant General of the Police had Police commissioners under his
authority to assist him. The scheme of the Paris police force was extended to the
rest of France by a royal edict of October 1699, resulting in the creation of the
offices of Lieutenant General of Police in all large French cities and towns. In
1709, these commissioners were assisted by Police Inspectors. After the French
Revolution, Napoleon I reorganized the police in Paris and other cities with more
than 5000 inhabitants on February 17, 1800 as the “Prefecture of Police”.145 On
March 12, 1829, a government decree created the first uniformed police in France,
known as “Sergents de Ville” (City Sergeants).146
The first references to the English law enforcement system appear in the
later part of ninth century, when England’s King Alfred the Great was preparing
against an impending Danish invasion. For this he established a system of mutual
pledge when he was preparing for Danish invasion. King Alfred’s strategy against
the Danes was the maintenance of stability in his own country and the provision of
a method for the people living in villages to protect one another. King Alfred
established a system of mutual pledge a form of society control where the citizens
grouped together to protect each other. This system organized the responsibility
for the security of the country into several levels. At the lowest were “titihings” a
group of ten families who protected one another and assumed the responsibility
for the acts of the group members 147 . At the next level were “ten tithings” or
hundred families grouped together who were under the charge of a constable.
People were supposed to police their own communities. If trouble occurred, a
citizen was expected to raise a hue and cry (yell for assistance) and other people
were expected to come to their assistance. Group of hundreds within a specific
geographic area were combined to form “Shires”. The shires were put under the
145
Available at : http://wwwbritannica.com/topic/police, (accessed on October 1, 2015).
146
147
John S Dempsy,linda. S.Frost, An Introduction to Policing 4 (Thomson Wordsworth,
CA, USA, 3rd edn).
48
control of the King and were governed by a “Shire-reeve”, or “Sheriff”.148 Over
the centuries as formal governments were established early primitive forms of a
formal criminal justice system evolved in England. 149 The Assize of Arms of
1252 which required the appointment of constable 150 to summon men to arms
quell breaches of peace and to deliver offender to the sheriffs is can be considered
as one of the earliest forms of the English police.151 In 1285 A.D, the Statute of
Winchester was enacted in England. It established a rudimentary form of criminal
justice system in which most of the responsibility for the law enforcement
remained with the people themselves. The statute formally established the Watch
and Ward, the Hue and Cry, the Parish Constable and the requirement that all
males keep weapons in their homes for use in maintaining the public peace.152
The Watch and Ward required all men in a given town to serve on the night
watch. The watchmen had three major duties:153
1. Patrolling the streets from dusk till dawn to ensure that all local people
were indoors and quiet and that no strangers were roaming about.
2. Performing duties such as lighting street lamps, clearing garbage from the
streets and putting out fires.
3. Enforcing the criminal law.
If there was any trouble the Watch and Ward would raise Hue and Cry and
then all the citizens would come out from their homes and assist the Watch and
Ward. The Statute of Winchester also established the office of Parish Constable,
who was responsible for organizing and supervising the Watch and Ward. In the
early 14th century more formal system of criminal justice started to take form with
a system of separation of powers and a hierarchical system of authority. In order
to assist the Shire reeve or Sheriff the office of Justice of Peace was established in
non urban areas and the office of Parish Constable was established in urban
148
Available at: http://wwwbritannica.com/topic/police, (accessed on October 1, 2015).
149
John S Dempsy, linda. S.Frost, An Introduction to Policing 4 (Thomson Wordsworth,
CA, USA, 3rd edn).
150
Available at : http://www.city of London.police.uk, (accessed on October 1, 2015).
151
152
John S Dempsy Op. Cit.
153
Ibid.
49
areas.154 Eventually, the Justice of Peace developed judicial functions and their
status became equal to that of the Sheriff. Parish Constables became subordinate
to the Justices of Peace and became their operational assistants. While retaining
the duty of supervising the night watchmen, the parish constables also had the
obligation to investigate offences, serve summons, and execute warrants issued by
the justices of peace and secure prisoners. The next criminal justice positions to be
created were the offices of Magistrates and Beadles. Magistrates assisted the
Justices of Peace by presiding in courts, ordering arrests, calling witnesses and
examining prisoners. The Beadles were assistants to the constables and walked the
streets removing vagrants.155
In the 17th century the English policing system also used a form of
individual private police called as the “Thief Takers”.156 The Thief Takers were
private citizens, had no official status and were paid by the king for every criminal
they arrested. The criminal would then be compelled to return the stolen property
or pay restitution. 157 The major role of the Thief Takers was to combat the
highway robbery committed by Highway men. A thief taker was paid upon the
conviction of the highway man and also received the highwayman’s horse, arms,
money and property. This system had its own flaws as often a criminal would
agree to become a thief taker and catch another criminal to receive pardon from
the king for his own crime. Thus thief takers were themselves criminals. Thief
taking was not always rewarding because the thief taker was not paid if the
highway man was not convicted besides the thief taker had to fear the revenge of
the highway man and his relatives as well as associates. Many thief takers would
allure young people into committing crimes and then have the other thief takers
arrest the youths during the offences. The two thief takers would then split the
reward.158 Others framed innocent people by planting stolen goods on their person
or premises. Although some real criminals were apprehended by the professional
154
Ibid at 4.
155
CA, USA, 3rd edn).
156
Available at : http://www.oldbaileyonline.org, (accessed on October 2, 2015).
157
158
Available at : http://www.oldbaileyonline.org, (accessed on October 2, 2015).
50
thief takers but the system generally created more crime then it suppressed. In
London night watchmen were first paid law enforcement body that augmented the
force of unpaid constables. They guarded the streets since 1663.They were also
called “Charlies” probably after the reigning monarch King Charles II159. In 1737
George II began paying some London and Middlesex watchmen with tax moneys
which began the shift to government control. In 1748, during the heyday of
highway men Henry fielding was appointed as magistrate in a Westminster, a city
near London. In 1748 GeorgeII began paying some London and Middlesex
watchmen with tax moneys beginning the shift to government control.160 In 1748
during the heyday of English highway men Henry Fielding was appointed
magistrate in Westminster. In 1749 Henry Fielding began organising a force of
quasi professional constables known as the Bow Street Runners. He moved into a
house on Bow Street which also became his office. In an attempt to decrease high
number of thefts burglaries and street and highway robberies he established
relationships with local pawn brokers. He provided them lists and descriptions of
recently stolen property and asked them to notify him should such property be
brought into their pawnshops. He also placed the following ad in the newspapers
“All persons who shall for the future suffer by robbers, burglars etc. Are desired
immediately to send the best description they can of such robbers etc., with the
time and place and circumstance of the fact, to Henry Feilding Esq., at his house
in Bow Street.”161 His actions brought first official crime reports. He was also able
to gain the confidence and cooperation of the high constable of Holborn and
several other public spirited constables. They formed a small investigative unit.
They were private citizens who were not paid by public but were permitted to
accept thief taker rewards. Eventually Bow Street Runners were publically
financed. In 1763 Fielding was asked to establish a civilian horse patrol of eight
men to combat robbers and footpads on the London streets and who were to be
publically financed. The patrol proved successful but was soon disbanded due to
lack of government support. Londoners debated whether to have a professional
159
CA, USA, 3rd edn).
160
161
Pringle, Hue And Cry, at 81.
51
police department. Although enough crime occurred to justify forming a civil
police force, most people did not want a formal, professional police for two
reasons. Many felt that a police force would threaten their tradition of freedom.
Additionally, the English had considerable faith in the merits of private enterprise
and they disliked spending public money. Later a small permanent foot patrol
financed by public funds was established in London in1770. In 1789 Patrick
Colquhon a London magistrate lobbied for the creation of a large organised a
police force for greater London but his ideas were rejected after much government
and public debate but in 1798 he was able to establish a small publically financed
special river police to patrol the Thames.162
In 1804 a new horse patrol was established for central London who wore
uniforms consisting of red vests and blue jackets and trousers making them
England’s first uniformed civil police department. But as the problems of London
in the late 18th and 19th century namely the industrial revolution, poverty, public
disorder and crime increased, the people and parliament agreed to the idea that a
large and organised police force was needed.163 In 1828 Sir Robert Peel drafted
the first police bill, the Act for Improving the Police in and near the Metropolis
(the Metropolitan Police Act) which the parliament passed in 1829. 164 This act
created the first large scale uniformed, organised, paid, civil police force in
London. Although a civil as opposed to military force, it was structured along
military lines, with officers wearing distinctive uniforms. The first London
Metropolitan Police wore three quarter length royal blue coats, white trousers and
top hats. They were armed with truncheons, yesterday’s equivalent of today’s
police baton. The police were commanded by two magistrates, later called
commissioners. The control of the new police was delegated to the home
secretary, a member of the democratically elected government. The police are
162
163
John S Dempsy, linda. S.Frost, An Introduction to Policing 4 ( Thomson Wordsworth,
CA, USA, 3rd edn).
164
History of English Police, available at :
http://enwikipedia.org/wiki/law enforcement in the united kingdom (accessed on
August10, 2015).
52
often called as “Bobbies” or “Peelers” after Sir Robert (Bobby) Peel who
introduced the Act. Early police was guided by Peel’s Nine Principles165:
1. The basic mission for which the police exists is to preserve crime and
disorder.
2. The ability of the police to perform their duties is dependent upon public
approval of police actions.
3. Police must secure the willing cooperation of the public in voluntary
observance of the law to be able to secure and maintain the respect of the
public.
4. The degree of cooperation of the public that can be secured diminishes
proportionately to the necessity of the use of physical force.
5. Police seek and preserve public favour not by catering to public opinion
but by constantly demonstrating absolute impartial service to the law.
6. Police use physical force to the extent necessary to secure observance of
the law or to restore order only when the exercise of persuasion, advice
and warning is found to be insufficient.
7. Police, at all times, should maintain a relationship with the public that
gives reality to the historic tradition that the police are the public and the
public are the police, the police being only the members of the public who
are paid full time attention to duties which are incumbent on every citizen
in the interests of the community welfare and existence.
8. Police should always direct their actions strictly towards their functions
and never appear to usurp the powers of the judiciary.
9. The test of police efficiency is the absence of crime and disorder, not the
visible evidence of police action in dealing with it.166
As a result of the formation of new police force, the patchwork of private

law enforcement systems in use at the time was abolished. The English model
eventually became the model for the United States. London’s first two police
commissioners were Colonel Charles Rowan, a career military officer and Richard
165
CA, USA, 3rd edn).
166
Available at : http://wikipedia/Wiki/Peelian principles, (accessed on October 3, 2015).
53
Mayne, an Irish Barrister.167 Colonel Charles Rowan believed that mutual respect
between the police and citizens would be crucial to the success of police force as a
result early Bobbies were chosen for their ability to reflect and inspire the highest
personal ideals. The Metropolitan Police was organised around the Beat System in
which officers were assigned to relatively small permanent posts and were
expected to become familiar with them and the people residing there, thereby
making the officer a part of the neighbourhood life.168 This system differed from
the patrols of Paris police, which consisted of periodic roving surveillance of
areas. Paris police patrols were never assigned to the same area on successive
nights, thus discouraging a close familiarity between the police and the public.
The main jobs of the new police were the suppression of mob disorder, the
winning of support from the public and the development of a disciplined force.
The new police was not immediately well received. People saw the police as
occupying army and open battles between the police and citizens occurred. The
tide of sentiment turned in police’s favour when an officer was viciously killed in
the Cold Fields riot of 1833. At the murder trial, the jury returned a not-guilty
verdict, inspiring a groundswell of public support for the much maligned police.
Eventually The Peel’s system became so popular that all English cities adopted his
idea of a civil police department.169
Police in Ancient India
Contrary to the general belief that policing in India is a British concept, the
concept of rule of law and the administration of justice has been known to exist in
India ever since the Vedas came to be recognised as the very epitome of
Dharma.170 There is evidence of existence of security organisation in Harappan
civilisation. The Indus valley civilisation people had established trading stations
all along the coast so that their ships sailing on high seas could be refurbished and
drawn ashore in the time of distress. With the transition from pastoral and
167
168
Ibid.
169
John S Dempsy, linda. S.Frost, An Introduction to Policing 8-10 (Thomson
Wordsworth, CA, USA, 3rd edn).
170
Giriraj Shah, The Indian Police- A retrospect 9 (Himalaya Publishing House, Bombay,
1992).
54
agricultural conditions to urban life there was need for ensuring internal order in
the context of growing complexities of life.171 The statues of various deities such
as Indra, the God of Strom and War and Shakti, the Mother Godesses have been
found at various places.172At about the same time another race known as Aryans
migrated into India through the Khyber pass and assimilated in India. The Aryan
influence, gave rise to what is known as the Vedic Period in India , it is
characterized by a pastoral lifestyle and adherence to the religious texts known as
The Vedas. Society became divided into four classes (the Varnas) popularly
known as `the caste system’ which were comprised of the Brahmana at the top
(priests and scholars), the Kshatriya next (the warriors), the Vaishya (farmers and
merchants), and the Shudra (labourers). The lowest caste was the Dalits, the
untouchables, who handled meat and waste. 173At first, it seems this caste system
was merely a reflection of one’s occupation but, in time, it became more rigidly
interpreted to be determined by one’s birth and one was not allowed to change
castes nor to marry into a caste other than one’s own. This understanding was a
reflection of the belief in an eternal order to human life dictated by a supreme
deity. The Aryans had a pastoral, agriculture and warrior culture. Their basic
political unit was a grama (wagon train), a tribe was made up of various gramas
and lead by a king or chieftain. These early Vedic Aryans had come from a group
that had invented the Chariot and spread out in one of history’s great invasions
and migrations. A warrior class operated their Chariots, the expensive wonder
weapon of its day. The mobile chariot was a leap beyond its horse and donkey cart
forerunners and provided the Aryan warrior class with a distinct military
advantage. The invaders also brought iron weapons with them and used it one
their chariots. Iron is lighter and stronger than bronze and copper, giving another
significant advantage to the invading warriors. Settled populations and their
civilization were destroyed by the Aryan invasions. As the Aryans merged with
the Indians they formed a new society. In its earliest phase the nomadic tribes
were still on the move creating a complex political structure. The Aryans formed a
171
Available at : http://www.ancient military.com, (accessed on October 1, 2015).
172
Available at : http://www.ancientsu/india/, (accessed on September 29, 2015).
173
Available at : http://www.ancientsu/india/, (accessed on September 29, 2015).
55
semi-nomadic society, still based on herding, and a strict class system was
imposed. The Vedic Aryans formed many competing kingdoms, each skirmishing,
warring and shifting alliances in attempts to dominate the people and territory of
their neighbours. The battlefields were ruled by massive chariots that were
nothing like the sleek, fast two wheeled chariots of Egypt. Indian chariots were
large four wheeled firing platforms requiring four to six horses to pull them. They
weren’t used for out flanking enemies, but charged straight into the enemy ranks
crushing anyone in its path. Two to six men manned the chariots, using the six
foot height advantage a large chariot offered to rain arrows down on the enemies,
while spear armed warriors made sure no enemies could climb aboard. Later, the
Indians invented scythed chariots. These featured curved blades that were attached
to the wheels, causing death and dismemberment to anyone unlucky enough to be
in their path.
The bow was the dominate weapon of the military of ancient India, but
Vedic era warriors also employed slings and javelins as ranged weapons. Sword,
axes and spears were used in close combat. However as the many warring
kingdoms struggled for greater control a vast array of weapons and tactics
developed, including the world’s first use of war elephants.174
The duties of King or the Raj Dharma have been mentioned in the Vedas
and Samritis. All the subjects of the king were required to assist him in the
prevention and detection of crime. The duties of the raja, as enunciated in Vedas
and Shastras revolve around the system of policing, army and spying. The
maintenance of law and order in the country and protection of people from foreign
aggression, locating and getting the criminals punished were the main jobs for
which the institution of governance and raja were created. The early Vedic
Samritis elaborate the insecure living conditions of the pastoral Vedic community
who constantly beseeched the celestial deities to protect them and their material
belongings not only from natural calamities but also from human macauders.
Duties have been provided for the people of all Varnas. The raja had specially
prescribed duties as his conduct was responsible for the well being of his subjects.
174
56
In Vedas, Indra has been presented as a raja and the other Gods Varuna, Agni,
Sun, Aswani are high ministers to help him in his governance. In the distribution
of portfolios Agni is the minister in charge of ambassadors, spies; Varuna is the
minister in charge of Police department. Varuna had three kinds of handcuffs for
arresting the culprits of three types- very hardened criminals, ordinary criminals
and casual criminals. Varuna is directed to arrest the criminals and leave the
gentlemen. In other words the activities of Varuna or Police include finding out
criminals, arresting them and getting them punished by competent authority and
putting them behind bars after conviction. 175 The Rig Veda makes a specific
mention of thieves (Tayas or Satayas) and robbers (Taskarr)176. This concept of
crime was further developed by Manu and Manu Samriti was the first exposition
of Hindu legal system and proclaimed the fundamental law governing social
relations. Manu classified crimes under eighteen heads which included assault,
defamation, theft, robbery, adultery, violence, gambling and betting etc.
References to police system are also found as early as the laws of Manu. The chief
duty of a king according to these laws is to restrain violence and punish evil
doers.177 He has to keep up patrols and police stations or fixed posts and also
maintain spies. 178 Manusamriti mentions about the art of secret intelligence
prevalent in ancient period for the prevention and detection of crime with the help
of soldiers and spies.179 The judiciary and police were two most important wings
of the state administration mentioned in Manusamriti. In Vedic period, when
states were small and the king was directly administering justice, police was an
integral part of the system. But with the passage of time, police responsibilities
widened and a different organisation had to be created. Manu's police is divided
into two functional departments viz. the Criminal Investigation Department and
the Law and Order Wing. The Criminal Investigation Department is further
175
Devi Dyal Aggarwal, CBI and Policing in India 1(Kaveri Books, New Delhi, 2000).
176
Giriraj Shah, The Indian Police-A Retrospect 9 (Himalaya Publishing House,
Bombay,1992)
177
Dr. Deepa Singh, Human Rights and Police Predicament 59(The Bright Law House
Delhi, 2002).
178
J.C.Curry, The Indian Police 19 (Manu Publications, New Delhi, 1977).
179
Dr. Dalbir Bharti, Police & People Role and Responsibilities 8 (APH Publishing
Corporation, New Delhi, 2006).
57
divided into crime branch and special branch. The crime branch had two fold
responsibilities viz. collection of criminal intelligence and investigation of crimes
and the special branch was entrusted with the task of collecting intelligence for the
security of important dignitaries, prevention and protection of economic offences
and undertook espionage. Manu calls the city police chief as Nagar
Rakshadhikrita. He advised the king to post in every city an officer exalted in
position and imposing in appearance like the planet among the stars. He is
mentioned as 'Nagar-raksha-dhikrita' in Sudraka, Nagarakh in Arthshastra and
Nagarika in Gupta's Kalidasa. He was not only responsible for crime control but
also pursued the rebels. Policemen were detailed to watch the rendezvous of anti-
social elements such as lodges, water houses, sweet-meat shops, hotels, inns,
brothels, theatres, vacant houses and town outskirts. They were watched by
batches of stationary policemen and secret agents.180
Manu recommended that police stations or police pickets should be

established one each being intended for two, three, five or collection of villages.
The police stations of today originate from the ancient Sthanakas. A person who
was appointed by the king for the detection of commission of offences was called
Suchaka or Investigating Officer. The Katyayana Smriti also suggests that an
agency like modern police existed to assist the king in the administration of
justice. 181
Around 1000 – 500 BC, two ancient Indian epics were written, the
Ramayana and the Mahabharata. Both epics are centered around the wars and
conflicts between the small kingdoms and various tribes. They refer to a wide
182
variety of military formations, theories and esoteric weaponry. The
Mahabharata mentions the use of the Pasa, a triangular noose weapon made of
rope and lron balls for weight that was used for strangling opponents. Another
example is the Sudarshana Chakra, a spinning disc like weapon with very sharp
edge that is hurled at the enemy. Many of these weapons were linked to Hindu
religion, for example the Chakra is an attribute of the Hindu God Vishnu and was
180
Devi Dyal Aggarwal, CBI and Policing in India (Kaveri Books, New Delhi, 2000).
181
Dr. Dalbir Bharti, Police & People 8 (APH Publishing Corporation, New Delhi,2006)
182
58
made by the architect of gods, Vishvakarma. Other examples include hammers on
the end of long five foot poles and an eight sided iron club.183
Ramayana Period
The Valmiki Rmayana furnishes glimpses of policemen on patrol and

security guards and spies.184 Ramcharitmanas is full of instances of existence of
spies. The Apastambha Dharamasutra prescribes that the king should see that
there is no danger from thieves in villages and forests. It tells the king to appoint
only pure and truthful officers for protecting the subjects from thieves. 185The first
instance where it mentions about the existence of such system is the incident when
Sati went to her father in spite of Shiva having not agreed of her going there as
they were not invited by Daksha (Sati’s father) for the Yagya being performed by
him.186 Subsequently to ward off some untoward incident taking place there Shiva
sent few of his spies there to keep a watch on what happened there and when Sati
gave up her life in view of Daksha having insulted Shiva, they spies created a
disturbance in the Yagya and narrated the entire happenings to Shiva on return.
The second incidence is when Sati becomes Parvati in her rebirth and wants to
have Shiva as her husband187, Shiva sends Saptrishis to test her bonafides in her
having undertaken to marry Shiva only and the reported back to Shiva about her
strong intention of having Shiva as her husband. Similarly in another incident at
the time of Ram’s birth, Shiva had come incognito as a Brahmin to have his
darshan. The system of spies continued all along the period of Ram Rajya. At the
time of Sita’s sayamvar, Janak’s spies were at work who advised Janak of Ram,
Lakshman and Vishwamitra’s arrival and then Janak came to officially receive
them and similarly all happenings in the marriage could be known by Janak
through his spies.188
183
Ibid.
184
Anandswarup Gupta, Crime and police in India [Upto1816] 1 (J.J.Offset Printers, Delhi,
Reprint Edition, 2007).
185
James Vadakumcherry, Police Criminology and Crimes, 23 Available at :
https://books.google.co.in/books?isbn=8178350947 (accessed on October 2, 2015)
186
Available at : http://enwikipedia.org/wiki/daksha, (accessed on October 2, 2015).
187
Available at : http://enwikipedia.org/wiki/parvati, (accessed on October 2, 2015).
188
Devi Dyal Aggarwal, CBI and Policing in India 18 (Kaveri Books, New Delhi, 2000)
59
Even when Ram was to be coroneted Saraswati through her spies coached
Manthra about Kaikayee and which ultimately culminated in Ram having to go to
forests and resulting in Bharat’s coronation. This shows that queens too had their
system of knowing what was happening in the rajya. The arrival of Ram in the
forests was known to Balmik in advance and even Bhardwaj could know it
through his men acting as spies. Another incident is when Barat went to meet
Ram, Lakshman and Sita in forests, Nishadraj’s spies told him about Barat’s
arrival with his army and sensing some bad designs Nishadraj prepared to fight
with Bharat. 189 Similarly when Ram went from Chitrakoot to Panchwati many
rishi’s came to know about his arrival through their spies and they met him and
even the Raksha’s too who Ram wanted to annihilate were keeping an eye on him.
After Sarupnakha’s nose was cut she narrated the whole incident to Ravana and
the in efficacy of his spies because of which Ravana was not able to come to know
about the arrival of Ram and Lakshman. After the kidnap of Sita, when Ram and
Lakshman went to hunt a golden deer who was none other but Mariach
disguised as deer, Ram and Lakshman kept on wandering in the forests till they
met Sugreeva who had kept his spies all around to keep him apprised of any
planning against him by his brother Bali. Sugreeva sent Hanuman incognito to
find out who Ram and Lakshman were190. Similarly Hanuman acted as Ram’s spy
when he went to Lanka in search of Sita and upon his return narrated to Ram
about the security arrangements in Lanka and also the lacation of Sita. There are
elaborate mentions of spy network of Ravana too. Vibheesana acted as Ram’s
informant after he was granted refuge by Ram after his expulsion from Lanka by
Ravan.
Even during the war when Lakshman became unconscious Ravna came to
know about it so much so that when vaid Suken asked Hanuman to bring
Sanjeevni from the Himalayas. Thus during the Ramayana period there is not only
mention about the elaborate system of spies but also full war strategy has been
mentioned besides the duties of Raja and canons of governance.191
189
Ibid.
190
Ibid.
191
Devi Dyal Aggarwal, CBI and Policing in India (Kaveri Books, New Delhi, 2000)
60
Krishna Period
Material about Krishna period is available in Srimad Bhagwat, apart from

Krishna there are mentions about all other incarnations and the rajas of Puranic
period. Raja Pruthu was coroneted despite his being young age after the erstwhile
Raja Vena was dethroned and killed as his rule was very oppressive that even the
rakshas, thieves, bandits and wild animals feared his presence and he was not
conducting his kingdom well. Thus the Rishis killed him and coroneted Raja
Pruthu.192 Raja Pruthu was a very capable raja and used to tour his kingdom with a
Dhanushban in his hand so that a culprit if any was found could be killed then and
there. He ruled his kingdom with the help of his spies who used to report even the
minutest matter for his consideration. Similarly there are mentions about another
King being replaced by his son Prahlad, as the king was cruel and uncaring for his
people. There were adequate spies in Kansa’s rajya and he could know about the
birth of Krishna and unsuccessfully sent many of his spies to kill him. Jarasandha
had been attacking Dwarka after finding out through his spies that Krishna was
not in Dwarka whereas Krishna used to get all the information through his own
spies. 193 There is mention of spies during the Krishna period at various other
places too such as194:
 Krishna also sent Akroor as his spy to check the behaviour of

Dhritrashtra towards Pandavas.
 Pandavas had network of spies while they were living incognito in
forests and received all the information about the happenings all
around through their spies and even came to know about
Draupadi’s sayamvar in Panchal through spies.
 Kauravas tried to lacate Pandavas during their 13 year exile
through their spies but in vain.
 In Mahabharata too spies of each party collected information
about the preparedness of the other party and passed on the
information to their.
192
Available at : http://www.enwikipedia/wiki/prithu (accessed on October 2, 2015).
193
Supra note 164 at 33.
194
Ibid at37.
61
 Dhritrashtra got entire information about the battle while sitting in
Hastinapur Much literature after Mahabharata is not available
but it is learnt from the Artha Katha that Brahamana Vassakara,
the Prime Minister of Ajatsatru of the Magdha Empire sowed the
seeds of dissension among the Vaisalians by means of the secret
service and ultimately brought about the downfall of that mighty
and powerful tribe.195 As per Buddhist texts in Pali, politics was
vigorous during the Buddhist period, 600 BC - 200AD. During
this period, India witnessed widespread urbanization, which was
almost synonymous with a republican form of government. The
Buddhist scriptures in Pali provide a vivid depiction of the city
state of Vaishali during 5th century B.C. As per these sources,
various warrior kings often sought to exploit this amorphous
structure of the society, sometimes with a measure of success. As
per Buddhist literature in Pali and Brahminical literature in
Sanskrit, republican system of government was almost universal.
These ancient classics offer a complex scenario to describe the
different groups that managed their own affairs. Some of these
groups were probably warrior formations; others were groups with
avowed economic aims; some were religious fraternities. These
organizations, of whatever type, were usually designated as a gana
or a sangha; while less important political structures were known
by such terms as sreni (guilds). The terms Gana and sangha
initially meant multitude, but gradually with the passage of time,
these words come to mean a self-governing multitude by 6th
century BC. In this system, all decisions were taken by the sangha
members themselves, and the governing style was stabilized by
convention for such groups. The strongest of these groups
functioned as sovereign governments, who were generally known
195
H.C Roychoudhary, Political History of Ancient India 173-174(4th Edition)
62
as "republics." 196 Another school representing the views of the
Jaina and Buddhist thinkers present that in early days of cosmic
cycle mankind lived in idyllic felicity in a sort of fairy land, where
there was no need of private property, government or law. But this
process went into a gradual decay and subsequently the primeval
freedom gave way to the fetters of the world. Mankind then felt
the need of food and shelter and impelled by the necessity entered
into agreement with one another for respecting the institution of
private property and family. But this agreement further brought
miseries and worries as with this theft, adultery and other crimes
began to increase. So the people met together and chose a person
who represented the general will-Mahasammata. He maintained
order and retained power with the consent of people.197
There were many small states between Kabul to Gangetic Plains and there
were mostly dynastical rulers who protected their own kingdoms from foreign
aggression and cared for the well-being of their people. There is some mention of
the later states like those of Avante, Gandhara, Kausal, Magadha, Panchal etc.
They had been fighting with each other and so had to keep armed forces for facing
such aggressions and their own armed men for maintaining internal peace. These
states were quite rich, which tempted foreigners too to invade. These included
Greeks under Alexander, Sungas, Kushans, Huns and Muslims culminating in the
advent of British. These invasions were mostly from North West and the sufferers
were Sind, Panjab, Afghanistan (which was India’s part then) and Kashmir. There
was no unity amongst these kings to fight jointly against the foreign aggressor
rather they tried to help such invaders out of their inter-states rivalries and
jealousies. Raja Ambi of Taxila had similarly helped Alexander in his fight
against Porus or Purushottam as he considered Porus as his enemy Alexander
invaded in 327 B.C. through Hindukush. He got help from Raja Ambi. 198. He saw
196
Available at: http://www.academia.edu/426736/democracy in ancient India, (accessed
on October 3, 2015).
197
K.K. Mishra, Police Administration In Ancient India, 8 (Mittal Publications, Delhi, 1978).
198
Available at: http://www.en.wikipedia.org/wiki/indian campaign of alexander the
great (accessed on October 2, 2015).
63
huge army of Raja Porus on the other side of Jhelum. So he left a part of army at
one place and went upstream with the remaining. He crossed Jhelum during night
and suddenly attacked on Porus’s force, who were taken unawares. This shows
that he had a good spying network199.
Mauryan Period
At that time Chandra Gupta Maurya came on the scene. His Prime
Minister was Chanakya (Kautilya). His Arthashastra is world known policy on
governance Chandra Gupta Maurya became ruler of India with his guidance
only. 200 He initially became ruler of Magadha and then extended his Kingdom
defeating Seleucus, the Greek ruler of North-Western area. In Arthashastra, there
is detailed narration of the raja's duties diplomacy, war strategy, economic
management, spies’ net-work etc201.
According to Chanakya, the success of a king mostly depended upon his

advisers, ministers etc. Therefore, the activities of spies were not only concerned
with common criminals. Even the king’s ministers and army commanders were to
be spied upon202.The ministers had to be properly selected and trained. At the time
of their selection, their antecedents, family background and their capability should
be checked up203. Likewise the antecedents of all governors/commissioners should
also be got verified. Their integrity and worth should be got checked up through
spies. For this purpose, the raja should appoint lady and gent spies. 204 This also
indicates that firstly the ladies were literate during that period and they also
worked with men in all fields. As these spies were King’s eyes it was stipulated
that the King should learn everyday at night from his spies the intentions and
actions of his subjects and officers, and the opinions of the ministers, enemies,
199
200
Ibid.
201
Dr.DalbirBharti, Police and People Role and Responsibilities, 7 (APH Publishing
Corporation New Delhi 2006).
202
Sir Pericival Griffiths, The History of Indian Police, 11 (Ernest Benn Limited, Bombay,
Allied Publishers Private Limited,1972).
203
Ibid.
204
Devi Dayal Agarwal op.cit.
64
soldiers, the members of the assembly, relations and the women in harem. 205
Chanakya had stressed on the necessity of the trained/confident and capable spies,
who were considered as back-bone of the empire. The Arthasastra describes two
types of spies i.e., Sanathah or stationary spies and Sancharah or wandering
spies.206 He has indicated nine kinds of spies as under:
1. Kaptika (Fraudulent Disciples): These were spies, who lived like the
students who looked into the interests of the King and his ministers and if
they came to know of anything being against them, they were obliged to
apprise the King of the same.
2. Udasthita (Recluses): These spies lived like sanyasis and were quite
intelligent, simple and pious people. They used to intermingle with the
traders and start doing those vocations with the help of Kaptika spies. The
earnings from that vocation were used for the living of the Sanyasis and
the students and they kept a watch on the weights and measurements used
and the rates charged for sales by the traders. Any overcharging or
underweighting was reported to the King.
3. Grihapatitha (House holders): These were intelligent, honest spies living

like poor traders. Their job was to perform agriculturists' job in farms and
keep a watch on other agriculturists to see that they gave correct share of
their products as King's share.
4. Vedehaka (Merchants): Like Udasthita spies, they too joined the traders
and performed the jobs of traders and agriculturists with a view to see that
there was no cheating in their vocation.
5. Tapsa (Asectics): They lived like Tapasvis and doing intelligence work for
the King. They lived near the towns along with student spies, apparently
living on small quantity of food grains, but secretly eating whatever they
liked, so that the traders would take them as tapasvis/ ascetics and honour
them by heavy payments of money. They would spread word through the
205
J.C.Madan, Indian Police-Its Development upto 1905, An Historical Analysis 3 (Uppal
Publishing House, New Delhi, 1980).
206
K..K..Mishra, Police Administration In Ancient India 14 (Mittal Publications, Delhi,
1987).
65
students that they are great yogis, who could tell about future. In this way
they used to collect information regarding the wealth, family and resources
of the traders. They would tell about some gains in the near future and the
fellow spies would then manage for such short gains so that the traders
develop confidence in such Tapasvis and disclose their all to them. Such
information could be passed on to the King, to be used for appropriate
action against the traders. They would even tell that, shortly they would be
meeting some high official, minister and to fulfil such foretelling, they
would arrange for such meetings too with a view to develop full
confidence in the people to extract any information from them about
themselves and others.
6. Satree (Students): These were close persons of the King, well-versed with
the Jyotish, changing their forms, tellers of good or bad things to take
place, knowing mesmerism, good/bad omens, dancing. These spies kept
wandering from one place to another and during the process collect the
requisite information and communicated the same to the raja.
7. Tikshan (Desperados): These were the spies who were very brave and
without caring for themselves could fight with ferocious animals like lions.
They mixed up with brave warriors with a view to know their resources, so
that their integrity could be known.
8. Rasad (Poisoners): These were the spies, who did not care for their close
friends and relatives. They could even poison any one. They were kept so
that they could convey secret information about their close relatives to the
king.
9. Parivarajika or Bhiksuki (Wandering Nuns): They were poor, matured, old

men, widows, who had reputation in the mahals among the queens. They
would go to the houses of the ministers/high officials too with a view to
know their resources and integrity etc.207
Kautilaya also recommended the employment of spies under the guise of
207
Devi Dyal Aggarwal, CBI and Policing in India 40-42 (Kaveri Books, New Delhi,
2000).
66
persons endowed with supernatural powers, persons engaged in penance, ascetics,
world trotters, bards, buffoons, mystics, astrologers, prophets foretelling the
future, persons capable of reading the good or bad time, physicians, lunatics, the
dumb, the deaf, idiots, the blind, traders, painters, carpenters, musicians, dancers,
vintners and manufacturers of cakes, flesh and cooked rice and send them abroad
into the country for espionage.208 These spies were to be appointed after checking
up their family background, their knowledge of languages, the topography of
various places, their way of dressing themselves, their capability of working
incognito, their knowledge of the trade where they were posted and they were to
be posted in their own country, at the residences of ministers, purohit, army
commander, yuvaraj, escorts, in mahals, cantonments, with collectors, subedars,
armymen, fort rakshaks, forest officers, etc.209 They were posted to take care of
their cooking, taking bath, massaging the body, bed-spreading, barber work, water
carrier, and also near their houses as beggars, infirm, lunatics, dumbs, tribals etc.
They were either males or females and were supposed to keep a watch on each of
their movements. Kaptic student were supposed to frame their own signals to
apprise others concerned and the raja of the deficiencies noted by them. This
indicates that code language was also in use in those days. Even the spies could
not know each other. This was the secrecy maintained.210
The spies had been posted at the places of the governors too so that any
plan to dethrone the king could be immediately known by the King. The
information sent by the spies in code language was deciphered in Rajmahal, if
three or more spies transmitted the same information, then it was taken as true and
necessary further action was taken otherwise further enquiries into the information
sent, were made to know the genuineness of the same. If contradictory
information was sent by different spies, then matter was checked up and the spy
sending wrong information was taken up and punished or removed from service.
Spies were also posted at the places of jewellers and traders, arranging weights
208
K.K.Mishra, Police Administration In Ancient India 14 (Mittal Publications, Delhi, 1987).
209
Anandswaroop Gupta, Crime and Police in India [Upto 1861] 2 (J.J.Offset Printers,
Delhi, Reprint Edition, 2007).
210
Devi Dayal Aggarwal op.cit.
67
and measurements so that under-measurement was not resorted to211.
The spies were also posted with the governors of other countries, where
they used to get employment and work and used to report all matters of interest to
their King. They were paid too by the alien authorities so that there was no doubt
on their bonafides as also by the King. The families of such spies posted in other
countries were taken care of by the King himself. Such spies were also posted
with the Kings, ministers and high officials of foreign countries212.
In addition, the traders working in forts, at the international boundaries,

sanyasis, gwalas, agriculturists were also engaged for doing the spying work for
the king engaging them. They were also secretly paid by such king. The Sanyasis
and Vanprasthis were engaged for spying work in forests and they could recognise
the spies posted by the enemies and would apprehend them and present them
before the king for further enquiries and extracting information out of them. In
this way they were doing double job one to take information for their King and
another detecting the spies posted by enemy countries. Spies were also posted
with Purohit, Ministers and Prime Minister. These spies would mix up with
general public and keep their eyes on the dignitaries for whom they were posted.
These dignitaries could not, therefore, know their individuality. In this way every
one had to be alert. The spies also worked at the places of melas and gatherings to
extract any information out of the discussions at those places. At such places,
these spies used to start talking with one another, saying213:
1. The raja is known as very capable but nothing outstanding is noticed in

him. He rather extracts money out of the people after punishing and
harassing them and in this way could detect the feeling of the people in
respect of their king.
2. They also appreciated the king in such gatherings so that people also
started appreciating him.
3. They could know the rumours in public about governance and would
211
Devi Dyal Aggarwal, CBI and Policing in India 43 (Kaveri Books, New Delhi, 2000).
212
Ibid.
213
Ibid.
68
suitably oppose the same and mitigate such rumours.
4. The people, who were satisfied with the governance, were recognised as
such and those who were not happy were asked to tell the reasons for their
not being happy and remedy the same so that none was unhappy in the
kingdom. If they were still not satisfied, then they would make others
criticise them and develop enmity with them, who would ultimately kill
such people. So without the king coming in the dispute, the people
themselves would eliminate such people and since this had been done at
the instance of the punishing authorities themselves, their killers were not
answerable to such authorities for such crimes since such people could
even corroborate with the enemies, their elimination was desirable.
5. Very brave and capable persons were kept by the king on his side by
honouring them in public.
6. The spies of the enemies could be detected by the king's men acting in
similar way.
7. The spies posted in others' land were required to work there as per policy
of appeasement or on monetary consideration to bring around the people
on their side. If they could not be brought to their view by the above
policies, then the policies of punishment and division were adopted and
they used to continue telling the bad points in the governance of the enemy
king so that they become indifferent.
8. After having brought round to their views in their own country, as well as
in foreign countries, the spies were supposed to advise construction of
forts in their country and were supposed to start working for alliance or
belligerence as warranted by the situation. All this was done secretly. The
places for such consultation were to be in isolation so that others may not
know about it. Even the birds were not allowed to sit near. This might be
in view of the fact that in ancient times, the parrots worked as spies and
could convey information to the raja's men. Only authorised persons were
allowed to join such talks and if anybody spying was caught, he was
finished then and there.
69
9. The talks could be known even by the movements of the people. The spies,
therefore, controlled their movements till the talks started and at the same
time kept a watch on others.
10. Even the King had to take a lot of care in respect of spies as:
(i) An addict drunkard was not be engaged for consultations as under the
influence of alcohol, he would divulge even the secrets.
(ii) The King did not keep his men with him while having very secret talks
with other kings as such persons could divulge the secrecy elsewhere.
Similarly the conclusions with the men of other rajas by the spies, were not
to be leaked to others by the raja.
(iii) The Raja had consultations on secret matters with minimum possible
persons as there could be more chances of leakage if many people knew
the secrecy and in that case it could not be possible to fix responsibility on
anyone for the leakage.
(iv) Any decision arrived at in secret talks was to be immediately brought into
action as the delay could cause leakage of the same.
(v) The number of persons to execute any job was fixed according to their
capability.
(vi) Besides keeping the spies in the houses of ministers. governors, the raja
would fix spies to keep a watch on his sons and even wife (wives) with a
view to know if the wife (wives) had been leaking out some secrecy to
others or the sons were planning to uproot the raja. In case of any such
thing happening, he would get the matter enquired and take remedial
measure, including the death of wife/son.
(vii) The revenues of exchequer were out of the realisation of taxes. The raja
would post spies at suitable places to save the revenues from being
misappropriated or embezzled. The spies would keep a watch on the
collection of revenues and their proper accounts and apprise the raja in
case of any deficiency. The spies detecting
misappropriation/embezzlement were rewarded by payment of one sixth of
70
the detected money as reward so that the spies were encouraged in
detecting more and more such cases.
(viii) There were strict rules for proper weights and measures and the raja's men
kept a watch on their correctness with traders. The delinquents were
severely punished.214
There were government employees for each department. 215 Kautilya in

Arthasaatra mentions 18 great officers of the state and called them Astadasa
tirthas.216
These officers are: Mantrin, Purohita, Senapati, Yuvaraja, Dauvarika,

Antarvansika, Prasasta, Samaharta, Sannidhata, Pradeshta, Nayaka,
Pauravyavaharika, Karmantika, Mantri parishad Adhayaksha, Dandapala,
Durgapala, Anantapala and Atavika.217
The Dauvarika was the warden of police and was responsible for keeping
strict vigilance in the maintenance of the royal palace and was considered as a
very important officer. His responsibility was the maintenance of law and order of
the outer life of the palace. The Anatarvansika, Prasasta, Samarharta and
Sannidhata were officers of the same grade as the Dauvarika. Antarvansika was
the overseer of the harem and this officer was quite likely a lady218. Her function
was of very intricate and responsible nature as she was to guard against the
intriguing women who were in the close association with the king. Harem was one
of the most risky and dangerous place for the king as many ancient kings are
known to be murdered there. The Prasasta was military cum police officer and
was in charge of the munitions.219 For forts, mines, jungles, trade centres, there
were employees to collect taxes under the overall supervision of 'Samharta'. The
Samharta used to maintain record of topography, land area and population of each
214
215
Ibid at 46.
216
R.K.Mookerjee, Chandra Gupta Mauraya and His Time 123 (1952).
217
K.K.Mishra, Police Administration in Ancient India.20(Mitttal Publications,
Delhi,1987)
218
Ibid.
219
K.K. Mishra, Police Administration in Ancient India, 20 (Mittal Publications, Delhi,
1987).
71
village in his books, where the boundary of each village was also indicated, there
was also indication of residential areas, farming land, land for the army. Each
village was under a "Gopa", who kept the record of his village 220 . Under the
control of Samharta, some men in the villages were fixed as spies, who kept the
account of the production, census of each Varna and incoming and outgoing
persons of the village. These spies also kept a watch lest any spy of enemy started
living in the villages. Similarly the spies living as trade men used to keep a watch
on the sales, production of raw material from mines, production from water tanks,
farms, forests and their evaluation. They also kept a watch on imports and exports
via sea and land routes and payment of cess on the same to government
exchequer. The spies posted as Tapasvis kept a watch on farmers, grazers, traders
whether they declared the productions honestly. The pupils of these Tapasvi spies
kept a watch on temples, sarais, and pilgrimage spots, as to who came there and
for what purpose and that there was none from the side of the enemy.221
In this way the Samharta managed his block properly, and on the basis of
reports received from all Samhartas, the governance of the kingdom was carried
out. The culprits detected by the Samhartas were presented before the raja, who
decided suitable punishment, monetary or corporal which commensurated with the
guilt involved and so everyone kept alert lest he was also caught by government
employees. While Samaharta was in charge of the revenue department and was
collector general, Sannidhata was the treasurer general. The Pradeshtas were the
subordinate revenue officials working in the districts and decided on the collection
of revenue. They also maintained local peace and sometimes functioned as
judicial officers. 222 Like Samharta caring for the block of villages, there were
'Nagrikas' appointed to take care of the affairs of the towns. The towns were
divided into parts and a watch was kept on all movements in the towns like the
Samharta. Also for keeping a watch on forts, gardens, workshops, there were
inspectors and spies. A list of such persons was prepared as were overspending or
over drinking and then enquiry was conducted about their resources. Wherever the
220
Devi Dyal Aggarwal, CBI and Policing in India ,47 (Kaveri Books, New Delhi, 2000).
221
Ibid.
222
72
resources created were by foul means, necessary action was taken against them. It
was also seen whether any person was getting treatment for injury caused due to
some armaments as such persons could be belonging to enemies223. Every family
head had to report to the Gopa about any person coming to his house or going
from his house. If such new comers committed theft during the night, then the
house-owner, where new-comer had been staying, was held responsible.224 In this
way, the residents were protected from any theft or robbery etc. Similarly proper
watch was kept on undesirable elements wandering about as traders, grazers,
gwalas, woodcutters in forests, people visiting temples, pilgrimage centres, storing
drugs and narcotics, suspicious characters and anyone so detected was handed
over to the authorities for enquiry and proper punishment. People causing any
irregularity and mismanagement were also caught by the spies and handed over to
authorities.225
The spies were also responsible for keeping the environment clean and
detecting the criminals. People found violating the rules were punished. Constant
watch was also kept on the prisoners and those convicts, who could be reformed,
were released on the recommendation of the Jailors. Such check up was exercised
every fifth day. 226 The Senapati and the Nayaka were military officers. The
Nayaka was below the Senapati. The officers Danadpala, Durgapala and Antapala
were military officers but discharged good deal of police functions. The Dandpala
in later times used to be known as Dandaparika as he became out and out as a
police officer and the Durgapala came to be known as Kotapala and subsequently
as Katuala or Kotwal.227 The Atavika were the forest tribes who were a source of
strength for the army as they made fearless soldiers when recruited in the army
and when employed in the police they put up efficient nocturnal operations as well
as day light service. The Atavipala was in charge of controlling the Atavikas. The
other two officers- Karmantika and Mantriparisada Adhyaksha had no police
223
224
Sir Percival Griffiths, To Guard My People, THE HISTORY OF THE INDIAN
POLICE ,9 (Ernest Benn Limited, London, Second Impression, 1972).
225
226
Ibid.
227
73
function to perform. One was the mining superintendent and the other was the
superintendent of the affairs of the council of ministers. Kautilya describes the
administration of criminal law as Kantaka Sodhna the cleaning of thorns which
means the eradication of dangerous elements by criminal laws and police
regulations. 228 Merchants and Artisians who cheat their customers, physicians
who neglect the patients, dishonest musicians and dancers, thieves in the guise of
gentlemen and such other persons committing crimes were branded as Kantakas.
Both revenue and police officers were entrusted with the task of dealing with
these criminals and their duties were to trace them out with the assistance of spies
and agents provocateurs and to punish them severely229. While arresting a person
some direct evidence was considered and arrest on mere suspicion was not always
allowed. Kautilaya also states that a suspect should not be put under arrest after a
lapse of three days from the commission of offence if no direct evidence was
found about his crime.230
The raja was duty bound to protect the people from foreign aggressions.
For this purpose, Chandra Gupta Maurya had kept an army with strong network of
spies. With the help of this army only, Chandra Gupta could become an emperor
of a vast empire with the help of the spies and a strong army and governed most
effectively with the help of the chain of spies in every nook and comer of the
kingdom.231 Chandra Gupta could know the happenings in other countries through
his spies and what was happening in his country was not known to other countries
as Chandra Gupta's spies were so sharp that they would apprehend any spy from
alien country and punishment for such spies was death. In this way after knowing
the position of other countries through his spies, Chandra Gupta invaded other
countries and was able to easily conquer them and annex them to his kingdom.
The spies were also posted in army so that the army was not able to rebel.
Every government job was kept so secretly during Chandra Gupta's period
228
K.K. Mishra, Police Administration in Ancient India, 20 (Mittal Publications, Delhi,
1987).
229
Ibid.
230
231
Devi Dyal Aggarwal, CBI and Policing in India , 49 (Kaveri Books, New Delhi, 2000).
74
that even Chandra Gupta himself did not sleep for two nights continuously at one
place and only he knew where he would sleep the next night.232 Such arrangement
was made by Chandra Gupta under the guidance of Chanakya and it was
continued during the reign of subsequent Maurya rulers too. Magasthanese had
come to India during Maurya period. He speaks of Indians as a remarkably law-
abiding people and observes that crime was very rare.233 During Maurya time, the
Police department had become a well-established administrative institution. The
Arthshastra advises the imposition of stringent curfew for about two and half
hours after dusk. No citizens were allowed to move outside in the night after the
announcement of the trumpet by the curfew police. But in case of doctors or
persons carrying dead bodies, persons going to attend the call of the government,
persons going to meet emergencies like outbreak of fire etc. the curfew rules were
not necessary, people were however allowed to move unchecked for attending
theatrical performances or other entertainments when those were recommended by
the censor. In ordinary circumstances no person was considered guilty if he
travelled at night even after the curfew hour with a lamp in his hand. 234 The crime
situation was tackled through Police officers, Garrison Commanders, soldiers and
secret agents, who served as detectives. 'Danda' symbolised the coercive power of
the state and was the first basic postulation responsible for the birth of Police
system during that period.235 The traditions set by Kautilya were followed
throughout the history and all over India. This system was maintained by Gupta
rulers and their successors in northern and southern India236.
The policing system of Kautilya was on two distinct basis i.e. civilian
departments entrusted with Police powers and the cadre of regular Police officers.
According to Arthshastra formulations, the Pradeshta (commissioner) for rural
areas, the Nagarakara were officers in charge of a city who tried to detect internal
thieves inside the fortified towns with the help of Sthaniks and Gopas. Police
headquarters were located in the capital with representative Police officers in all
232
Devi Dyal Aggarwal, CBI and Policing in India, 49 (Kaveri Books, New Delhi, 2000).
233
Joginder Singh, Inside Indian Police, 27 (Gyan Publishing House, New Delhi,2009).
234
K.K.Mishra, Police Administration in Ancient India ,23(Mittal Publications, Delhi, 1987)
235
236
Ibid.
75
principle centres and important villages 237 . Kautilya has not only placed the
responsibility on central and district administration for the prevention of crime but
also lays down that the people in the rural and urban areas are by and large
answerable to the crimes committed within their respective areas.238
Ashoka Period
India under Ashoka witnessed an intensive paternal spirit of

administration. The Maurya viceroy was a Kumara who was of the royal blood, he
was assisted by a council of ministers and by judicial and police officers. Even
executive Officer was there who was to implement the verbal directives of the
Emperor. 239 Even Ashoka who had become benevolent after Kalinga war dealt
with the criminals, detected by spies in his kingdom, very severely. 240 Immidiately
after the conquest, the people of Kalinga were under a martial rule and were
subjected to sudden arrests (Akasma Vandhana), coercion and long
imprisonment.241 The important officials were the Mahamatra, the Rajjukas, the
Pulias, the Pradesikas, the Yutas, the Ayutas, the Vachabhumikas, the
Prativedakas, the Lipikars and the Dutas242. The police system under Asoka may
be summarised as follows243.
The Mahamatras were the highest executive officers in the provinces

(outlying territories) and were responsible for the overall peace and order. They
were of various categories and those employed in Kalinga were of the cadre of the
Anta Mahamatras meaning the ministers of outlying territories. The Dhamma
Mataras were a class of very important ministers who used to work as censors of
public morals. They along with Dhammayutas, who were subordinate to them,
were employed to look after the spiritual and moral benefits of the people and
were given a protective mission and worked among servants and masters,
237
238
Ibid.
239
K.K.Mishra, Police Administration in Ancient India 25-26 (Mittal Publications, Delhi,
1987).
240
Ibid at 25.
241
K.K.Mishra, Police Administration in Ancient India 28 (Mittal Publications, Delhi, 1987).
242
Ibid at 26.
243
Ibid.
76
Brahmans and Nigranthas, the helpless and the aged and helped all to free
themselves from worldly cares. They may thus be regarded as spiritual police
officers working under the department of law of piety. These officers were also
empowered to revise the sentences of imprisonment or execution and to reduce
penalties or grant release on humanitarian consideration. 244 Under them the
Pradesikas were employed for the work of collection of revenue, maintenance of
peace and order and administration of justice. The Rajjukas came next to the
Pradesikas and were in charge of the welfare and happiness of the Janapada which
was an administrative division of the province with absolute powers in matters of
reward and punishment. The Rajjukas were under the surveillance of Pulisas. The
Pulisas were on active vigilance duties on the affairs of the Rajjukas and other
officers.245
These Pulisas were the Purushas or the spies of the time of Chandra Gupta
Mauraya and they may be taken as imperial agents in the provinces. The Rajjukas
were assisted by the Praderikas and were discharging judicial and revenue and
police powers. As revenue officers they were assisting the Samaharti the chief
revenue collector and as judicial and police officers they were assisting the
Rajjukas. They were entrusted with the work of maintaining the peace order by
tracking thieves and putting down riots. For discharging various functions they
were being helped by the Yuktas and Ayuktas. The Ayuktas were a sort of village
police and were working under the Rajjukas and were to some extent responsible
to the Pradesikas.246 The Prativedakas were a special class of officers empowered
to report the affairs of the people to the emperor at any place and time. They were
closely associated with the police and intelligence department. 247 They were
empowered to meet the emperor with their reports at any time. Besides all this the
emperor employed a special class of high officers named as Dhammamahamatras
for censorship of public moral and spiritual upliftment of the people.248
244
Supra note 214 at26.
245
K.K.Mishra, Police Administration in Ancient India 28 (Mittal Publications, Delhi,
1987)
246
Ibid.
247
Ibid.
248
Ibid.
77
Ashoka introduced some numismatic measures for lenient treatment of
prisoners and used to set free certain class of prisoners on his birthday and the
Dhammamahamatras were also empowered to extend special favours to prisoners
who were quite aged or had many dependents. Thus under Ashoka the routine
work of the police for the maintenance of law and order was in full operation and
the rigours of temporary regulations went hand in hand. The police organisation
under Ashoka was quite novel.249
After Ashoka there was a period of foreign invasions and internal

dissensions. Only the Kusanas were a link between Mauryas and Guptas. 250 The
important emperor of Kusanas was Kanishka. He too followed the tenets of
Arthshastra including the net work of spies. They sought to perfect administrative
machinery by intermingling the traditions of India and the political ideas which
251
they inherited from Central Asia. The terms 'Mahadandanayaka' and
'Dandanayaka' occur for the first time in Kusana records. These are also found in
Allahabad pillar inscriptions and other epigraphies. The Kusanas gave all
important posts of 'Dandanayakas' and 'Mahadandanayakas' to their relatives.252
There is influence of political thinkers or Arthechintaks on the Indo

Scythian policy. The ablest among the princes studied the science of polity or
Arthavidaya and the care taken to train the heirs of the throne was entrusted to a
class of officers known as Amatyaguna, there were other high officials or
Sachivas. Absention from oppressive imposition of Pranaya or Benevolences,
Vishti or Forced Labour and the solitude for the welfare of the Puras and
Janapadas were not lost upon by the Scythian conquerors of India. The official
machinery of the Maurayan period had not ceased to function in the Southern
India. 253 Important officers of the period were Mahasenapati, Danadanayaka,
Mahadanayaka, Senagopas, Gaulmikas, Arakshadhikritas, Asvarikas,
Bjatamanushayas etc. The Senagopas were the Captains, Gaulmikas were the
249
Ibid.
250
Edgar Thorpe, Showich Thorpe, The Pearson General studies Manual, 36 (Pearson
Education, Delhi, 2005).
251
252
Ibid.
253
H.C. Roy Choudhary, Political History of Ancient India 431-432 (4th Edition)
78
commanders of platoons, Arakshadhikartas were the guards, Asavarikas were the
troopers, and Bhatamanushayas were the mercenaries. These officers were greatly
responsible for the peace order and security of the realm and as such they had
important police duties to perform. The village administration was not very much
influenced by the Scythian system and it continued as it was. 254 The Gramini or
the Gramika continued to be the chief controller of the affairs of the village and he
was assisted by the Gahapatis or the Gram Vriddhas. Thus the Scythian system
appears to have retained the Indian system of administration.255
Ashoka's empire was the vastest ever held by any emperor in India, such a
vast empire was properly governed with the help of a net of spies. As Maurya
dynasty declined due to non existence of a capable king succeeding Ashoka, so
was the case with Kanishka too, when again the successors were mild and did not
have the net of able spies.256
Gupta Period
After Kanishka, India was divided into small kingdoms. The advent of
Gupta period started with Chandra Gupta as the first emperor. In Gupta period,
Chandra Gupta, Samudra Gupta and Chandra Gupta II (Vikramaditya) were the
important rulers, who ruled the country from 320 A.D. to 415 A.D. 257 After
Chandragupta, Samudra Gupta became the King, he conquered the kingdoms in
southern area but rather than annexing them in his empire, he kept them as vassal
states and held Aswamedha yagyas 258 in which the emperor's sovergnity was
accepted by all the vassal states. There was no rebellion in his time as he had a
vast net of spies posted in his kingdom as also in his vassal states, although the
vassal states had been given autonomy in internal governance. The spies used to
keep the emperor informed of the minutest happenings in the state, detected
254
Ibid.
255
K.K.Mishra, Police Administration in Ancient India 30 (Mittal Publications, Delhi,
1987)
256
Supra note 224 at51.
257
258
Ibid.
79
criminals and got them punished.259
During the period of imperial Gupta the administrative institutions attained

considerable development and political concepts underwent considerable changes.
Samudragupta declared that he is God himself and compared himself with
Dhanada, Varuna, Indra and Antaka and called himself as an incomprehensible
being or Achintya Purusha and as God dwelling in this world (lokadhama
Deva). 260 The administrative units under the Guptas were therefore considered
sacrosanct. Fahien, a Chinese traveller, visited India during that period, 261 ( he
came during the reign of Chandragupta II Vikramaditya) provides information
about Gupta period. He has written that people were very prosperous. They did
not have to report about the inmates in their houses as was the practice during
Maurya period. There was no crime nor had anyone to go to Magistrate. People
could travel on high-ways without any fear.262 He also mentions that the people
were prosperous and happy, they do not have to register households, or attend to
any magistrate and their rules; only those who cultivate the royal land have to pay
a portion of the gain from it.263 Anyone could live in the town and could leave the
town, whenever they wished so. There was no system of corporal punishment nor
was there death sentence in existence. Punishments were awarded on pecuniary
basis according to the circumstances of each case. 264 The criminal laws were more
humane than the Maurayan period. Fa Hein writes about the complete safety of
the travellers on road although he himself was several times robbed by
footpads.265 This was in contradiction of what existed in Maurya period. Some of
the high posts were hereditary in character while civil and military officers were
often held by the same persons. Provincial governors and district officers were
259
Devi Dyal Aggarwal, CBI and Policing in India ,52 (Kaveri Books, New Delhi, 2000).
260
K..K.Mishra, Police Administration in Ancient India, 28 (Mittal Publications, Delhi,
1987).
261
Ibid.
262
Anandswarup Gupta, Crime And Police In India [Upto 1861], 5 (Sahitay Bhawan,
Agra1974).
263
1987).
264
H.ACoiles, The Travels Of Fahien , 20-21 (1923).
265
Deepa Singh, Human Rights and Police Predicament, 64 (The Bright Law House,
Delhi, 2002).
80
being helped by officials like Dandika, Chauroddharanika, Dandaparika, Nagara
Shreshti, Sarthavaha, Prathamakulika, Prathama Kayastha, Pushtapala etc. Out of
these officials the dignitaries like Dandika, Chauroddharanika and Dandaparika
were police officers 266 . Dandika had judicial and police functions while
Chauroddharanika and Dandaparika had only police duties and were apparently
serving under the Dandika. The city president was the Nagara Sresthi and was
entrusted with peace and security of the city. Sarthavaha was the leader of caravan
of merchants and he commanded over a large number of private police. Prathama
Kulika and Prathama Kayastha and Pustapala had nothing to do with police
functions but the Mrchhakatika indicate that Sresthin and the Kayastha were
267
helping judicial officers. Nagara rakshadikarana and Vinayasthitis
thapakadhikarana were the city police officer and officer of censor respectively. 268
In the later Gupta period there were police officers like Chatas and
Bhatas who were also the working soldiers of that time, these two officers were
considered as oppressive to villagers even in the eyes of the ruler. 269 Chora
Varjjam was type of chaukidari tax levied on the people. The revenue coming out
of it was spent through the police department for eradication of thieves and
burglars and maintenance of peace.270 There were 'Dandnayakas' in regions and
towns and above them there was 'Mahadandnayaka' in the capital, who controlled
the Dandnayakas. The Dandanayaka was the commander in chief of the army.271
The police department was run by the Dandapasikas who are also known as
Dandodharnikas. 272 Similarly in governance there were Palas, Pratiharas and
Parmaras, who looked after the law and order in the kingdom.273 Dandapasikas
and Dandodharnikas were entrusted with the functions of maintaining peace and
order in the country and to catch thieves and other criminals and to punish them
266
267
1987).
268
Ibid.
269
270
K..K. Mishra, Police Administration in Ancient India, 31 (Mittal Publications, Delhi,
1987).
271
Ibid at 34.
272
Ibid.
273
Ibid.
81
according to their crimes. Dandapasika was a police officer who held the fetters or
noose of punishment. Serious crimes were tried in Rajasthana (Court) by the
judicial officer called Rajasthaniya.
The Rajasthaniya was being helped by the Vyaharins in the administration
of justice, the Dandapasika had a large number of officers employed under him in
the district (Vishaya) as well as in the villages (Grama).The Chatas, the Bhatas,
the Vallabhas and the Vaisvasikas were all engaged in some sort of police duties
and were relied upon by the monarchs for the good administration of the realm.
The Vallabhas and the Vaisvasika were so named because they had the confidence
of the king and they were the personal attendants of the king discharging
intelligence duties.274 There were also Amatyas in provinces and Kumaramatyas
in the capital. The Kumarmatyas were generally from royal house and they used to
keep a watch so that there was no rebellion in the province and further spies were
posted to oversee lest the Kumarmatyas should rise in rebellion against the king.
In this way there was centralization as well as decentralization in governance.
Similarly in every district and sub district too there were Ayuktas and spies
posted. There was a Gopika in the village and all crimes committed in the village
were settled by the Gopika there itself. 275
The Gopika was also authorised to award punishment to anyone found

276
guilty. Dutaka was the executive officer in charge of the registration of records
but sometimes he was also required to look after the work of police and patrol.
Coragraha was the thief catcher. Corarajjuka was as officer who arrested the
robbers and fettered them. Cauraddharanika was the designation of an officer
incharge of the recovery of stolen property or detection and extermination of
thieves.277
During Gupta period besides the continuance of combined police military

bureaucratic machinery duties of Police officers might have been given to military
detachments, which were stationed in different zones. Thefts were attempted by
274
K.K.Mishra, Police Administration in Ancient India 34 (Mittal Publications, Delhi, 1987)
275
276
Ibid.
277
K.K.Mishra, Police Administration in Ancient India 36 (Mittal Publications, Delhi, 1987)
82
desperadoes, who committed dacoities and carried away cattle and property. They
could be effectively controlled by militia or military force resulting in almost
annihilation of crime278.
In Gupta period the administration of cities devolved upon the officer

called 'Kottapal'. This officer may be considered as the precursor of the 'Kotwal of
Muslim period. After Vikramaditya, Guptas' rule started declining. 279
Vardhanas Period
After the fall of Gupta Empire, Harsha emerged as a strong king. The
information about his period is available from the books written in his time by
Bana (Harascharita), and the Chinese traveller Hiuen Tsang (Heui-li)280. Harsh
took interest in proper administration, justice, and public welfare jobs. He had also
kept Ayuktas and Upayuktas in provinces and districts; and kept the king posted
with latest information pertaining to their respective areas but still there was not
that much peace in his period. Hiuen Tsang himself had been caught by a group of
dacoits.281 A tendency towards feudalism which had started in the Gupta period
became well established in the reign of Harsha and the senior officers began to be
paid not in cash but assignments of lands, villages and cities, the transfer to the
guarantee of all sources of revenue and the surrender of police and administrative
functions but in such cases the King generally retained the right to punish the
thieves.282
The penal code of Gupta period was used in Harsha's period too. The
administration of criminal law now became severe 283 as for the first offence
pecuniary punishment was given and for the second offence corporal punishment
was given for example on the charge of theft, at first pecuniary punishment was
granted and on repetition, corporal punishment by cutting one hand and then on
278
279
Ibid.
280
Edgar Thorpe, Showich Thorpe,The Pearson General studies Manual 36 (Pearson
Education, Delhi, 2005).
281
282
Anandswarup Gupta, Crime And Police In India [Upto 1861] 5 (Sahitay
Bhawan,Agra, 1974).
283
Ibid.
83
third time, the cutting of other hand was awarded 284 . Although, there was no
capital punishment, yet life imprisonment was awarded for crimes against
government or otherwise and prisoners were left to rot in dungeons. For social
crimes, pecuniary punishment was generally awarded. It was followed by corporal
punishment on repetition of crime. The life and property were fully protected. For
this, the king's armed men and spies had rounds of the areas entrusted to them.
There were no thefts or dacoities in villages. There was no registration of the
incumbents in houses nor there the custom of bounded labour.285
The court of the emperor was the highest court of trial and punishment. It
was also called the Sabha or Dharmsthana and the emperor was called
Dharmadhikari. The emperor awarded punishment for the crimes in consultation
with the members of the Sabha. Proper investigation was got conducted before
awarding punishment so that punishment to a wrong person was not awarded. The
operations in this connection were that at first the criminals were apprehended by
the armed men of the emperor or by his spies. They were presented before the
competent authority with a charge-sheet and were given a chance to defend
themselves and after examining the defence and the witnesses produced, further
investigation was got done, if need be, and then after such investigation,
punishment was awarded. Then there were appellate authorities; the highest
appellate authority being the Emperor. The emperor's judgement was considered
unbiased and correct286.
All these punishments could be awarded only after the criminals were
apprehended. For this purpose the net of spies and armed guards was very
effective during Harsha's time.287 After Harsha his kingdom got divided into small
kingdoms. In the Deccan the Rashtrakutas ruled after Harsha where the village
was the smallest administrative unit under the Headman. Then there was advent of
Rajputs who were rulers of small kingdoms but were fighting amongst
themselves. They had no common intention for a unified stand and individually
284
285
Ibid.
286
287
Ibid.
84
had a poor system of spies so much so that Mohammad Gazni invaded from
Punjab and went till Somnath temple in Gujrat without any opposition from any
king.288
Mohammedan Period
After the death of Harsha feudalism grew further for centuries. The King
gradually tended to become the ruler over his feudatories and not over his
subjects.289 The number of rulers increased the burden on the common man and
extortion and oppression by the feudal lords and their officials soon became
widespread. 290A greater stability in the administration continued in the Deccan
under the rule of the Rashtrakutas. The village was the smallest administrative
unit under the Headman, who was responsible for the collection of revenue and
for the preservation of law and order in the village and had local militia at his
disposal to assist him in these duties. The main problems were the rebellions from
the feudatories and the rivalries of the adjacent villages. The headmen were
usually hereditary and were remunerated by the rent free lands and the assignment
of petty taxes in kind.291 Then there was the advent of Rajputs, who were rulers of
smaller kingdoms and had been fighting within themselves. For them their own
kingdom was the country and there was no feeling of the country as a whole.292
They did not even help each other even against the foreign invaders, rather they
became happy, whenever a Rajput ruler was subdued by a foreign aggression till it
came on them too. There was no united fighting, rather sometimes the foreign
invaders were invited to attack India and for this purpose even assistance was
provided. 293 The Rajput rulers lacked the spying system and were caught
unawares by the Muslim invaders, who invaded after checking up the position of
the power of the invaded raja, the topography of the region, the armaments
available, through their spies who came as merchants and took all secrets and then
288
Devi Dyal Aggarwal, CBI and Policing in India , 58 (Kaveri Books, New Delhi, 2000).
289
Anandswarup Gupta, Crime And Police In India [Upto 1861] 5 (Sahitay Bhawan,
Agra1974).
290
A.S. Altekar, State and Government in Ancient India 368-369 (1958).
291
Anandswarup Gupta, Crime And Police In India [Upto 1861] 5 (Sahitay Bhawan,
Agra1974)
292
293
Ibid.
85
invaded having prepared accordingly. Mohammedans made alliances with the
nobles against their kings. This shows the vigilant and careful eye of Muslim
invaders, who had taken help from their spies and the nobles of local rajas and
Rajput rajas did not care either to unitedly give a fight or to bring themselves up to
their level in armaments. Similarly Mohammed Ghori invaded several times
but was defeated by the strong king Prithvi Raj. 294 Subsequently when Prithvi Raj
kidnapped Jai Chand's daughter Sanyogita and married her and was amidst merry-
making, that Ghori attacked and caught him unawares, possibly on invitation by
Jai Chand, who was not happy with Prithvi Raj kidnapping his daughter again this
could be possible only Prithvi Raj’s spies were not working.295
Mohammed Ghori established his kingdom in India in and left his
lieutenant Qutab-ud-din Aibak to rule over India.296 After Ghori had died, Qutab-
ud-din declared himself independent sovereign Sultan of India. He also conquered
several regions and annexed in his kingdom. 297 He followed the policy of
attracting the ministers/commanders of rajas to his side and then defeated their
rajas. The Slave Sultans continued but each time a Sultan died, the new one had to
face the rebellious Hindu kings of various provinces, who used to declare
themselves independent. Therefore, the first job for any Sultan was to subdue the
rebel rajas. Balban took over in 1265 and saw that his governors/rajas had been
rebelling every time there was a change in the Sultanate or even in between. He,
in order to avoid recurrence of such incidents therefore, thought that the spies
department had to be vigilant and also he would have to treat such governors/rajas
with a very heavy hand, therefore he posted his confident spies with the
governors; with his ministers and nobles; in all departments so that there was no
cheating or misappropriation or embezzlement of funds by wrong accounting etc
and at short distances in his entire kingdom. Anyone, not doing his duty, was
killed so that others might take a lesson. He also posted news-writers and news-
294
Available at : http//:www.indianetzone.com/4/Muhammad_ghori.htm (accessed on
October 3, 2015).
295
Ibid.
296
Available at : //:www.indianetzone.com/4/Muhammad_ghori.htm (accessed on October
31, 2015).
297
86
carriers at every town/village and on the highways. They reported the matters
directly to the Sultan. If there was any unreported incident in the kingdom, the spy
fixed there was taken up therefore the news-'writer had to keep a vigilant eye in
298
his area. Balban's strength was his army. He paid them cash rather than
allotment of land so that they did not involve themselves in the settlement of land
but devoted to their jobs. 299 In order to curb the menace he started apprehending
them with the help of his army and awarded severe punishment. Ferocious
Afghans were posted at all places and highways and in this way the areas were
made peaceful and bereft of robbers.300
Balban distributed the kingdom into provinces and districts and appointed
officers at each place, who got the jungles and villages cleared of robbers and
dacoits. He established Police chowkies at short distances and posted armed men
on those chowkies. He also posted news-writers and news-carriers under the
overall control of the Mamalik. In provinces too, officers and Mamaliks had been
posted. In case of any robbery, the Mamalik of the area was held responsible and
punished. Police chowkies and news-writers had been posted on highways too to
ensure safe travel.301
Balban ruled because of the net of spies and strict punishment to

criminals. 302 He introduced a system of espionage to know the truth about the
criminals.303
After Balban, the Khiljis appeared on the scene with Ala-ud-din Khilji as
the most important ruler of this dynasty. As with the death of each king, there was
chaos and anarchy and each governor used to declare himself independent. So,
each king had to at first establish himself by suppressing the rebellions by
298
Edgar Thorpe, The Pearson General studies Manual 62( Pearson Education, Delhi,
2005)
299
Available at : http//:importantindia.com/shortbiography of sultan-
ghiyas_ud_din_balban, (accessed on October 3, 2015).
300
301
Ibid.
302
Ibid.
303
Dr. Dalbir Bharti, Police and People, Role and Responsibilities 10 (APH Publishing
Corporation, New Delhi, 2006)
87
governors304 for this he found that the main reasons were:
1. Ineffective spies'-net as a result of which the king did get not the
information about planning of his governors and other nobles against him.
2. Due to drinking, people used to get together and since it involved huge
expenditure, people earned money by foul means and the nobles too had
get-together in inter-marriages and there planned to uproot the king.
3. Extra richness with some people also encouraged rebellions
He, therefore confiscated all lands allotted for religious purposes and organised
the spies' net and appointed news-writers, news-carriers and other spies. They had
been posted at the places of all high officials, sardars, nobles, ministers, in all
towns, villages and high-ways. They collected information of use to the king and
transmitted the same to him. This stopped whispering of any plots amidst the
governors etc., and had a fear lest they would be watched by spies305.
Ala-ud-din had to keep a 'big army so as to quell the rebellions. With a

view to reduce the expenditure on army, he fixed prices of all essential
commodities and introduced price-control system. Anyone not selling
commodities at fixed price, could be apprehended by the spies and then he was
heavily punished. The spies also kept a watch on proper weights and
measurements and persons involved in selling commodities under-weight were
punished. He introduced a new department under Dewane-Riyasat and another
Shahane-Mandi to monitor, above arrangements, with many officials, who fed the
king with all information. In this way the king was successful in quelling external
aggressions and internal rebellions. He also finished the system of award of
Jagirdars to his sardars and gave incentives to his loyal officers.306
After Ala-ud-din's reign kingdom was again disrupted after his death
which gave a chance to Tughlaqs to come up. Ghayas-ud-din Tughlaq continued
with the policy followed by Ala-ud-din Khilji. He protected the agriculturists'
304
305
Ibid.
306
Ibid.
88
interest and introduced incentives to them. He reconciled with the Sardars.307 The
organisation of news-writers, news-carriers and spies was retained and he gave
them horses for quick action. He was succeeded by his son Mohammed Tughlaq,
who reduced the number of spies. He introduced token currency as counterfeit
coins had been made out. There were mints in every house and the treasury was
full of fake coins and the foreign merchants did not accept those coins in exchange
of goods brought by them resulting in chaos in the trade 308 . Hence the king
declared those coins as illegal tender and ordered all such coins to be got ex-
changed. In this way the exchequer got emptied. Several governors rebelled and
the sardars and nobles became anti-king. He also committed the other follies of
shifting the capital as a result of which there was anarchy and chaos in
governance. It was all due to there being no proper spies' arrangements.309
Timur invaded and reached Delhi without any opposition.310 This was due
to the fact that the governors, having declared independence, they could not
individually face the invader and central force had become weak and this resulted
in chaos in the country.311
Lodhis came to power in such a situation with Bahlol Lodhi and then
Sikander Lodhi.312 Sikandar Lodhi initiated several reforms in the criminal justice
system.313 He ordered all governors to maintain correct accounts of all revenue
and expenditure and submit the same to the Centre, who kept the accounts of the
entire kingdom. Any default in accounting was dealt with severely. He had also
kept spies to keep a watch on the movements of all governors. He had also posted
his spies in towns, villages and on the high-ways. These spies sent reports direct to
the king because of which he was able to know all that had been happening in the
307
Edgar Thorpe, The Pearson General studies Manual 64 (Pearson Education, Delhi,
2005).
308
Devi Dyal Aggarwal, CBI and Policing in India 63-64 (Kaveri Books, New Delhi,
2000).
309
Ibid.
310
Available at : http//:Wikipedia.org/timur, (accessed on October 4, 2015).
311
Ibid.
312
Available at : http//:www.britannica.com/topic/lodi_dynasaty (accessed on October 4,
2015).
313
Dr. Dalbir Bharti, Police & People ,Role and Responsibilities 10 (APH Publishing
89
state. There was proper law and order, spies’ network and good administration in
his time and the public was prosperous.
After Sikandar Lodhi, Ibrahim Lodhi succeeded and during his reign
Governor of Panjab invited Babar from Central Asia to invade India 314 so that
after defeating the king of Delhi, he could become independent governor of
Panjab. Babar came and defeated Ibrahim in the first battle of Panipat and became
ruler of India because the spying system strengthened by Sikandar Lodhi had
become weak again during Ibrahim's time whereas Babar, through his spies and
with the help of governor of Panjab, checked up the position and had accordingly
drawn war strategy. Babar could not, however, live long and died. 315 Humayun
succeeded, he became busy in restoring the lost territory and then he distributed
his kingdom amongst his three brothers and kept a part with himself. Because of
this distribution, the centre became weak. Although he had put spies of his
confidence in all provinces, who sent information directly to the king, yet the
governors of some of the provinces rebelled. Humayun fled from India, yielding
the throne to Sher Shah Suri as Sher Shah had surprised Humayun by sudden
attack.
Sher Shah was a capable war strategist. He introduced epoch making

reforms in the revenue and police administration by streamlining the Zamidari
system. 316 He strengthened the spy system. 317 He distributed the kingdom into
Provinces and Provinces into Districts/Sarkars and each Sarkar was divided into
Parganas; posted Shiqdars in each Sarkar and province under the Chief Shiqdar at
the Centre and above them there were Chief Munsif and Chief Qazi.318 The Chief
Shiqdar was responsible for law and order. The Shiqahdars who had till now the
powers of Kotwal were now given magisterial powers within the Parganas. In big
314
Supra note 281at65.
315
Ibid.
316
Dr. Deepa Singh, Human Rights and Police Predicament 60 (The Bright Law House,
Delhi, 2002).
317
Edgar Thorpe, The Pearson General Studies Manual 72 (Pearson Education, Delhi,
2005).
318
90
cities, there were thanas under Kotwals who had army troops under them. 319 The
policing of the countryside was given to Faujdars. They used to try the criminal
cases and punish the criminals too. Sher Shah also provided for thanas in big
villages and towns along with sainiks.320 They were responsible for maintaining
law and order in their respective areas. The department of spies was under the
Barid-e-Mamahk. Sher Shah Suri is known for proper governance and
administration. He introduced the system of transferring the high officers after a
fixed period so that no vested interest could be developed. These transfers were
after 2-3 years in each Pargana and province. His revenue department was also
well administered. The spies had special instructions to see that the agriculturists
were not harassed and such complaints were immediately heeded to and prompt
action was taken to redress the grievance personally by the king.321
At the time of Sher Shah Suri, many fake coins were in currency, which
had been made of brass instead of gold, he withdrew all coins made of mixed
alloys of gold and brass and introduced coins of pure gold and small change was
made of silver and copper and the spies kept watch on the small coins to see that
these were not made locally by the people. Anyone in possession of fake coins,
was severely punished. Sher Shah had posted his spies at all exchange centres and
business centres to see that there were no base coins in use any-where.322
Sher Shah's police management was simple and effective the Shiqdar-e-
Shiqdaran was responsible for maintenance of law and order. In villages, this
responsibility was entrusted to local people under the Gram Mukhiya. For any
theft taking place in the village, the Mukhiya was held responsible323 therefore the
Mukhiya made all efforts so that there was no theft, robbery or dacoity in his
village or on the highway otherwise he was to be punished for the same. During
Sher Shah's time, people were so much secure that the traders and travellers could
deposit their belongings at the chowkies on the highway and slept peacefully
319
320
Dr. Dalbir Bharti, Police and People, Role and Responsibilities 11 (APH Publishing
Corporation, New Delhi,2002).
321
322
Ibid.
323
Ibid.
91
without any fear.
Sher Shah constructed several highways for safe travel and provided police
chowkies with armed men. This not only reduced crime but increased trade,
leading to the increase in government revenues. He had made proper arrangement
of spies.324 His spies reported every happening to the king through Dak Chowkies,
checking any rebellion or creation of vested interest by any officer. The
department of police chowkies was under the Daroga-e-Dakchowkies and he also
had under him many news-writers, news-carriers, sainiks. Sher He had posted his
spies in the army too so that the army or any army officer could not rise in
rebellion against the king. Fauzdars were posted in the army. 325 They were king's
own confidents- They not only fought devotedly but took care of the interest of
the country too. The king even used to post his spies in the army of the enemy and
the king used to attack the enemy after getting appropriate information from the
spies about enemy's position.
After Sher Shah's death there was no capable successor, Humayun again
became the King in 1554 and died in 1556. Then there was the second battle of
Panipat in which Hemu was defeated and Akbar became the king under the
guidance of Bairam Khan. He consolidated and reconquered his lost territory. He
married a Hindu Rajput lady and framed the policy of conciliation with Hindu
Rajput rajas.326 He continued the chain of spies and Kotwals as introduced by Sher
Shah Suri and had a well established kingdom. During Akbar’s regime the head of
the provincial government was known as Subedar or Nazim. He had a number of
Fauzdar’s under him to assist him and administer the police functions. The
principal duties of Fauzdar were327:
a. Guarding of the highways and arresting of robber’s gangs.

b. Suppression of all disorders and smaller rebellions.
c. Realisation of state dues from defaulting villages.
324
Edgar Thorpe, The Pearson General studies Manual 72 (Pearson Education, Delhi,
2005).
325
Joginder Singh, Inside Indian Police 29 (Gyan Publishing House, New Delhi, 2009).
326
327
Dr.Dalbir Bharti, Police and People, Role and Responsibilities 11 (APH Publishing
92
d. Overawing opposition by show of force
The powers of kotwal are well defined in Ain-e Akbari.328 In towns the
overall responsibility for police functions was in the hands of Chowkidars, who
were under the supervision of Fouzdar.329 The emperor used to appear in person
before public daily and himself listened to the public grievances and announced
decisions then and there itself except in cases where the matter needed
investigation, where investigation was ordered. In addition there was the
arrangement of 'Gusalkhana', where the emperor had consultation with his senior
officers/ministers and disposed off important matters. Also there was the system
of 'Zenana' and 'KhilawatKhana' where the emperor met the spies and took
decisions on secret and confidential matters. At such places only Diwan and
Bakshi were allowed to be present. The emperor tried to be present on all these
occasions. Such darbars were held even when the emperor was out on
expeditions.330
In emperor's council of ministers, there was one Chief Qazi and one
minister for ecclesiastical affairs. Under them here were Muhtasibs. His job was to
look into the religious natters in addition to seeing that there was no under-
weighment, under-measurement or selling the essential commodities at high rates.
He also ensured that the government land was not encroached upon. He was also
responsible to see that no drugs or intoxicants were sold; no rapes took place; and
no immoral activities took place. Gambling was prohibited in the towns. The
restrictions imposed on non-Muslims were properly complied with, was also
ensured by this officer.331
Daroga-e-Dakchowkies, introduced by Sher Shah was retained. Horsemen

and runners were posted at every three koses so that the dak could reach
expeditiously. It is because of this organisation that the emperor was able to check
328
Ain e Akbari was written by Abdul Fazal, one of the ministers in Akbar’s court.
P.D.Sharma, Indian Police, A Developmental Approach 4 (Research Publications, New
Delhi, 1977).
329
Dr.Deepa Singh, Human Rights and Police Predicament 61 (The Bright Law House,
Delhi, 2002).
330
331
Ibid.
93
rebellions and eliminate crime from the kingdom. For ensuring that the
information reached the emperor expeditiously, there were.332
1. Waqa-navis
2. Khufiya-navis and
3. Harkaras
In every block and big towns, there was a news-writer along with a
Khufianavis and requisite number of Harkaras The Waqanavis used to send his
report to the news-writer every week and the news-writer used to compile the
same and send it to the emperor through the Daroga-e-Chowki in a sealed hollow
cylinder, who used to present them before the Emperor in 'Zenana' chamber.333
The Daroga had the permission to send important dak to the king even in
harem. Anyone creating obstacle or interfering in this work was severely
punished.
During Akbar's time, the city administration had been streamlined and all
important cities and towns were placed under direct charge of Kotwal. The
provincial Kotwal was in charge of the capital city of the province. The Kotwal
was also required to perform duties for the municipal administration in the city
and also as a censor of morals of its inhabitants. The administration of the district
headquarters town was also in the hands of an officer having the same designation
viz. Kotwal. He also enjoyed the position of a Magistrate as far as criminal cases
of the district headquarters town were concerned.334 The powers of Kotwal are
well defined in Ain-e Akbari. 335 In the towns the responsibility for police
administration lay on the Kotwal, Rural policing was in the hands of Chowkidars
under the overall supervision of Fuazdar.336 Zamidar was made responsible for
the peace and security of the people of his Zamidari, apprehension of criminals
332
Anandswarup Gupta, Crime and Police in India, [Upto 1861] (J.J OFFSET Printers,
Delhi 1974).
333
334
Ibid.
335
Delhi, 2002).
336
Percival Griffiths, To Guard my People, The History of the Indian Police 13-17(Ernest
Benn, London, 1971).
94
and restoration of stolen property.337As a consequence of engagement of Fauzdars
by Muslims, the power and authority to administer justice rested in them but still
the Zamindars as a class did not prove their mettle in curbing crime and
lawlessness. Each such specie was busy fending for himself and whatever
strength, a Zamindar could acquire by maintaining a hand of lathials, either openly
or on the sly, was used more for ensuring collection of revenues and oppressing
the ryots. Seldom, if ever, was such might used for the safety and security of the
common man.338 The Mughals maintained an elaborate system of espionage.
After Akbar, Jahangir, Shahjahan, and Aurangzeb became the rulers of

India and continued the same system. Jahangir had issued twelve farmans for
eliminating the crime from the kingdom and police was responsible for
compliance of these farmans. He ensured that the Jagirdar shall not for his own
sake or in the name of "Mir bahari' impose/collect any cess, Jagirdars had to
provide sarais and police chowkies at high-ways, where the thefts or robberies
took place and police was posted at these sarai's so that the travellers were not
looted. The police had to ensure that on anyone's death, his property went into the
hands of his heirs and was not misappropriated by anyone else. The cases of all
criminals, who had been in captivity for long periods, were reviewed and those,
who had started behaving, were released.339
The rule of Shivaji came up during the reign of Aurangzeb. His spying
system was responsible for his success as he went on conquering one fort after the
other. He first used to collect information about the security men posted in the fort
through his spies and would then attack suddenly. The government officers could
not even know of it. Shivaji met Afzal Khan, who wanted to swoop him down but
Shivaji could know of his intentions through his spies and went duly prepared and
armed to meet him and killed him. Similarly, another officer, Shayasta Khan was
sent to subdue Shivaji but here again after checking up his position, Shivaji
attacked his residence on one night and he fled losing his fingers. Shivaji
established a Hindu kingdom as his spies department was fully alert and because
337
Ibid.
338
339
Ibid.
95
of that only he could establish a Hindu rajya in Mughal regime 340. He expanded
his territory by getting prior information through his spies and then suddenly
attacked the place so that the enemy could not know of his movement or designs;
he had also posted spies in his kingdom to detect criminals and getting them
punished. Also all happenings in the kingdom were reported to Shivaji. In his
ministers, there was one Minister-in-charge of spies department called Wazir-e-
Vaqanavish. After collecting the reports from the spies, he used to present them
before Shivaji. Shivaji himself too toured the kingdom incognito and after
apprehending the criminals, punished them then and there.341 He used to punish
his staff severely in case of non-performance. Shivaji’s revenue officers were Sar-
subedar, Subehdar, Havaldar, Kamavisadar, Mukadam or Patil.342
They were also responsible for the maintenance of law and order within
their jurisdiction. Havaldar also were responsible to protect the forts. Sar-
subehdars and Subehdars were responsible for law and order in their territories as
well as the security on the highways, for which police forces were kept under their
control and supervision. The District and Pargana police was under the Mamlatdar
and the expenditure was incurred from revenue of the territory. Parganah police
had also a force consisting of mounted police and foot police. If the rich men or
traders required special police protection, expenditure was recovered from them.
Village police was entrusted to Patils or the Mukadams. 343 He abolished all
hereditary officials, i.e., the Patils, the Kulkarnis, the Deshmukh and the
Deshpandes, leaving their perquisites unaffected and appointed new ones in their
places called the Paripatyagars or Hovaldars and Mukhya Deshadhikaris or
Subedars who were made transferable from one place to another and had to look
after all the branches of the administration. After Shivaji’s death, effective power
came to vest in the Peshwas who revived the feudal character of the empire.344
340
Ibid.
341
342
343
Ibid.
344
Anandswarup Gupta, Crime and Police in India, [Upto 1861] (J.J OFFSET Printers,
Delhi1, 1974).
96
The British Period and afterwards
Dutch, Portuguese, French and British had come to India for trade in early
18th century. Due to their infighting, they had started keeping some force. After
the death of Aurangzeb, the Mughal system of justice and police administration
collapsed due to the decline of Mughal Empire. The administration of police was
disorganised, mischievously corrupt and utterly inefficient. Armed gangs of free
booters like Pindaris, Marathas, Afgans and bandits roamed throughout the
country. The villagers settled disputes over stolen property by means of surprise
raids on one another at night. 345 The East India Company took over after their
victory in the Battle of Plassey on 23rd June 1757. In the battle of Plassey mainly
the reason for the defeat of Siraj-ud-daula was on account of British having bribed
his Commander-in-Chief, Mir Jafar to make him governor of Bengal if he
managed the defeat of Siraj-ud-daula. Siraj-ud-daula, due to lack of spies, could
not know the movement of army and plot of bribing Mir Jafar. Poor war strategy
too was responsible for defeat of Siraj-ud-daula.346 After Mir Jafar became the
Governor General of Bengal his son in law Mir Qasim setteled to pay the British
heavily if he was made the Governor of Bengal therefore he was made the
Governor of Benhal but subsequently again Mir Jafar was made the Governor of
Bengal and with every change the British got heavy amounts as price of change
making British position strong and Governor’s position weak. As the East India
Company assumed political responsibilities, there was no stability or peace in the
country. Extortion and oppression was practised by all ranks of police officials.347
After the Plassey victory the Company assumed the rights of Talukdari and
Zamidari, granted to them by Mir Jaffar. The company took over Orissa, Bihar
and Bengal. It established its military and political hegemony over the areas. In
this way the civil and military powers as well as the resources of the country were
passed on to the British. The Company’s only interest was to collect as much
money as possible and trading. They were responsible for collecting the land
345
David H Bailey, The Police and Political Development in India 39 (Princeton,New
Jersey,1969)
346
347
J.C. Madan, Indian Police, its development upto 1905, An Historical Analysis 11 (Uppal
97
revenue as well as policing and criminal administration as Naib Nazim. For
policing the Zamindars were expected to maintain staff including the Thanedars
for the law and order duties and for maintaining peace in their charge as well as
dealing with crime and criminals348. There was hardly any supervision on their
work. Their payments were not regular. This way the situation continued to
deteriorate. It led to chaos in the country. The Company’s main interest was the
collection of revenue. The fall of revenue, the problem of internal security and
protection of the interests of the East India Company was a challenge as their
commercial establishments invited the best attention of these gangs as it is only in
peaceful conditions that the people earn and pay their taxes. 349 Hence they
evolved a concrete policy of gradual but piecemeal reforms in the organisation
and working of police machinery in India and it was characterised by the process
of continuity and change in the evolution of police administration in the
company’s territories.
The Governor Verelst started the institution of European supervisors in
August 1769. They were placed under the in charge of districts. Their duties
included the maximum collection of revenue for the Company. They were told
stop the oppression of the poor by the Darogas, Kotwals and other functionaries,
maintained for the protection of the people. They were asked to reform the system
and the police functionaries. They abolished the institution of Faujdars except in
the district of Dacca and Hoogly in December 1770. As there was no adequate
force available and the Supervisors did not have adequate powers this system did
not make any difference350 therefore they had to laboriously and ingeniously build
over a period of time a modern police without disturbing the indigenous police
system.351 The police as it exists today took shape during the British period. The
British took a detailed review of the then criminal justice system of which the
main component was police.
Warren Hastings came to India as the Governor of Bengal on 13th August,
348
Joginder Singh, Inside Indian Police 31-32 (Gyan Publishing House, New Delhi, 2009).
349
Ibid.
350
Id.
351
98
1772352. He could observe the defects and inequities of the existing system of
criminal law and the machinery of criminal justice but could not venture to uproot
the Muslim criminal justice system and tried to tread a pragmatic path and
adopted the device of experimentation with the triple policy of the preservation of
the heritage as far as possible, reorganisation where ever inevitable and
improvements where inescapable. 353
He renamed the Supervisors as Collectors and gave them all the

responsibility for the collection of revenue. He reorganised the judicial system
with the Collector at the district level as the head of Faujdari Adalat and the
Presidency court Sadar Nizamat under the Governor and Council. In the mean
time the problem of dacoity became worse. In entire Bengal, dacoits' rule
prevailed. They had the backing of big zamindars and ex-officials as they had
been ousted by the British and they needed some source of income for defraying
their inflated expenses. Hastings tried to suppress the dacoits. The dacoits were
apprehended and were hanged in villages so that it may have deterrent effect on
others. Their families were made slaves and their properties were confiscated.
Another nuisance of that time was that of Sanyasis. They wandered about naked in
groups. They used to loot the travellers and others on high-ways and hided in
jungles. Generally after looting the victims, they used to kill them too. Hastings
used to call them 'Indian Gypsies'354.
Hastings took some remedial measures as355:
1. Fauzdars were appointed in 14 districts of Bengal to be responsible for
protection of inhabitants by detection of and apprehension of all public
robbers within the respective districts and for transmitting constant
intelligence on all matters relating to the peace of the people in the
Presidency.356
2. Zamindars, farmers and other officers of the revenue collection were
352
353
Dr. Mrinmaya Choudhuri, Languishing g for Justice 73.
354
355
356
J.C. Madan, Indian Police, its Development upto 1905, an Historical Analysis 13-15
(Uppal Publishing House, New Delhi, 1980).
99
enjoined to afford the Fauzdars, all possible assistance in the discharge of
the above duties and to obey such orders as they may issue in that
connection.
3. Zamindars or farmers convicted of failure to assist the Fauzdar in the
execution of his duties shall be responsible for any loss sustained by such
misconduct.
4. All members of public found guilty of receiving fees or other pecuniary
benefits from robbers, knowing them to be such, shall be adjudged
criminals and punished with death.
But the first British attempt to institute a police system failed, violent
crimes and dacoity continued to grow as the Thanedars who were appointed and
removed by the Zamindars and were not paid any salaries but were given some
land. The Zamindars appointed the Thanedars on considerations other than merit.
Many Thanedars got hand in glove with the criminal elements to enrich
themselves. The system led to a situation of conflict between the Magistrates and
the Zamindars as the former were keen to stop the harassment of the poor and
ensure protection of the Company’s interests. Though the Magistrates were keen
to take control of the rural police, the government was not keen as it would have
meant incurring extra regular expenditure on the maintenance of police. In this
way the reform of the Indian Police was founded on this consideration.357
After the exit of Hastings in February 1785, the Council empowered the
magistrates to try case of assault and some other petty cases. This was the
beginning of the joining of the Executive and Judicial powers.358
Cornwallis, who succeeded Hastings as Governor General, is the innovator

of an organised police administration in Bengal. When Cornwallis came to India
in 1786 he found abundant evidence of frauds, peculation and corruption. He also
saw that murders, dacoities and other serious crimes were daily committed with
impunity. There was a general feeling that life and property were not adequately
protected. He enhanced the powers of the Collectors. He authorised them to take
357
Joginder Singh, Inside Indian Police 34-36 (Gyan Publishing House, New Delhi, 2009).
358
Ibid.
100
action against the Zamindars conniving with the criminals. As most of the
collectors were engaged in private commerce and trade themselves, it hardly
improved the situation. 359 Cornwallis noted that most of the Collectors were
engaged in commerce either themselves or in the name of a friend or a relative.
They had become most dangerous enemies of the Company’s interests and the
greatest oppressors of the manufacturers. As the Daroghas and the lower staff
continued to be corrupt so the collusion between the Zamindars, Criminals, and
Daroghas continued and hence the crime was still out of control. 360 Lord
Cornwallis was the first British administrator who tried to improve the police
system. 361 He appointed a Superintendent of Police for Calcutta in 1791 and
thereafter extended his efforts to the Mofussil. He was if the opinion that the
interests of the company and the people were interconnected and therefore
protecting the interests of the people and ensuring their happiness and prosperity
was necessary to the Government even from the point of view of its own stability
and permanency.362
He introduced drastic reforms in 1792 when he introduced a uniform

pattern for the first time and abolished the Zamidari and Thanedari systems363 and
organised a separate force under a District Magistrate in Bengal. The districts
were now divided into police station jurisdictions and a Darogha was appointed by
the Government in each of these police sataions with an establishment including a
Moharir, a Zamadar and ten Burkandazes.364 The following important provisions
were made by him365:
1. The Police in the country is in future to be considered under exclusive

charge of officers of government, who may be specially appointed to that
359
360
Ibid.
361
J.C. Curry, The Indian Police 26-27 (Manu Publications, New Delhi, 1977).
362
Dr. Dalbir Bharti, Police & People Role and Responsibilities 14 (APH Publishing
363
G.K Kasture, Thoughts on Police Reform, National Police Academy, Mt Abu,
November, 1966.
364
Dr. Dalbir Bharti, Police & People, Role and Responsibilities 15 (APH Publishing
365
Devi Dyal Aggarwal, CBI and policing in India 75 (Kaveri Books, New Delhi, 2000).
101
trust. The land-holders and farmers of land, who keep up establishment of
Thanedars and police officers for the preservation of peace, are
accordingly required to discharge them and landlords and farmers are
prohibited from entertaining such establishments in future.
2. Landlords and farmers of land are not in future to be considered
responsible for robberies committed in their respective estates or farms,
unless it shall be proved that they connived at the robbery.
3. The magistrates are to divide their districts into police jurisdictions, each
jurisdiction to comprise an extent of country not exceeding ten kosas
square. The guarding of each jurisdiction to be committed to a Daroga to
be stationed in such a manner as to bring the principal towns, bazars,
gunjes, and squares in the centre so that this police establishment may
serve for the protection of these principal places.
4. The police jurisdictions are to be numbered and to be named after the
central places.
5. The Magistrates are to nominate Darogas in the first instance and to fill up
all future vacancies. No Daroga to be removed except on proof of
misconduct.
6. Any person having a charge to prefer against another for murder, robbery,
house-breaking, theft or other crime or offence cognizable by the criminal
court, shall be at liberty to prefer in writing to the Daroga of the
jurisdiction in which the crime is committed.
7. The Darogas are authorised to apprehend without charge and without
issuing a 'dastuk' or writ, persons found in the act of committing a breach
of peace or against whom a general hue and cry shall have been raised or
who shall be detected with stolen goods. In other cases the darogas are
prohibited from apprehending any person without a charge having been
preferred against him in writing.
8. The Daroga upon receiving the information of any notorious docoit or
robber harbouring within his jurisdiction, shall apprehend him and forward
him to Magistrate.
The rule also prescribed about the detailed description of other
102
miscellaneous powers and duties of the darogas to discharge an accused in
some cases on the basis of 'Razeenama' to be executed by both the parties.
This plan was later examined by different committies on police reforms
appointed by Lord Welleasly(1801), Lord William Bentick(1806), and the
Court of Directors of the East India Company(1813). 366 But all these
committees were of the view that village police should be given more
powers and responsibilities than what they have enjoyed so far. The
District Collectors were made administrative heads of the police
organization in addition to their revenue duties. 367 Between 1792 and
1817, a large number of regulation enabling, repealing and amending,
covering functions and activities of Police in Bengal had been passed in
order to clear the ambiguities. One of them is a Regulation issued by the
Governor General, i.e, Regulation II of 1795368. According to it the village
Zamindars and his farmers on getting permanent settlement were made
responsible for the maintenance for the peace, not to harbour any
criminals, thieves and robbers. They were also made responsible and
answerable for the stolen property, and in the event of it not being
recoverable, had to make good the loss. Some suggestions were given, in
making the punishment specific, thus removing the uncertainties of
previous laws. Some other suggestions included conferring the powers of
Munsiff and increasing the number of Thanas369. It was also suggested that
the Magistrates should be authorised to try all criminal cases. It was
because the system prevailing at that time led to delay. For this many
complainants preferred to put up with thefts and robberies than complain
to police as it involved delays in the rendering of justice and trouble, loss
of time and expenses for attending criminal proceedings. The most vital
defect of the time was the inadequacy of the police force.370
366
Delhi, 2002).
367
Dr. Dalbir Bharti, Police & People 15 (APH Publishing Corporation, New Delhi, 2006).
368
369
Ibid.
370
103
An important milestone in the history of policing in Bengal is the Fifth
Report of Select Committee appointed by House of Commons in 1808 to enquire
into the affairs of the Company. The report issued in 1812 devoted one section to
deal with the state of crime and Police in Bengal, The Committee suggested371:
1. Collectors should cease to exercise magisterial functions.
2. Districts should be divided into sub-divisions in each of which a

Deputy Magistrate be posted with authority over Police.
3. The Thanedars/Darogas should be of three grades with pay Rs.100,

Rs.75 and Rs.50 respectively.
4. Village chowkidari system should be recognised. The chowkidars

should be better paid and responsibilities of the village officers
should be clearly defined and enforced.
In view of the complicated procedure followed in courts during Mughal

period, not many cases were filed in the courts. At that time severe punishment
was awarded without properly, investigating the matter and Hindu law was not
known to British as it was out of application during over 600 years of Muslim
rule. Hindus, therefore, avoided knocking the doors of the courts. All criminal
cases were decided in the courts as per the dictates of the politicians and dacoits.
Zamindars gave refuge to the dacoits and in this way public had to suffer.
Hastings, therefore, had started apprehending the criminals and getting them
punished.372
During Mughal period, there was no police administration in Bengal.

Zamindars only engaged Pathans and other strong persons to maintain law and
order as per their volition. The villagers had to supply the major portion of the
agricultural products to the village Chowkidars. Out of this, a portion used to go to
these Pathans and the balance was for the Zamindars373. The village Chowkidars
too were a part of the dacoits. Hastings did not have any one except the army to
suppress them. He appointed area fauzdars to suppress them but was not
371
372
Ibid.
373
104
successful as neither any proof of dacoity could be obtained nor any
evidence/witness was available as everyone was afraid of them afraid of them. In
1781 Hastings removed fauzdars and appointed magistrates, who after
investigation, used to present the case in the nearest criminal court. This resulted
in the beginning of bribery in the courts. In Benaras and Lucknow, the residents
had created a mess. They did not have any specified powers but in practice, they
were the defacto rajas of their areas. To get rid of such people, Lord Comwallis
started Indian Government Service. He also increased the salary of the residents
and they had been kept under the surveillance of the spies so that they did not
harass the public. This involved extra expenditure but at the same time the bad
deeds could be 'avoided.
Comwallis desired to eliminate bribery and robbery374 through government

officials and later on the same policy was followed by Wellesly, but only some
success could be attained. Wellesely after becoming the Governor General was
keen to know the position of the policing in the country. He issued a number of
questionnaires for formulating a plan for the improvement of police in India. An
analysis of the replies showed that the system was an improvement on the past and
several gangs of criminals and dacoits had been apprehended yet the police had
not been able to bring about much improvement due to inadequate strength as well
as inadequate number of Magistrates’ courts.375 This structure of criminal courts
continued till 1831.In 1831, Lord Willian Bentinck saw these courts in a mess. He
introduced circuit courts, which also looked after the jails. 376 He also ordered
periodical review of the inmates of jails. These way arrears of criminal cases
could be reduced to some extent but the civil courts still had a lot of arrears. One
reason for reduction in criminal cases was also the improvement in police
organisation brought out by Lord Cornwallis. In 1792, he divided the districts into
Thanas, he posted a Daroga in each Thana377 and he posted Superintendents of
Police in each district. The criminal administration of the district was placed under
374
Ibid.
375
376
Devi Dyal Aggarwal, op.cit, 78.
377
J.C.Curry, The Indian Police 26-27 (Manu Publications, New Delhi, 1977).
105
the district officer. Zamindars were not allowed to maintain police. In 1808, he
posted Police Superintendents in three districts and having noticed good results in
those districts, this system was introduced in other districts too in 1827. The same
police system is continuing today too. In Bengal, this system did not suit in view
of the special position of Bengal and continuance of dacoity in that province under
the patronship of the zamindars and because police too feared those dacoits. In
1845, Lord Dalhousie saw these groups of dacoits increasing day by day therefore
he deputed some persons naked in the jungles so that the dacoits could not get
anything out of them and then caught them. Comwallis made the civil courts
accessible to all by allowing civil cases being filed there on less expenditure and
also carried out improvement in criminal cases rules and increased the number of
circuit courts too. Appeals in civil cases could also be filed in the circuit courts.
Under the circuit courts, there were several Indians working as Amins and
commissioners, subsequently replaced by Munsifs. Europeans were posted as
judges and revenue cases were taken out from them and entrusted to Collectors. In
this way the judges were left with court cases only and enabled quick disposal of
court cases. He prepared a penal code after carrying out improvement in judicial
law.378 In Bengal Zamindars did not allow smooth working of the courts.
Lord Clive introduced subsidiary system, under which the army was to be
maintained at the cost of the local rajas and nawabs. The British were able to
maintain them at the cost of the rajas/ nawabs, as they were not able to meet the
very heavy cost charged for such army and further this army could be used by the
British for fighting against any raja/nawab.379 In this way, the expenses of their
army were defrayed by the rajas/nawabs and the rajas/nawabs too had to maintain
their own army. In view of the heavy expenditure on army, nothing was left for
maintaining security men and this resulted in increase in the number of dacoities
and robberies. Lord Wellesly stopped the subsidiary system and instead residents
were posted in such territory and police was kept under them for maintaining law
378
Ibid.
379
Devi Dayal Aggarwal, CBI and Policing in India, From Vedic Period to Modern
Times 79 (Kaveri Books, New Delhi, 2000).
106
and order.380 The external affairs of these states were in the hands of British. The
expenditure on the residents and police was borne by the respective states.
Lord Willian Bentinck who was Governor General in 1828, 381 brought
about improvement in social, educational, judicial and economic condition of the
country. 382 The law and order was still not up to the mark in spite of
improvements brought about by Cornwallis and Wellesly. 383 East India Company,
hitherto a trading organisation, had now become ruler too which involved extra
expenditure to the company as the expenditure on law and order, which was so far
borne by the states, now fell on the British rulers. It was, therefore, difficult for
Bentinck to bring any improvement in this sphere. The expenditure had already
gone high now with no corresponding increase in revenues, he therefore, reduced
expenditure on army and other staff.
In provincial courts he posted responsible officers. The cases of inmates

of Jails were reviewed and the inmates, who were continuing in jails without any
reason, were released.384 The criminal courts were wound up and their work was
entrusted to District Collectors but it was not successful and, therefore, District
Magistrates were entrusted with criminal cases as well as the police. Munsifs were
posted under them for quick disposal of cases.385
In this way the investigation and disposal of criminal cases, and jails were
under one authority, the District Magistrate. Europeans had been posted as District
Magistrates so that they could not involve themselves in corrupt practices in
league with the local people and this eased the position in apprehending the
dacoits and getting them punished as so far the Zamindars were creating obstacles
in elimination of these dacoits.
As there was shortage of European officers after they had been entrusted
380
381
Sir Percival Griffiths, To Guard People, The History Of The Indian Police 52-65
(Ernest Benn, London, 1971).
382
383
Ibid.
384
Devi Dayal Aggarwal, op.cit.
385
Ibid.
107
with the disposal of criminal cases, Bentinck enhanced the jurisdiction of civil
courts and posted Indian judges in those courts but they were paid less compared
to European judges. Apprehending the criminals and processing cases against
them was more difficult than awarding punishment to them. Cornwallis had
introduced Thanedari system with Indian Darogas and sepoys to assist them and
brought it under government control. The Chowkidari system prevailing in the
villages had worn out and so after eliminating this system, a regular force was
created for this purpose386. In England, metropolitan police system was introduced
in 1829.387 Bentinck too on same basis introduced police system in big towns in
1830. This police force used to patrol the area and detect the criminals. The
expenditure of such force was borne by the residents fixed on the basis of a set
proportion. Subsequently this system was introduced in villages too, and in that
case the expenditure was borne by the villagers. This force was under the control
of the government and maintained at the expense of residents. Simultaneously, the
thanedari system also continued under government control.388
There were many cheats and dacoits during Bentinck's reign. Thugs were
professionals and were also called 'Phansidars' who used to catch the people in
isolated places and looted them after killing them. They had the patronage of
zamindars as a big portion of the loot went to zamindars. Bentinck entrusted the
job of eliminating them to Col. Sleeman by creating a department under him.
After checking up their modus operandi, these persons were caught and got
punished. 389 Apart from thugs, there were many dacoits too, they caught the
people and robbed them. They used to visit villages in nights and looted them and
went to their hiding places in jungles. Even if they were caught, nobody came
forward to give evidence against them out of fear and in this way they could not
be punished and became more ferocious on acquittal. It was, therefore, difficult to
eliminate them. Some would after dacoity, sneak into the territory of
neighbouring state from where they could not be apprehended being in other's
386
Joginder Singh, Inside Indian Police 44 (Gyan Publishing House, New Delhi,2009).
387
John S. Dempsy Linda S. Frost, An introduction to Policing 8 (Thompson Wadsworth,
C.A, U.S.A, 3rd Edition).
388
389
Ibid.
108
land.390 Outram was deputed to finish them. He got them detected and punished
and subsequently they were eliminated from other parts of India too with a heavy
hand.391
In 1808, the government introduced special and expert control over police
administration through a new chief who was to be designated as Superintendent of
Police for the divisions of Calcutta, Dacca and Murshidabad in Bengal. The
middle decades of the 19th century witnessed a greater systemisation and
institutionalisation of policing in Calcutta. Willaim Blacquire, a city magistrate in
Calcutta inaugurated a network of spies or “goendas” 392 . In 1845 a committee
under J.H Paton brought key changes in police organisation which now began to
be modelled on the London Metropolitan Police. A Commissioner of Police was
appointed with powers of a justice of peace to preserve law and order, detect
crime and apprehend offenders.393
In the city of Bombay, the system of policing had begun with the
establishment of a police out post by the Portugese in 1661. When the East India
Company acquired Bombay in the year 1669, Gerald Aungier became the
Governor of the city and is considered as the founder of city’s present police
force. He organised the Bhandari Militia with Subhedars headquatered at Mahim,
Swree and Sion394. In the year 1779, James Tod was appointed as “Lieutenant of
Police”. In March 1780, the office of the Lieutenant of Police was annulled and
office of Deputy of Police was created in its place. Subsequently, the designation
was changed to Deputy of Police and High Constable. In the year 1793, the post
of Deputy of Police and High Constable was abolished and in its place post of
Superintendent of Police was created. Mr. Simon Halliday was the first
Superintendent of Police, who continued till 1808.395
390
Supra note 188.
391
392
Dr. Dalbir Bharti, Police & People , Role and Responsibilities,14 (APH Publishing
393
Available at : http://www.kolkattapolice.org.in, (accessed on October 2, 2015).
394
Supra note 365.
395
Information available at : http/:www.mumbai police.org.in, (accessed on October 2,
2015).
109
The Governor of Council, under the provisions of the Indian Police Act of
1856(XIII of 1856) had appointed Mr.W.Crawford as the Commissioner of Police
for the “Town and Island of Bombay” on 13th October1856. He was permitted to
continue to perform his duties as Senior Magistrate of Police also. In the year
1864, the posts of Senior Magistrate of Police and Commissioner of Police were
segregated and Mr. Frank Souter took over as the independent Commissioner of
Police on 14th November 1864.396
The enquiry into the organisation and working of police in the Presidency
of Bombay began as early as 1813. A police committee was put in place that year
and its recommendations were put into operation in 1827. Under Regulation XII
of 1827, the orders of the Court of Directors became effective and the Collector,
the Mamlatdar or the Tehsildar and the Patel in civil hierarchy were authorised to
employ all the revenue servants of village on police duties. This placed criminal
justice and the police under the supervision of Saddar Fauzdari Adalat. The
Collector became the head of police administration in the district.397
In the newly conquered territory of Sind, Sir Charles Napier, in 1843 set
himself to the task of introducing police on the model of Royal Irish Constabulary.
According to it the police force was to continue under the authority of the
Collector, but in each district it was to be supervised by an officer whose sole duty
was to control and direct them.398 Napier created a separate police organisation
directed by his own officers. Direction throughout the area of Sind was in the
hands of the Inspector General of Police and in each district with the
Superintendent of Police. The latter was responsible to the Inspector General of
Police as well as the Collector. The Napier experiment in Sind impressed Sir
George Clark, the Governor of Bombay, who in 1847 decided to reorganise the
police of his Presidency on similar lines. In1848, Clarke appointed full time
European Superintendents of police in many districts. In 1853, the police in
396
Ibid.
397
398
Ibid.
110
Bombay was modelled on Napier’s lines. 399 The leading characteristic features
were (i) every district was to have a Superintendent of Police who while generally
was subordinate to the District Magistrate was to have exclusive control over the
police establishment in the district, (ii) every Tehsil was to have a native police
officer,(iii) the supreme control over the police administration of the province
which was formerly exercised by the Fauzdari Adalat was now to be transferred to
the government of the province.
In Madras, in 1816, the Superintendent of Police was taken out of the

hands of the Judges and placed under the Collectors, who had the indigenous
village police under their control. This was soon followed in other provinces. In
Madras Presidency, the process of police reorganisation commenced with the
enactment of Regulation XI of 1816 which rescinded Regulation XXXVI of 1802.
Impressed by the reforms in police administration in Sindh, the Madras
Government in 1885 appointed the Torture Commission which examined the then
existing organisation of police. 400 The Torture Commission brought into light
innumerable instances of torture inflicted on the well disposed and peaceable
people by the police which also exercised revenue powers. The Commission
recommended the separation of revenue and police functions and placing the
exclusive control of the police establishments in a district under a separate
European Officer. In December 1858, W.Robinson, Inspector General of Police,
submitted a Memorandum on the re organisation of the police system of Madras
Presidency. 401 Its main features were to make the police a distinct department
under the direct supervision, control and management of its own officers and to
divest it of judicial functions. A Chief Commissioner of Police was to be
appointed for the whole Presidency. He was to be given the powers of the
direction, discipline and internal economy of the police force in the Madras
Presidency.
399
Dr. Mrinmaya Choudhari, Languishing for Justice 106.
400
Dr. Dalbir Bharti, Police & People , Role and Responsibilities 16 (APH Publishing
401
W. Robinson, Chief Commissioner of Police,(later I.G.P), Madras to Madras
Government, No.60, 3 December 1858. Selection from the Records of the
Government papers relating to the Reforms of the Police of India,1861, pp 148- 152(
Savielle and Cranenburg,Calcutta, 1861).
111
The police establishments were to be adequately remunerated and properly
controlled. A European Deputy Commissioner of Police and a sufficient number
of subordinate officers and peons were to be appointed in each district. The
judicial duties of the Magistrate were to be separated from those relating to the
prevention and detection of crimes. The village police was to be thoroughly and
strictly localised as hitherto. Its strength was to be increased and placed under the
control of the District Superintendent of Police. The village Munsiff or Patel was
to be substituted by a Police Inspector. The function of the police inspector were
to be executive in nature. He was now to superintend the village watch. He was
also to form a vital link between the village police and the general
Constabulary.402
While the bill was under consideration the Madras Government changed
their earlier opinion especially with regard to the relations between the police and
magistracy. They instructed Member for Madras in the Legislative Council, to
seek modifications in the bill to the effect that the District Superintendent of
Police was to function entirely under the orders of the District Magistrate and that
the Chief Commissioner of Police would be known as the Inspector General of
Police.403 Further, the police force throughout the Madras Presidency was to be
made more efficient instrument at the disposal of the local magistrate for the
prevention and detection of crime.404The Draft Bill was accordingly passed as an
Act405 on the 6th of September 1859 which received the general approval of the
Secretary of the State for India. Under this act the revenue and police functions
were separated even at the tehsil level. A Superintendent of Police was appointed
to administer a separate police force in each district under the orders of the
District Magistrate but departmentally he was made responsible to the Inspector
General of Police for the whole Presidency.406
402
J.C.Madan, Indian Police, Its development upto 1905, An Historical Analysis 37 (Uppal
Publishing House, New Delhi,1980).
403
Madras Government to H. Forbes, Member to Legislative Council, No.632, 6 May1859.P
179.
404
Madras Government to H.Forbes, No.846, 20 June 1859, p.180.
405
The Madras Act (No. XXIV) of 1859.
406
The Madras Act (No. XXIV) of 1859.
112
After the annexation of Punjab in 1848, the Punjab Police was also
reorganised on the lines contemplated in the Sind plan. Two kinds of police forces
were created. One was an unorganised body of Burkandazees under the Deputy
Commissioners in the Districts and the other, regular police corps under the
control of Chief Commissioners. The latter was to be employed exclusively as jail
and treasury guards and at such other places and duties as the Army had been
employed.407
All these reforms had laid down the foundations of police organisation.
The revolt of 1857 drew the attention of the Government of India to the urgency
of police reorganisation. Hence a commission was appointed in 1860 to study
exhaustively the police needs of the government. Its main recommendations were
embodied in the Police Act of 1861.Thus by 1860, a solution had been found and
adopted in some parts of India. But the idea of having a separate professional
police force as distinct from the Magistracy developed from trial and error method
made by each individual administrator to meet the exigencies of local situation.408
Police Commission of 1860
The revolt of 1857 shook the roots of the administration of law and order
in India. The Government of India Act 1858 transferred the the governance of
British India to Queen in Parliament, it was culmination of a chapter which started
with the end of Battle of Buxar and emergence of British as a dominant force in
India.409 Now they needed a strong force in India which would be separate from
military to meet internal disturbances, hence they needed a force which would be
repressive in nature. The Court of Directors of the East India Company accepted
the need for the reorganisation of police in British India, particularly as the cost of
policing was mounting.410 Therefore the first thing it did was to appoint a Police
Commission with M.H.Court as its Chairman with the following terms of
407
408
Ibid.
409
410
J.C. Madan, Indian Police, Its Development upto 1905, an Historical Analysis 41 (Uppal
113
reference:411
1) To ascertain the numbers and the costs of the police and quasi police of every
description at present serving in each province throughout the British territories in
India, who are paid by the government from the general revenue,
2) To suggest to the government any measure whereby expenditure may be

economised or efficiency increased of the existing police force. The Police
Commission brought forth its report and its recommendations had a far reaching
impact. The Commission inter alia recommended the following:412
i. Abolition of Military Police as a separate organisation, which in

the Commission’s view was neither necessary nor desirable.
ii. The constitution of a single homogenous police force of civil
constabulary for the performance of all police duties, the general
superintendence of which was to be vested in the respective State
Governments.
iii. Police was to be organised on provincial basis with an Inspector
General of Police in charge of the general police district on the
pattern of Royal Irish Constabulary.
iv. A district based police system in which each of the district
establishments was to be headed by the Superintendence of Police
who was to function under the general control and supervision of
the District Magistrate.
v. Two senior police functionaries- the IGP and the SP who have
been the citizens of European origin.
vi. The Commissioners of Divisions were not to wield additional
police powers
vii. A subordinate police force was to consist of Inspectors, Head

Constables, Sergeants and Constables.
411
Delhi, 2002).
412
Ibid.
114
viii. The continuance of DM’s supervision on the district police
organization and not beyond it.
ix. The abolition of military police
x. The Commission recommended retention of village police through
it labeled it to be both inefficient and corrupt.
The major recommendations of the Commission were incorporated into a

Bill which was passed into Law as Act V of 1861. The Police Act of 1861 was
adopted in all the provinces except the Bombay Presidency where Regulation XII
of 1827 continued to govern the Police till1885 when an Inspector General of the
Police was appointed.413The basic structure of police as it exists today is based on
the Police Act of 1861.414
Police Commission of 1902-1903
This was another significant step taken by the British to strengthen the
police system in India as the preceding Commission of 1860 and the subsequent
enactment of the Police Act of 1861 on the basis of its recommendations was
found to be deficient. As corruption and inefficiency were rampant in the police
force and the force was untrained and ill equipped for the job and the gap between
the police and people widened as the police were identified as the symbol of
oppression 415. In order to stream line the structure and to reform the police Lord
Curzon in 1902 the then Governor General in Council with the approval of the
Secretary of the State for India appointed a second all India Police Commission
headed by Sir H.L Fraser, Chief Commissioner of the Central Provinces. 416 It
observed:
“The Police is far from efficient; it is defective in training and

organization; it is generally regarded as corrupt and oppressive; and it has
utterly failed to secure the confidence and cordial co operation of the
413
Dr.Dalbir Bharti, Police & People, Role and Responsibilities 20 (APH Publishing
414
Delhi,2002).
415
Ibid.
416
Taken from the Report of the Indian Police Commission 1902 as compiled by National
Crime Records Bureau, Ministry of Home Affairs India, 1997, Part II at 2.
115
people.” 417
The terms of reference of the commission were418:
Whether the organisation, training, strength, and pay of the different ranks
of the district police, both superior and subordinate were adequate to
secure the preservation of public peace;
Whether the existing arrangements ensure that the crime is duly reported;
Whether the system of investigation of offences is capable of

improvements;
Whether the form of statistical returns is satisfactory or capable of

improvement;
Whether the existing organisation of the Railway Police, its operations

and its connection with the district police are satisfactory.
Some of the major recommendations of the Commission are as under:419
i. A criminal investigation department was to be established in each

province with a Deputy Inspector General of Police as its
administrative head to control and supervise its organisation and
working.
ii. The province as a unit of administration was to be divided into
several ranges and each such range was to be controlled by a
Deputy Inspector General of Police to be appointed to assist him.
iii. The office of Superintendent of Police of the district was to be
strengthened. A Deputy Superintendent of Police was to be
appointed to assist him.
iv. A separate and independent police organisation to be known as
Railway Police was also to be constituted on the basis of the
existing jurisdiction of the provinces.
417
The Police Act, 1861(Act No.5 of 1861).
418
419
Corporation, New , Delhi,2006).
116
v. The Divisional Commissioner was no more to interfere directly in
the day to day affairs and working of the police administration.
vi. A cadre of sub inspectors was to be raised for the first time in India
and they were henceforth to be distinguished from their
counterparts, namely the Darogas, the Thanedars and the Kotwals.
vii. An armed police force was to be constituted at the headquarters of
each district to serve as a reserve police force to handle emergent
situations and other special kinds of police jobs of an adhoc nature.
viii. The institution of village head man was to continue. He was to
perform the rural police duties through the deployment of village
watchman, who in turn were not the members of regular police
force of the State.
The Presidency towns of Calcutta, Bombay and Madras were not only the
seats of power but also the places, where largest European population in India
resided. Hence the policing of three Presidency towns was developed on a
different footing compared to the policing of the district towns and country side as
in Calcutta. Accordingly420:
1. Thanedari Police was introduced dividing town in forty thanas each

incharge of a thanedar.
2. Boundary Police were located at twenty-two thanas forming a chain of

posts around the towns, each under a jamadar, a naib with 8-16
burkundazes.
3. River Police was formed consisting of a sircar, eighteen peons and

nineteen boatmen.
4. Town guards introduced, which were initially composed entirely of sepoys

but burkundazes were added later. The force was under town Major and
four Sergeants.
420
117
5. There was a special guard called 'Uperpusti' or grand rounds consisting of
one jamadar, nine naiks and seventy three guards.
The main recommendations of the Commission were adopted. The police

system modified and improved on the basis of recommendations of the Police
Commission of 1902-1903 continued when the British left the country. 421 The
Government of India passed orders on the Commission’s report on March 21,
1905.
The concept of the police role and performance underwent a significant

change on January 26, 1950. Now as guaranteed by the Constitution of India the
Police has to secure to every individual citizen a natural and effortless sense of
freedom and security, irrespective of his faith or political persuasion for without it
the process of national integration can never be achieved.422
Conclusion
For safeguarding the person and property of the people and maintaining order in
the society, the state was created and the King as the head of the State established
a law enforcing agency. During various phases of history this agency developed in
structure and functioning. The concept of the rule of law and the administration of
justice has been known to exist in India ever since the Vedas came to be
recognized as the very epitome of dharma. The Rig Veda makes a specific
mention of thieves and (taya or satayas) and robbers (taskars). This concept of
crime was further developed by Manu, he classified crimes under eighteen heads.
These included assault, defamation, theft, robbery, adultery, violence, gambling
and betting etc.
There are various references in Ramayana and Mahabharata which give a glimpse
of existence of policing system. In Arthasastra of Kautilya, there is a detailed and
fascinating description of the use of spies in the criminal administration. Between
the days of Mauryas and their immediate successors and the Mohamedan
421
Dr. Dalbir Bharti, Police & People, Role and Responsibilities18 (APH Publishing
422
Dr Deepa Singh, Human Rights and Police Predicament 67 (The Bright Law House,
Delhi, 2002).
118
invasions, we get a little information of police in India. Following the break-
up of the Hindu empire, the Afghan and Mughal rulers, who followed in quick
succession, introduced their own concepts of police administration in India. On
the existing structure of local responsibility for policing, the conquerors from the
north introduced Arabic feudalistic institution of the Faujdar and the Kotwal. With
the advent of Babar and the surrender of the last Lodi ruler the administration or
order began to take shape on the Indian soil. The Mughal rulers, especially the
later Mughals, were deeply concerned with the problem of internal security of the
empire and did everything possible to improve upon the legacies of Sultanat
period. Sher Shah, for instance, introduced epoch-making reforms in the revenue
and police administration by streamlining the ‘Zamindari System’. The reforms
continued during Mughal regime. During Akbar’s period the head of the
provincial government was called a Subedar or Nazim, who had a number of
Fauzdars under him to administer the sub-divisions
After the death of Akbar in 1605, authority gradually passed on to the local
Jagirdars. The rural police system is as old as recorded Indian history and has
continued unchanged by the tides of conquest, consolidation, and anarchy that
have swept over India in the past millennia.
The agencies that performed policing functions before the advent of the
British rule in India could hardly be expected to be democratic and service-
oriented in nature. Feudal society could scarcely have survived without instilling a
fear of authority in the minds of people. Besides, due to the undifferentiated
nature of administration the line dividing the police and the army was blurred.
When the British came in India in 1609 with purely commercial interests,
little had they realized that they would be ruling this country. Their commercial
interests involved them in local politics which finally, resulted in the colonization
of India by Great Britain. The consolidation of the British position in India laid
the foundation of the present-day police force. The need for the policing agency
was felt first in 1792. The much needed reform of organizing a separate police
force under a District Magistrate in Bengal was initiated by Lord Cornwallis in
1792 when he introduced a uniform pattern for the first time and abolished the
119
Zamindari and Thanedary systems. These arrangements did not make a major
departure from the system already existing and it did not succeed hence it was
abolished in 1814. The Company retained the traditional policing system. In the
year 1832 a Select Committee of the British Parliament advised the strengthening
of the office of the SP in view of the fact that Collectors and Commissioners were
too busy to supervise police work which the company officials deliberately paid
no heed to for their vested interests. In 1843, the company annexed Sindh to its
permanent possessions as a part of Bombay Presidency and the policing system
established in Sindh was successful and therefore its broad framework was used to
reorganize police administration in other parts of India too.
The fact that he need for a separate policing agency was felt after the
Mutiny of 1857 speaks of the nature of the police in British India. The
Government of India Act (1858), which transferred the governance of British
India to Queen-in-Parliament, was the culmination of the British as a dominant
force in India. Now they needed a strong force, separate from the military, to meet
internal disturbances. Thus, the foundation was laid for a strong, repressive police
force in India.
The British set up the first Police Commission in 1860 and enacted the
Police Act of 1861 incorporating most of its recommendations. Thus the Police
Act 1861, passed by the British Parliament, created the present police system in
India. The nature of the police force to be designed became very clear when the
members of the Police Commission appointed in 1860 were told to bear in mind
that the functions of a police are either protective or repressive. The Police force
as well as the entire criminal justice system was designed to preserve and
perpetuate the colonial structure created by the British. The British would not
have liked 1857 to be repeated. They, therefore, armed themselves carefully with
various enactments and a strong police force.
The British had carefully designed a police force, which was repressive in
nature, not only that, they carefully assigned an oppressive role to the police. It
served them well, so they neither tried to bring any reform, nor to improve the
image of the police. As the nationalist movement gained momentum, the police
120
were used increasingly to suppress their own countrymen. They had to wield
lathis and use fire arms against their compatriots to protect an alien rule. The gap
between the police and the people widened, as the police was identified as a
symbol of oppression in the hands of alien people. Towards the close of the
movement, the distrust and fear of the police turned into hostility.
The Government of India set-up another police commission in 1902 as the

organizational changes made after the report of the earlier commission of 1860
had not produced satisfactory and expected results. The Government of India
passed orders keeping in view the recommendations of the commission and
brought about changes in the police system on the Commission’s report on March,
21, 1905. The police system modified and improved on the basis of
recommendations of the Police Commission of 1902-03 continued when the
British left India on 15 August 1947.
On independence in 1947, India inherited a well defined police system

mainly developed during the British rule. The situation changed after the
Constitution of India came into force on 26 January 1950 as protection of the
fundamental rights became one of the most important functions of the police. In
order to bring about improvement in the police system many States appointed
State Police Commissions enacted State Police Acts and compiled State Police
Manuals. However the police system in India continues to be based on the Police
Act of 1861 and the recommendations of the Police Commission of 1902.
Thus the police as is today has its roots in the foundation of state and
through various phases of history it has evolved to its present status which is
fundamental in running the affairs of a state.
121
122

Chapter-2 Evolution of Police: A Historical Perspective

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Chapter-2 Evolution of Police: A Historical Perspective

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CHAPTER-2

EVOLUTION OF POLICE : A HISTORICAL PERSPECTIVE

The Police as it is today represent the civil power of the government as

In ancient Greece, publicly owned slaves were used by magistrates as

As a result of the formation of new police force, the patchwork of private

Police in Ancient India

Manu recommended that police stations or police pickets should be

The Valmiki Rmayana furnishes glimpses of policemen on patrol and

Material about Krishna period is available in Srimad Bhagwat, apart from

 Krishna also sent Akroor as his spy to check the behaviour of

According to Chanakya, the success of a king mostly depended upon his

3. Grihapatitha (House holders): These were intelligent, honest spies living

9. Parivarajika or Bhiksuki (Wandering Nuns): They were poor, matured, old

Kautilaya also recommended the employment of spies under the guise of

In addition, the traders working in forts, at the international boundaries,

1. The raja is known as very capable but nothing outstanding is noticed in

There were government employees for each department. 215 Kautilya in

These officers are: Mantrin, Purohita, Senapati, Yuvaraja, Dauvarika,

India under Ashoka witnessed an intensive paternal spirit of

The Mahamatras were the highest executive officers in the provinces

After Ashoka there was a period of foreign invasions and internal

There is influence of political thinkers or Arthechintaks on the Indo

During the period of imperial Gupta the administrative institutions attained

The Gopika was also authorised to award punishment to anyone found

During Gupta period besides the continuance of combined police military

In Gupta period the administration of cities devolved upon the officer

Balban ruled because of the net of spies and strict punishment to

Ala-ud-din had to keep a 'big army so as to quell the rebellions. With a

Sher Shah was a capable war strategist. He introduced epoch making

a. Guarding of the highways and arresting of robber’s gangs.

Daroga-e-Dakchowkies, introduced by Sher Shah was retained. Horsemen

After Akbar, Jahangir, Shahjahan, and Aurangzeb became the rulers of

He renamed the Supervisors as Collectors and gave them all the

Cornwallis, who succeeded Hastings as Governor General, is the innovator

He introduced drastic reforms in 1792 when he introduced a uniform

1. The Police in the country is in future to be considered under exclusive

1. Collectors should cease to exercise magisterial functions.

2. Districts should be divided into sub-divisions in each of which a

3. The Thanedars/Darogas should be of three grades with pay Rs.100,

4. Village chowkidari system should be recognised. The chowkidars

In view of the complicated procedure followed in courts during Mughal

During Mughal period, there was no police administration in Bengal.

Comwallis desired to eliminate bribery and robbery374 through government

In provincial courts he posted responsible officers. The cases of inmates

In Madras, in 1816, the Superintendent of Police was taken out of the

Police Commission of 1860

2) To suggest to the government any measure whereby expenditure may be

i. Abolition of Military Police as a separate organisation, which in

vii. A subordinate police force was to consist of Inspectors, Head

The major recommendations of the Commission were incorporated into a

Police Commission of 1902-1903

“The Police is far from efficient; it is defective in training and

The terms of reference of the commission were418:

Whether the system of investigation of offences is capable of

Whether the form of statistical returns is satisfactory or capable of

Whether the existing organisation of the Railway Police, its operations

Some of the major recommendations of the Commission are as under:419

i. A criminal investigation department was to be established in each

1. Thanedari Police was introduced dividing town in forty thanas each

2. Boundary Police were located at twenty-two thanas forming a chain of

3. River Police was formed consisting of a sircar, eighteen peons and

4. Town guards introduced, which were initially composed entirely of sepoys

The main recommendations of the Commission were adopted. The police