154TH LAW COMMISSION REPORT: ESTABLISHMENT OF SEPARATE INVESTIGATION AGENCY

“In safeguarding our freedoms, the police play a vital role.

Society for its defence needs a well-led, well-trained and well-
disciplined force of police whom it can trust: and enough of them
to be able to prevent crime before it happens, or if it does happen,
to detect it and bring the accused to justice.”
-LORD
DENNING
INTRODUCTION
The law commission has undertaken an intensive study of the code with a view to abolish the
problems and bottlenecks leading to delay in the disposal of criminal cases as well as other
remedial measures. One such suggestion given by commission is establishment of separated
investigating police and law and order police for speedy Justice. States must create a separate
investigation cadre. Separate prosecution cadre is also required. A separate wing of
investigation should be there with clear rules and accountable only to rule of law. This was
stated by the Union Home Minister Sh. P. Chidambaram at the Consultative Committee
meeting of the Ministry of Home Affairs which discussed the topic: Investigation,
Prosecution & Trial – the need for revamping.1
From time to time many bodies come forth and gave their suggestion on reforms of the
Criminal Justice system. Under the Chairmanship of Justice Malimath (Former Justice of
Karnataka and Kerala High Courts) consider the situation and gave several suggestion on
various aspect of Criminal Justice system including investigation, prosecution and trial
procedure.2 Law commission of India also reviewed the Code of Criminal Procedure, 1973 in
its 154th Report. Members highlighted that the common man suffers as the manner in which
police investigation is conducted is of critical importance to the functioning of the criminal
justice system.
This research paper highlights two main points which revolves around the transformation of
Indian Police System. First, whether bifurcation of Indian Police into two separated wings i.e.
investigation wing which solely responsible for investigation of crime and a separate agency
for maintaining law and order are necessary. Second, how successfully Indian state are
capable of bringing change in Indian police?
POLICE AGENCY IN INDIA

Police in Indian being powerful organ Help in achieving common welfare goals by
implementing constitutional vales for securing economic, political and social values.
According to the data compiled by National Crime Records Bureau (NCRB), in its
Publication relating to the year 2010, over 1.78 crore cognizable criminal cases, including
cases registered under IPC and special/local laws, were pending for trial at the beginning of
2010 in various criminal courts.3 This data clearly says that there is a increment in crime rate

1
Press Information Bureau, Ministry of Home Affairs, Government of India (28, February,2012).
2
Committee on Reforms of Criminal Justice System, Ministry of Home Affairs, Report Volume I(March 2003).
3
Table 4.9, Crimes in India, 2010 Statistics, published by National Crime Records Bureau, Ministry of Home
Affairs, Government of India.
and increment in fear among general public. Increment in the crime rate puts the police
authority behind bar as it shows inability of police officers to prevent crime and also police
plays a vital role in investigating procedure. Duty of police officer is to extensive
investigation in cognisable and non- cognizable offences but it became ineffective due to lack
of specialization and technology restrain. In the recent judgement of Supreme Court,
emphasized on the role of the police in the investigation stages – “One of the responsibilities
of the police is protection of life, liberty and property of citizens. The investigation of
offences is one of the important duties the police have to perform. The aim of investigation is
ultimately to search for truth and bring the offender to book.”4 Investigation is the most
important part of any trial by considering its importance separation of the investigating wing
from law and order is necessary to maintain the efficiency of criminal justice system. Further,
in its Fifth Report on Public Order, the Second Administrative Reforms Commission has
observed: “The perception of an average citizen is that the police is essentially a crime
prevention and investigative agency.”5
Criminal investigations simply means a lawful search for people and objects which will lead
to solving a crime and the evidence so collected can be used to reconstruct the circumstances
of an unlawful act/omission and the accompanying mental state.6 According to Cr.P.C
Investigation defines under Section 2 (h) which states that –
“Investigation” includes all the proceedings under this Code for the
collection of evidence conducted by a police officer or by any person
(other than a Magistrate) who is authorized by a Magistrate in this
behalf”7
The investigation begins with unknown facts and evidences help in discovering of fact.
Currently procedure for investigation define under section 157-173 of Cr.P.C. Efficient and
effective criminal investigations increase the probability of apprehension and conviction of
offenders.8 The police have been given the task of presenting evidence before the court
without proper or sufficient evidence charges cannot be framed against specific person. 9 Now
a days criminals has become more advance in terms of intelligence as well as technology. To
deal with mindful criminal, we not only need expertise and experience investigating officer
but also police should be well trained with recent technology. Criminal investigations with all
its modern methods can, at times, still be more an art than a science and is learned by
experience.10This comes through specialization and consistency at work without any political
interference at any level.

4
Manohar Lal Sharma v. Principal Secy., (2014) 2 SCC 532 at page 556
5
Second Administrative Reforms Commission (2005), Fifth Report on Public Order, p. 66
6
Richard Leofric Jackson, Criminal Investigations, A Practical Textbook for Magistrates, Police Officers and
Lawyer.Third Indian Reprint 2008
7
Code for Criminal Procedure, 1973
8
Becker, Ronald F. Becker, Aric W. Dutelle, Criminal Investigation, Jones & Bartlett Publishers.
9
Philips, Sir Curil: The Royal Commission on Criminal Procedure: REPORT, Her Majesty’s Stationery Office,
London, 1981, page-16.
10
Krishna S.S. “Qualities of Investigator”, AN INTRODUCTION OF MODERN CRIMINAL
INVESTIGATION, Springfield, Illinois, U.S.A., Page 6.
Some of the reasons for poor quality of investigations have been laid down in The
Expeditious Investigation and Trial of Criminal Cases against Influential Public
Personalities Report Submitted in March 2012 which is as follows:11
1. Lack of awareness and failure to upgrade skills of investigating officers.
2. Priority is not given to the investigating procedure instead of it given to unimportant
duties like security of big politician etc.
3. Police being crippled in undertaking investigation for want of latest technology
instruments.
4. Submission of incomplete final report to the magistrate due to lack of timing for
carrying out investigation.
Therefore, it is important to bifurcate the investigation agency and law and order agency.
That the investigating officer can solely focus on investigation and being not responsible for
maintaining of public order.
IMPORTANCE OF SEPARATE POLICE AGENCY FROM INTERNATIONAL PERSPECTIVE
In the most of the developed countries there is separate wing for investigation and separate
wing for law and order police. In America itself, the Federal Bureau of Investigation is an
independent body for solving the crimes related to terrorism, human trafficking and drug
trade. The advantage of having separate wings is that it increases specialization, efficiency
and accountability of the police system. America has duel system and each state is free to
adopt any system they want to adopt. In decentralized system, each precinct in a city has its
own local detective squad, which investigates all crimes occurring in the precinct and the
detectives or investigators in a decentralized squad are considered as generalists. 12 Whereas,
in a centralized system, in contrast, all detectives operate out of one central office or
headquarters and are each responsible for particular types of crime in the entire city. 13 In the
countries like India where crime like Rape, Murder is increasing bifurcation is required as it
maintain accountability throughout the police system and specialized wing for investigation
would secure conviction of violators of law.
New York Police Department (NYPD) has created a Unit forms part of the NYPD Detective
Bureau’s Forensic Investigation Division and this unit is solely responsible for forensic
investigation in relation to crimes of sexual assaults, homicides and any other crimes. 14 In this
department special investigators are recruited for processing at crime scenes, evidence
collection and equipped with requirements.15 Cities like Mumbai, Delhi started being big
cities it is the high time that they should have separate investigating agencies so that judiciary
is not overburdened with cases that lack proper investigation agency and because of this
reason justice is being denied to the victims.

11
GOVERNMENT OF INDIA, LAW COMMISSION OF INDIA Expeditious Investigation and Trial of
Criminal Cases Against Influential Public Personalities Report No.239 Submitted to the Supreme Court of India
in W P (C) NO. 341/2004, Virender Kumar Ohri Vs. Union of India & Others MARCH 2012
12
Edward R. Maguire, Organizational Structure in American Police Agencies: Context, Complexity, and
Control, Sunny Press Publication,Pg-42.
13
Ibid.
14
Michael D. White, Ph.D., The New York City Police Department, its Crime-Control Strategies and
Organizational Changes. 1970-2009, http://www.jjay.cuny.edu/white.pdf
15
Peter K. Manning, The Technology of Policing: Crime Mapping, Information Technology, and the
Rationality of Crime Control. NYU Press.
In the small town also like Seattle, the Seattle Police Department follows a centralized system
where the investigation wing is divided as per the type of crime. 16 There is a coordination
between both the wings i.e. wing for patrolling and exclusive wing for investigation. The
officers are well equipped with modern methods of collecting evidence and solving complex
scenarios in cases of homicide, sexual offences and robberies. 17 This city also enjoys the
advantage of separate wings and ultimately succeeds in speedy disposal of case. In India
cities like Chennai, Hyderabad and Kochin can adopt this type of agency separation for
speedy justice.
By Analysing above two form of police structure in two different places several points of
advantages has been drawn from that:-
 Assurance of proper collection of evidence and timely report of crime.
 Making sure that evidence reaches to the District attorney for fair and speedy trial.
 Officer became fully dedicated and concentrated towards his work.
ADVANTAGES OF SEPARATE INVESTIGATING AGENCY
1. TO ENSURE INVESTIGATION SHOULD BE DONE IN CONFORMITY WITH LAW
It is accepted fact that judiciary and police will work in hand in hand in order to
secure conviction of actual offender. The police have work to conduction
investigation, collect evidence and produce it before the law and base on that evidence
judiciary conduct its trial. If there is ignorance of relevant fact in trail then I will lead
to a social repercussion as it put innocent behind the bars and set actual accused free.
Therefore the investigation wing within the police needs to be protected by the
umbrella of the judiciary leading to a proper investigation without any external
distractions. Supreme court in its recent judgement said that:-
“The monitoring of investigations/inquiries by the Court is intended to
ensure that proper progress takes place without directing or
channelling the mode or manner of investigation. The whole idea is to
retain public confidence in the impartial inquiry/investigation into the
alleged crime; that inquiry/investigation into every accusation is made
on a reason basis irrespective of the position and status of that person
and the inquiry/investigation is taken to the logical conclusion in
accordance with law.”18
Therefore it is important to observe that it is necessary to have judicial protection to
investigating wings but not judicial interference. It has several benefits like independent
investigation and provide a sense to security to its citizen which lead to strengthen the ties
between police and public. Magistrate will interfere in only exceptional condition where he
feels like police is not acting with bona fide intentions which hamper the rights of victim.19
2. EFFICIENT AND SPEEDY DISPOSAL OF TRIAL
Investigating agency has more autonomy and freedom when there is a separate
agency. There accountability increased in a way as police working for a particular

16
Moody, Dick (November 15, 1953). "Berry-Patch Patrol Was First Police Job". The Seattle Times. p. 4.
17
Ibid.
18
Manohar Lal Sharma v. Principal Secy., (2014) 2 SCC 532 at page 556
19
Supra note 16.
 case under investigating wing being solely responsible towards judiciary for
conclusive evidence. Police officer will be relaxed from other political duties like
maintaining law and order in rallies, duty during election time, security of VIP’s,
patrolling, duty during curfew time etc. separation of investigating team would lead to
professionalism and specialisation of investigating officers and as a result speedy
justice is delivered. Proper coordination among wing will lead progress in required
direction.
3. INVESTIGATING AGENCY RELEASED FROM PERFORMING LAW AND ORDER
Delhi, it is the hub for social, cultural and political uprising as it is the national capital
of India and the seat for national government. Police play a vital role in keeping the
city in proper function. In 2010, the Delhi Police had to handle as many as 1124
demonstrations, 224 processions, 1208 dharnas, 294 meetings, 91 strikes and 152
rallies in different parts of the city till 15th December and this has led to deployment
by diverting policemen from investigation duties. 20 Police will always be under
constant pressure to maintain balance between peace and individual liberty.
Also Delhi being centre of all political activity, Delhi police handled 99 functions of
the President, 150 functions of the Vice President, 187 functions of the Prime
Minister, 107 functions of United Progressive Alliance (UPA) chairperson, 288
functions of foreign heads of state and 380 functions of distinguished Foreigners till
15 December.21 Deployment of police force in case of a law and order Maintenance
result in removal of officers engaged in investigating crimes. As a consequences
investigation suffers only.
4. ESTABLISHMENT OF MODERN TECHNOLOGY AND GOOD RAPPORT WITH PUBLIC
With the advancement of technology criminal has started using more unique way to
commit crime therefore to catch them and produce evidence it is the basic
requirement of the investigating agency police officer to be specialised in modern
technology like computer, photography etc. In the 154th Law Commission Report on
Cr.P.C, new technology, new methods of interrogation technology, new observation
gadgets and highly sophisticated search equipment etc. are all essential tools for an
effective investigation.22 In the 14th Report of the Law Commission emphasize has
been laid upon training and specialization of investigation officers. 23 Apart from
upgrading technology government need to provide regular training, centres for
research and development is required for quality of investigation.
A good investigation officer should be competent in fields of psychology and
sociology in order to address his witnesses, victims, suspects and accused persons
with confidence and comfort.24 The rapport with public is necessary for investigating
agency as it help in bringing out truth from various sources. The scorned image of the
police in the eyes of the public will undergo a transformation and help us in
progressing towards community policing where the community and police go hand in
hand helping each other and securing common interests of the society at large.25

20
O.P.Mishra, Policing Delhi- Urbanization, Crime, And Law Enforcement, Oxford Publication p- xviii.
21
14th Report of the Law Commission, para 27.7, p.3.
22
Law Commission of India 154th Report on The Code of Criminal Procedure, 1973. Vol-1, Pg-6.
23
Supra note 21.
24
Criminal Investigation, Becker, Ronald F. Becker, Aric W. Dutelle, Jones & Bartlett Publishers,Page 19.
25
Policing- Reinvention Strategies in a Marketing Framework, Rohit Choudhary,Sage Publications,Page 178.
 Current situation of India demand bifurcation of investigating agency and law and
order. As police is overburden with so many functions as they lost their efficiency.
Therefore, it is necessary to critically analysis the benefit of creating separate
agencies.
STATES BEEN INCORPORATING THE CHANGE IN THE INDIAN POLICE
There has been pragmatic shift in the role of the police system in today’s world. Society sees
police as a agent who help them in getting justice by the way of proper investigation.
Therefore, the law commission of India, in its 14 th report (1958) made following suggestions
to improve the quality of investigations:
“We think on the whole that there is great force in the suggestion that,
as far as practicable, the investigation agency should be distinct from
the police staff assigned to the enforcement of law and order. We do
not, however, suggest absolute separation between the two branches.
….. We think, however, that the exclusive attention of the investigating
officer is essential to the conduct of an efficient investigation and the
adoption of such a separation will ensure undivided attention to the
detection of crime.”26
Further, The West Bengal Police Commission (1960-61) , The Punjab Police
Commission (1961-62), The Bihar Police Commission (1961) and The
Maharashtra Police Commission (1964) laid emphasize on beginning the process
of bifurcating the police from the big cities and slowly moving towards smaller
towns. Also the commissions clarified that the two types of wings within the
police department could not function in water tight compartments and
coordination was necessary between the two.27
In an early experimental attempt, on the recommendation of the Police
Reorganization Committee, 7 large cities of state of Uttar Pradesh were given a
separate investigation wing.28Unfortunately, the plan was dropped as it did not
function satisfactorily. Though the first U.P. Police Commission of 1960-61 felt
that the experiment was not given a fair trial, The Police Commission of Uttar
Pradesh (1971-72) felt that preventive and investigative functions were closely
interrelated and real separation between the two was desirable as it would deprive
both of their effectiveness.29 There may be many reasons for the failure of such
mechanism. It can be because of political interference in the work of police.
Another reason can be India being a developing country does not have financial
independence and state could not afford spending so much on police because
more wings need more financial flexibility.
In the next three decades of independence similar experiments were carried out in
other States, like Tamil Nadu, Kerala, Karnataka, Punjab etc. The Bureau of
Police research and development, Ministry of Home Affairs, Government of India
26
Law Commission of India, 14th Report 1958. Volume-1
http://lawcommissionofindia.nic.in/150/Report14Vol1.pdf
27
Government of West Bengal, Report of the West Bengal Police Commission, Calcutta 1960-61. Page-16.
28
http://www.humanrightsinitiative.org/programs/aj/police/india/initiatives/submission_ribeiro.pdf Page- 19.
29
Ibid.
in 1981 carried out a study on the results of such experiments and concluded that
the bifurcation was not feasible at police station level due to the following
reasons: shortage of staff, lack of co-operation between both the departments, lack
of resources for investigation agency etc.30
Scenario changed after 1996 after involvement of the Supreme Court in enforcing
recommendations of the National Police Commission after two former Director
General’s of Police (DGPs) in 1996 filed a Public Interest Litigation famously
known as the Prakash Singh Case.31 The case concluded in 2006 by formulating 7
binding guidelines for all states to adopt with immediate effect and the states had
been given the discretion to adopt these guidelines through executive orders or
through state legislation.32 One of the directions included separation of
investigation wing for improving efficiency and quality of the investigations.

CONCLUSION
This research paper focused on incorporating significant change in existing police
organisation. India followed colonial pattern of police system. Indian legal system has gone
through so many changes but some of its areas still remain obsolete and redundant on such
example of this system is one police agency for all work. Western world has transformed
Indian ideology but the idea of colonial system of having uniform policing doesn’t suite
Indian society. The need for the separate policing is realized after independence but till date
our government failed to fulfil the demand of separate policing even not through state
machinery. Supreme Court has played an active role in implementing separation of
investigation agency, now it should be the prerogative of the states to implement these.
International perspective should be considered which implementing ideology of separating of
Indian Police which help us to learn from their mistakes, so that we have better structure to
implement.
To act as an effective crime controlling instrument the police must be organized into an alert,
combat force, capable of handling routing assignments as well as emergencies effectively,
efficiently and adequately and diligently.33 Importance of investigation stage during trial
cannot be undermine, so as importance of maintain law and order cannot ignored. Both are
very important activity to make society working properly. To keep faith of Indians intact in
government, judiciary and police, it is the high time to bifurcate investigating and law and
order wing.

30
Bureau of Police Research and Development: "A review of the System of Functional Division of Work in the
Sample Police Stations of Tamil Nadu, Karnataka and Punjab," 1981, pp43-47.
31
(2006) 8 SCC 1.
32
Aishwarya Padmanabhan & dagger, Prakash Singh v. Union of India An analysis of Police Reforms(2011) PL
May S-12
33
Gene L. Scaramella, Steven M. Cox, William P. McCamey, Introduction to Policing. Sage Publications.