PREVENTIVE ACTION OF THE POLICE

Preventive actions of police.

A PROJECT PROPOSAL MADE BY

NAME: BHARGAVI MISHRA

ROLL NO: 1524

CLASS: B.A. LLB(HONS.)

SUBMITTED TO: (DR.) FATHER PETER LADIS

A Research proposal made in partial fulfillment of the course Criminal Law-II during the
academic session 2017-2018, Semester IV.

MARCH 2018

CHANAKYA NATIONAL LAW UNIVERSITY, NYAYA NAGAR, MITHAPUR, PATNA

BIHAR, 800001

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INTRODUCTION

Criminal jurisprudence is as much concerned with the prevention of offences, as it is with the
trial and punishment of the wrong-doer. Therefore, Chapter XI of the Act contains certain
provisions regarding preventive action to be taken by the Police in certain circumstances. S. 149
empowers every Police Officer to interpose for the purpose of preventing the commission of any
cognizable offence to the best of his ability. It may be noted that this section provides for
prevention of cognizable offences only. Wider powers for the prevention of offences in general
are to be found in S. 23 of the Police Act, 1861.

Moreover, under S. 150, every Police Officer receiving any information of any design to commit
any cognizable offence must communicate such information to his superior Police Officer. So
also, any Police Officer, knowing of a design to commit any cognizable offence, may arrest,
without any order from the Magistrate and without a warrant, the person about to commit the
offence, if it appears to such Officer that he cannot otherwise prevent the commission of the
offence.

However, such a person cannot be detained in custody for more than twenty-four hours from the
time of his arrest, unless his further detention is required or authorised under the Code or under
any other law. (S. 151). It has been held that if a person is arrested under this section, and is
thereafter detained under any other preventive measure, as for instance, the Defence of India
Rules, the order of detention would be illegal. (Prem Lai Sharma,—1966 13 L.J.R. 395).

The authority of a Police Officer under S. 151 is only a limited and exceptional power to prevent
the commission of a cognizable offence; the power is, in no sense, analogous to the power of
preventive detention. Under this section, a Police Officer has no power to keep a person under
arrest in anticipation of a contemplated order of detention.It has also been held that if a Police
Officer arrests a person because he belongs to a particular political party, as for instance the
Communist Party, and that party has a programme to commit some offences in general, it would
be an abuse of the powers granted by S. 151. (Prahlad Panda,—51 Cr. L.J. 891).

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It will be seen that the section envisages the subjective satisfaction of the Police Officer
concerned. Therefore, in a habeas corpus petition, it is not open to the High Court to go into the
question as to whether the Police Officer was justified in coming to his conclusion. Nevertheless,
in appropriate cases, the High Court can go into the question of proper exercise of that discretion.
(A.K. Gopalan, —1962 Ker. 215)1. Similarly, a Police Officer may, of his own authority
interpose to prevent any injury attempted to be committed in his view to any public property, or
the removal or injury of any public land-mark or buoy or any other mark used for navigation.
The expression public property includes public roads, buildings, lamp-posts, landmarks and
milestones.

Similarly, any officer in charge of a Police Station may, without a warrant, enter any place
within the limits of that Police Station, for the purpose of inspecting or searching for any weight
or measures or weighing instruments if he has reason to believe that such place contains any
false weights, measures or weighing instruments. If any such false weights, measures or
instruments are found, the Officer may seize the same, and forthwith give information of such
seizure to a Magistrate having jurisdiction.

1
AIR 1950 SC 27.

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AIMS AND OBJECTTIVES OF THE STUDY

AIM

This project aims to develop an idea behind the law empowering the police to prevent the
offences, breach of peace and maintain the public order under the chapter XI of Criminal
procedure code, 1973 which has widen the ambit of certain powers given, purpose fulfilled,
actions recognized and to know impact of certain preventive clauses of police in India.

OBJECTIVES

1. To critically analyse the provisions regarding the preventive actions of Police.

2. To analyse effect of power used by the police under chapter XI of the Criminal Procedure
Code, 1973.
3. To critically analyse the need and reasoning behind grant of power under chapter XI of the
Criminal Procedure Code, 1973.

HYPOTHESIS

1) The police can use any kind of force guaranteed under chapter XI (preventive actions of
police) of Cr.P.C. 1973 without any check.
2) Police brutality has adverse effect on the society.

RESEARCH QUESTIONS

1) What is the judicial interpretation of the sections 149-153 under the chapter XI of
Cr.P.C., 1973?
2) What is the scope of the sections 149-153 in the Indian society?

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RESEARCH METHODOLOGY

The researches would be following the doctrinal research methodology. The researcher will be
collecting valuable data from library which includes the written works and from the field. All
these data will help the researcher to solve his research problem.

All the website, books, journals, articles published in newspapers, bodies, reports of law
commission and case laws.

SCOPE OF THE STUDY

The research includes an analysis of the provisions empowered by law to police in way of
preventive action for the better society. The provisions of the Criminal procedure Code.

Out of many clauses of preventive actions empowered to different authorities this research will
deal with the preventive actions of the police which gave police the power to in certain
circumstances to prevent the offences, breach of peace and to maintain public order. Specifically
the research is based on a detailed study of the chapter XI and sections 149-153 of Cr.P.C. The
researchers will analyse the usage, scope and implementation of these sections.

The researchers will also prepare a research project based on the abovementioned sections. This
is meant to provide for a very comprehensive platform for audience to understand such intricate
provisions. A plain reading and understanding of these sections will result in proper way to
address the police power empowered by the law. Thus, a proper information will be available
regarding the powers of the police to the audience.

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PREVENTIVE ACTIONS OF POLICE UNDER Cr.P.C, 1973

The legal functions of the police are to deal with the detection and investigation of crime, arrest
of offenders, collection of evidence etc. Their function involves patrolling by the police and
preventive action against potential wrong doers. The foremost task assigned to the police, in
order to prevent crime, is to make arrest of the lawbreakers and suspected criminals and take
them into custody.

These powers of the police are laid down in the Chapter XI from Sec. 149 to 153 of Code of
Criminal Procedure, 1973. Police officials are also given powers u/s 41, 42 and 151 of CrPC,
1973, to make arrest without a warrant taking into consideration the circumstances. Legal
functions of the police include conditional release of accused on bond2, etc. u/s 438 of CrPC,
1973, interrogation of offenders and suspects, search and seizure. The search and seizure may be
conducted by the police with or without a warrant but it should not be unreasonable.

The police officials are bound to maintain inquest register and the law relating to inquest register
u/s 174 of CrPc, 1973. In case a person dies under unnatural or suspicious circumstances, the
police are to record information in the Inquest Register. Police also plays an important role in the
prosecution by assisting the prosecutor.3 In fact, the success in prosecution largely depends on
the promptness and ability with which the investigation is conducted by the police.4

Sections 149 to 153 lay down the provisions relating to preventive action of the police. Such
action of the police officer falls into following three categories, viz.—

(i) Prevention of cognizable offence,

2
Ratanlal and Dhirajlal, commentary on CrPC 18th edition 2006 vol 1.

3
Sarkar, code of criminal procedure 9th edition 2007, Sudipto Sarkar and V R Manohar.

4
Ibid.

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(ii) Prevention of injury to public property, and

(iii) Inspection of weights and measures.

In the very nature of things, there can be no judicial inquiry in a case of police action, because
the police have to act on their own initiative according to the urgency of the case.

The powers given to the police under these sections are as follows:

PREVENTION OF COGNIZABLE OFFENCE

(1) Every police officer may interpose for purpose of preventing the commission of a cognizable
offence, i.e., an offence for which he could arrest without a warrant. (Section 149).

On receiving information of a design to commit any cognizable offence, the police officer
has to communicate such information to his superior officer and to any other officer whose
duty it is to prevent or take cognizance of the commission of any such offence. (Section 150)

A police officer knowing of a design to commit any cognizable offence may arrest, without
orders from a Magistrate and without a warrant, the person so designing, if it appears to him
that a commission of the offence cannot be otherwise prevented. (Section 151).

1. Legislature changes- Sub Section (2) is a new provision, it didn’t appear in S. 151 of old
code of 1898. The joint committee of the parliament observed.5

“the committee is necessary to clarify certain points relating to preventivearrest made by

a police officer under the provision of this clause so as to reduce the scope for abuse or
misuse of the power. Firstly, it is necessary to clarify that all the provision s of the code
applicable to arrest without warrant, e.g. production before magistrate within a stipulated
time informing the arrested person on the grounds of arrest, etc. should as far as may be,
apply to any person arrested under this provision. Secondly, the person arrested should
have the right to be released on bail if he is otherwise entitled to be so released. The
intention is that if after the arrest no proceedings are instituted against him either to

5
See report of the joint committee, dated 4-12-1972, p. 15.

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demand a security bond from him or for launching proceedings against him as a accused
in connection with an offence, he should be discharged. Finally, it os also necessary that
the release from arrest should be under the orders of a magistrate as otherwise the
provision is likely to be abused.

New sub-clause (2) added to the cclause seeksto provide for the aabove”

2. Scope and application

Arrest under S. 151 is ossible only if the person concerne isbeieved to have a design to
commit a cognizle offence.6 Where an arrestee has design to commit cognizable offence
affecting the maintenance of peace and order, his detention for certain days ordered by
the magistrate would be proper and justified.7 A person does not become an acussed
simply because an FIR is lodged against him or he is arrested or detained by thepolice.
Such a person can be described as anaccused when there are grounds for the believing
that the accusation or information against him is well founded. 8 Whre a detenu was
unable to furnish security and the magistrate ordered his detention in judicial custody
without holding enquiry and without applying his mind, the order of detention was held
illegal.9the right of a person whohas been arreated to inform some one about his arrst and
to consult his lawyer privately is fundamental right inherent in Arts.21 and 22.10 S. 151 is
not unconstitutional.11

3. Justification for the arrest

6
Jagdish Chandra Bhatia v. State 1983 CrLJ NOC 235 (del) Ahmed Noorbhai Bhatti v State of Gujarat 2005(2)
Crimes 26(SC).
7
Rajesh Ramarao Raut v.State of Maharashtra, (2003) 4 Rec Cri 174.

8
Uma Shankar Sahay v State of Bihar 1998 CrLJ 2807 (2811) (pat).

9
Arunsingh v State of MP 1984 CrLJ 1616 MP.

10
Joginder Kumar v State of UP AIR 1994 SC 1349.

11
Ahmed Noorbhai Bhatti v State of Gujarat 2005(2) Crimes 26(SC).

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At times it may turn out that aperson arrested under this section, does notdesign or
prepare to commit a cognizable offence and the police are mistaken, even then, if the
police are acting under an honest impression or on data and appearance, and from whuch
a reasonable man would infer the design or possibility of the commission of a cognzable
offence, then the arrest is justified.12

PREVENTION OF PUBLIC INJURY TO PUBLIC PROPERTY

(2) A police officer may, of his own authority interpose to prevent any injury attempted to be
committed in his view to any public property, movable or immovable, or the removal of or
injury to any public landmark or boy or other mark used for navigation. (Section 152). The
essential condition is that the attempt must be made in view of the police officer.

INSPECTION OF WEIGHTS AND MEASURES

(3) An officer in charge of a police station may without a warrant enter any place within the
limits of such station for the purpose of inspecting or searching for any false weights or
measures or instruments for weighing. If he finds in such place any false weights, measures
or instruments for weighing, he may seize the same and report the seizure to a Magistrate
having jurisdiction. (Section 153)

12
Kanhaiyalal Dongarwal v Sugansingh 1961(2) CrLJ 875.

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STANDARD AND PROCEDURE FOR CROWD CONTROL

The police and the district administration have a duty to facilitate these meetings, in which
citizens exercise their fundamental right of public assembly. At the same time, living in
democracy requires the observance of certain rules, to allow the State to discharge its
responsibility of maintaining peace and security for everyone at all times. These are giving prior
information about the nature and time of protest and the route to be used by the procession. If
these steps are taken, the police and the administration cannot do anything that will interfere in
holding peaceful protests.13

There is always the possibility that a public rally will become unruly, which can mean damage to
life and property. This is when a public assembly becomes unlawful, which is defined in Section
141 of the Indian Penal Code.14 Under these circumstances, the district administration and the
police are permitted to disperse the crowd to prevent injuries or damage. This may entail the use
of force in a controlled and specified manner.

The principle governing the use of force as explained in the law and in police procedures remains
constant: force should only be used when it is absolutely necessary, it should be minimum and
proportional to the situation and its use should be discontinued as soon as the danger to life and
property subsides.

The Police Code of Conduct

As far as practicable, the methods of persuasion, advice and warning should be used. If however,
the use of force becomes unavoidable then only the irreducible minimum force required in the
circumstances should be used.15

13
Précis on Crowd Control By Sh. P.P.S Sidhu, IPS (Retd.).

14
Standards and Procedure for Crowd Control , Commonwealth Human Rights Initiative, July 2005.

15
Principle 4, Code of Conduct for the Police in India.

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LAW

Only an executive magistrate or an officer- in charge of a police station 16 can order the use of force. Use
of force can only be resorted to if an unlawful assembly or an assembly of five or more people (likely to
disturb public peace) does not disperse on being ordered to or shows a determination not to disperse. 17 If
the assembly cannot be dispersed otherwise and it is necessary in public interest, then the executive
magistrate can order armed forces to disperse the assembly. Even then, every officer must use as little
force, and do as little injury to person and property. 18

Law enforcement agencies enjoy the same right of private defence as ordinary people under the
Indian Penal Code to protect life and property, which in any case cannot cause more harm than is
necessary for defense.19

INTERNATIONAL STANDARDS

As a responsible member of the international community, India is bound by United Nations

standards, which are the basis of many of our laws and regulations. To reiterate, the UN Basic
Principles state that the use of force in dispersing non-violent unlawful assemblies should be
avoided and if that is not possible, then minimum force should be used. 20 In the case of violent
unlawful assemblies, firearms should only be used if less dangerous means are not available and
only to the minimum extent necessary.21

16
In her/his absence a police officer not below the rank of sub-inspector.

17
Section 129 Code of Criminal Procedure, 1973 (CrPC).

18
Section 130 Code of Criminal Procedure, 1973 (CrPC).

19
Section 99 Indian Penal Code, 1860 (IPC).

20
Section 13 U.N Basic Principles for the Use of Force and Firearms.

21
Section 14 U.N Basic Principles for the Use of Force and Firearms.

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CORRECT POLICE ATTITUDE IN DEALING WITH DIFFERENT

CLASSES OF PEOPLE

There are many types of agitators that the police have to handle. Each type of agitator requires a
different approach. Some of the different types of crowds or agitators are:

a) Political agitators;

b) Students;

c) Labour;

d) Agricultural or peasant

e) Communal.

Agitations by these groups can be in the form of meetings or processions. They can degenerate
into rowdyism if not properly handled.

Political agitator

A political agitation can be conducted by many means, through the press, wearing black bands
or badges, non-cooperation, demonstrations which could be in the form of a meeting, processions
or a strike.

Political parties often express their disapproval of certain Government measures by

demonstrations. Demonstrations are generally well publicised in order to garner public support
and increase the gathering. Such demonstrations are also organised by traders and other such
associations against Income Tax/Sales Tax or other authorities, and by government /private
employees for projecting their demands.

As has already been pointed out in earlier chapters, citizens have a Constitutional right to
assemble peacefully but without arms (Article 19 (1) (b) of the Constitution), and therefore
normally, such meetings and processions should be allowed. Suppression of such legitimate
method of protest can only result in the protesters adopting more violent methods later on.

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Rallies, meetings, and processions, even though peaceful, should be given proper police escort
under a responsible officer. Often opponents of the party which is protesting, may oppose the
march or disrupt a meeting by creating a commotion or showing black flags. Unless there is a
proper police escort such demonstrations can lead to violence.

Usually advance notice is available for meetings and processions. On the basis of assessment
derived from intelligence reports it should be possible to plan in advance and draw up
operational orders. The steps mentioned in planning for marches and meetings in earlier chapters
can be put into use here.

A usual feature of political demonstrations is a strike or hartal during which a bandh may be
organised with the objective of showing to the government the extent of public support
behind strike.

Normally when a call for a strike is given, the party giving the call may resort to intimidation
and even violence to impose its will on the public. Such strikes require to be handled with care.
If the demonstrators are not handled carefully they interfere with the liberty of other individuals.
But if the police does interfere, it often results in a clash with the demonstrators leading to police
criticism.

The proper course to adopt during a strike or call for a bandh is as mentioned below:

1. Deploy police in adequate numbers at strategic spots, in markets, or near government

offices, as the case may be,
2. Intensify patrolling by supervisory officers in affected areas,
3. Maintain strong reserves to handle contingencies such as strikers forcibly effecting
closure of establishments during a bandh, or resorting to violence such as brick batting
and obstructing moving traffic, which are cognisable offence.
4. The police should normally not interfere till the strikers resort to intimidation, and even
in such cases the objective of the police should be to contain the trouble without giving
cause for repercussions. It is always useful to contact the organisers before hand and seek
an assurance that no groups will be moving about forcibly affecting the closure shops and
establishments.

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Student unrest

Handling students is the most difficult task. They are unreasonable and will readily indulge in
minor acts of looting (usually eatables fruits, etc.) and vandalism on the slightest provocation.
Severe action against them by the police only leads to public sympathy for the students. This is
so because of the involvement of a large cross section of the public with them as the students are
regarded as immature children. The handling of the anti-Mandal Commission agitation by the
Delhi students in September 1990 is a classic illustration. The press and the public vehemently
criticised the police for the repressive way in which the students were handled. On one occasion
government employees from the offices adjacent to the Delhi Police H.Q. openly resisted the
police force which was dispersing the violent student mob agitating against the way the police
had handled the anti-reservationists.

Patience and forbearance are the keys to the successful handling of student disturbances. Police
should act with utmost restraint and should maintain composure even in the face of a few
brickbats or abusive language and use method of persuasion and parleys. Use of force against
students should generally not be resorted to even when legally justified. Force should be used
only if students resort to violence against life and property.

There are often teachers or principals who have some influence on the students and they could be
used to tackle to the students. This recourse is normally not available as teachers are often
unwilling to help in such situations. But it will help in removing the sting from public criticism.

Labour agitation

Industrial agitations are generally due to real or imaginary economic grievances of workers,
and generally follow after the failure of negotiations. Other factors which often spark off such
agitations are disciplinary action against a worker, demand for better working conditions, and
political considerations such as a tussle between two unions to gain the support of workers.
These take the form of rallies and demonstrations to popularise the call and enlist support for .a
strike or cessation of work. The object is to pressurise the management.

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1. In the initial stages, the workers may resort to wearing black badges to register their protest or
go on a go slow or work to rule agitation. In such a situation violence or breach of peace is not
likely. Police should adopt a neutral attitude and give its assistance in working out a
rapprochement between the management and workers

2. Upon the failure at the initial stage in resolving the dead lock the workers will resort to rallies
and demonstrations to enlist popular support and air their grievances. In such rallies and
demonstrations, there should be adequate police present at a discreet distance to contain any
untoward incident.

3. The next stage could be picketing of gates. The police should still maintain a neutral attitude
but in order to make policing easier it should undertake the following steps:

a. The picket should not be allowed to be established near the gate and I should be some
distance away. If necessary prohibitory orders under section 144 Cr.P.C. prohibiting assembly of
persons within 100 meters or more from the gate, should be got issued by the magistrate. This
will allow for easier movement of men and material through the gates and reduced chances of
friction.

b. The area of possible confrontation should be kept clear of parked vehicles.

c. In the event of large demonstrations connected with picket it may be necessary to place
cordons to create a sterile area (to reduce chances of conflict) allowing ingress only to
demonstrators, and to facilitate traffic diversion.

d. Police should continue to endeavor to have both side reach an agreement and maintain strict
vigil to prevent breach of peace.

4. ‘Gherao’ is a tactic which is now being increasingly used, during which members of the
establishment or administration are surrounded by the agitators and not allowed to move away.
Utmost patient by the management and the police is required. Whilst the police should be ready
intervene without any loss of time, they should withhold action for as long as possible to
facilitate direct talks between the management and workers. Often talking with workers will
assuage their feelings. In some cases workers may gain entry into the premises and pose a danger

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to the plant. In this case, as well as in gheraos intervention is necessitated, the workers should be
evicted firmly but gently. Risk of force having to be used in some cases will have to be taken. In
both case it is advisable for the police to come in on the call of the management, unless violence
has already broken out, or it appears to be imminent.

5. Sometimes violence erupts during a labour agitation during the course of which irresponsible
workers may damage industrial installations and attack workers not toeing their line. In such a
situation cases the police will have to protect industrial property as well as those workers who
are not agitating. A number of units have set up their own security wings for the security of their
plants. In the public sector undertaking this task is being performed by the C.I.S.F. (Central
Industrial Security Force)

6. In the case of essential undertakings such as water, electricity, sewage etc. even a temporary
dislocation can cause great hardship. Normally such undertakings are excluded from strike calls
but if it does come the strike has to be handled resolutely and the supplies and services
maintained. Support of influential persons and trade union leaders can be taken in resolving the
issue. Volunteer bodies, home police and even the army can be used for the maintenance of these
supplies. Damage to installation should be prevented by posting guards. Normally, strikes in
such undertakings are devoid of public support and if the administration fails to take proper
action it will lead to criticism.

Whenever a large number of people congregate for a specific purpose or otherwise, there is
always the probability of some problem arising. Therefore, the essence of maintenance of sound
public peace and order means good crowd control. Unattended crowds have the propensity of
turning into mobs, the result of which may eventually be a riot. Thus there is need to control the
crowd.

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THE EFFECTS OF POLICE ACTIONS IN INDIA

The primary duty of police officials is to serve mankind, to prevent crime, to uphold and protect
human rights and to investigate and detect and activate the prosecution of offences, to curb
public disorder, to deal with major and minor crisis and help those who are in distress 22. But it is
often seen that while discharging official duties, police officials do not undertake their
responsibilities in a proper way and abuse their power for personal or official gain.

They break their social contract and indulge in various unscrupulous activities. Such illegal
action or inappropriate action can be defined as police misconduct. These improper actions by
police officials or use of excessive power than that is reasonably necessary lead to miscarriage of
justice, discrimination and involve obstruction of justice. 23 Though the goals and objectives of
police are noble but they have been criticized and condemned for committing acts which are just
contrary and this is because the powers given to them to fulfill their social responsibilities are
capable of being abused by them to trample the constitutional rights of the community.

A society always demands from police the highest standards of conduct particularly those of
honesty, impartiality and integrity because of their professional responsibility. But abuse of
powers by the police officials has become an open scenario in Indian society. Police misconduct
or illegal actions can be of various types, some of them are briefly discussed below. Police
misconduct includes:

 Illegal or false arrest or false imprisonment

 Falsification of evidence, falsifying a police report
 Committing perjury on the witness stand or witness tampering
 Police brutality
 Bribing and lobbying

22
Policing in India: a Crisis of Confidence and Credibility, Tharron McIvor.

23
Précis on Crowd Control By Sh. P.P.S Sidhu, IPS (Retd.)

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 Unwarranted surveillance, searches and seizure of property

 POLICE BRUTALITY

Police brutality is an example of violation of civil rights, where an officer misuses his power and
tortures an individual with a force that is much higher than what is required. This has resulted in
various custodial deaths, the record of which is still to be found and to be produced before law.
The case of Nilabati Behra v/s State of Orissa & Ors. [(1993(2) SCC 746] is a glaring example
of death caused by police brutality. In this particular case the state was held liable and was
directed to pay compensation to the appellant. This brutal act of police was regarded as a gross
violation of the rights enshrined in Article 21 of the Indian Constitution.

Police brutality also includes negligence on the part of police officers. It is the duty of police to
provide proper and reasonable care to every person in his custody immaterial of the fact that he
is guilty or innocent. Unnecessary harassment to the person in custody or to any person in
general is not accepted and is highly disregarded. Even the person in lock up should be dealt by
the police in accordance with the power confirmed on it but not in any way they want. Police
officials should refrain from taking action which are prohibited by law and does not fall part of
it. In Saheli v/s Union of India [AIR 1990 SC 513], the Supreme Court of India awarded Rs.
75,000 as damages to the mother of the child who died as a result of police beating.

The Supreme Court in series of judgments held the state responsible for police misconduct or
abuse of power. It was also held that the doctrine of sovereign immunity cannot be used as a tool
for defense in public law, making pecuniary compensation as the golden remedy for violation of
fundamental rights. The Supreme Court in Bhim Singh Versus State of J & K. [(1985) 4
SCC  677; AIR 1986 SC 494], directed the State Government to pay a compensation of Rs
50,000 for illegal arrest and detention of Bhim Singh by the police in order to prevent him from
attending the Assembly Session.

The brutality of police has to be investigated and reviewed properly. Sec 197 of CrPC which
provides certain  immunities to the public servants from prosecution, for any misappropriate act
done during the discharge of duty,  needs to be amended and few stringent laws need to be

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enacted to check this type of corruption in future. For a civilized society, the courts need to be
vested with little more of judicial attention which give them the power to look into every
complaint and bring the offenders of police brutality to justice. Strict instructions need to be
given to police force that unnecessary use of power cannot save them from the eye of law.

Sec 197 of Cr.PC also gives power to the Government to interfere by way of giving approval or
sanction in case a police official needs to be prosecuted for any criminal action. It is
recommended to replace this section in order to reduce the endless abuse of the powers of the
Government and to make it absolutely free from any influence.

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SUGGESTIONS

India is a country on the move. Momentum is gathering toward achieving the democratic
principles enshrined in the Constitution. Its high potential to reform the administration of the
Police, securing a right for every citizen to question and examine traditionally secret aspects of
Police conduct. In the current absence of a new Police Act to replace the colonial 1861 Police
Act. There should not only provision regarding up the Police to a higher level of public scrutiny,
but also promotes community participation in policing

There must be regulation to promote awareness of the right particularly as it relates to the Police
and its interactions with the public. In this way, it can be used as a resource for both the public
and police. The Police must be aware of the obligations while the public must also know the law
in order to vocalize and exercise their legal rights. This provides a foundation for promoting
understanding, awareness, and dialogue between the Police and the public. It must examine the
impact this will have on the Police; and the third section seeks to examine particular issues
surrounding the Police.

The promotion of a good police-public relationship is imperative. It must be strengthened in

order to bring about public involvement and cooperation in the continuing day-to-day
functioning of the police. This will lead to much control over the crowd and destruction off the
peace and public property would be managed.

India's tactics of controlling a violent crowd therefore not only fail international standards, but
are also excessive and disproportionate within their own right. The indiscriminate and lethal use
of pellet guns on protesting civilians is a highly disproportionate response to stone throwing by
civilians. The use of certain equipment and non-lethal weapons used for control crowd should
follow three basic principles: no more force should be used than is necessary; force should not be
used as a punitive measure; and it must cease immediately after the crowd has dispersed.
Government should ensure that crowd control weapons are absolutely non-lethal, and that they
are used in a way that does not threaten human life and the right to protest but rather protects
against loss of human life and destruction of property.

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The government must seriously reconsider the use of pellet guns as crowd control weapons. It
must adopt SOP on violent crowd control that uses non-lethal weapons to disperse the crowd and
distinguish between violent and peaceful protesters and bystanders.

The use of lead pellets increases the chances of a single shot hitting more than one person and
fatally injuring them. Security officials must only use force where there is a serious and
imminent threat to life and property and they have exhausted all other means to disperse the
crowd.

In a state like Kashmir where throwing stones at security officials has become commonplace and
predictable, government must provide security officials with proper protective gear. 24 Helmets,
masks, body armour and shields should be given to those dealing with protesters to ensure that
law enforcement officials are not injured to the point that they engage in violence themselves.

24
Dealing with violent civil protests in india, Kriti M Shah (ORF SPECIAL REPORT ) APRIL 2007.

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CONCLUSION

Police is part and parcel of our society and plays a vital role in the criminal administration of
justice because police is primarily concerned with maintenance of the peace and enforcement of
the law and order and security of the person and the property of individuals. The police also have
to prevent the juvenile delinquency and atrocities against women and the children. Though the
goals of the police are noble but they have been criticized and condemned for committing acts
which are just contrary and this is because the vested powers given to them to fulfill their social
responsibility are capable of being abused by them to trample the constitution rights of the
people in the society. It also lowers the dignity of the officer and shakes the foundation of the
trust and faith imposed on them by the society.

Traditionally, the Police has operated under the strictures of secrecy inherited from colonial
times. This lack of transparency leads to suspicion of corruption even where it is absent, creating
a Police force lacking confidence and credibility. There is currently much recognition of these
shortcomings of the Police, particularly with respect to corruption and abuse of powers. These
are all important directions the Police need to take in a democratic society. Indeed, it is difficult
to see how a society can describe itself as democratic in the absence of democratic policing.
However, to date such reforms have remained in the public forum of debate where there are
many good intentions and little obvious progress. So to manage the due procedure.

The promotion of a good police-public relationship is imperative. It must be strengthened in

order to bring about public involvement and cooperation in the continuing day-to-day
functioning of the police.

Most importantly, the country must begin to seriously consider police reforms at the centre and
state level. Irrespective of the government or political party in power, state and central police
forces must remember to work for, protect, and defend the citizens. By working towards
resolving problems arising from the politicization of the police force, citizens can be sure that
even when a democratic civil protest turns violent, police forces will restore public peace and
order in a lawful, legal and constitutional manner.

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BIBLIOGRAPHY

1.Ratanlal and Dhirajlal’s, the Code of Criminal Procedure 1973, 2013.

2. SN Misra, The Code of Criminal procedure 1973, 2013.

3. Durga Das Basu, The Code of Criminal Procedure 1973, 2017.

4. The Criminal procedure code 1973.

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