GOVERNMENT LAW COLLEGE THIRUVANANTHAPURAM

SYNPOSIS

TOPIC:- NEED OF POLICE REFORMS IN INDIA

 CHAPTER 1
INTRODUCTION
“Society is a highly structured system of human organization for large scale
community living that normally furnishes protection, continuity, security and national
identity to its members” (c.f. Webster’s Encyclopaedia; 1994).The order of this system is
established and maintained through social control. Harry Emerson Fosdick noted Minister
and Counsellor observes that, it is when a man is free to do as he pleases that his troubles
begin. According to Paul H. Landis, if Fosdick’s observation is correct, it is good for the
individual never to find that time and place in life where he is completely free to do as he
pleases. Further, he opines, that no society can exist without a framework of social regulation.
This framework provides an order by which men live in groups and individuals are regulated.
Hence, he concludes that social control is necessary to protect the individual against himself
and to save society from chaos & that, it is a process by which social order is established and
maintained. In other words he points out that social control is the cause, and the effect is
social order in society

SCOPE OF THE PROBLEM

Law and order problems develop rapidly and arise frequently in urban areas because
of the existence of various organized groups such as students, labour, white colour workers,
all concerned in a small area. As the service and facilities such as housing and transport are
far from adequate, there is a struggle for the available services which create points of friction.
The regulation of normal traffic in big social gatherings demands band bust duty. The
expression of dissent and dissatisfaction through various types of processions and mochas
take place in cities where Government offices are located and where members of Government
live. Thus bandhs are an urban phenomenon. The existence of a large floating population and
presence of gullible rural migrants, give rise to crimes involving cheating, confidence tricks,
etc. Large population and heavy densities increase anonymity. The flow of large cash in the
handling of business through banks, cinema houses, and major retail outlets increases the
temptation as well as the opportunity for crime. Some forms of urban crime also seem to have
gained a measure of social acceptance. The prevalence of black money, corruption and large
scale racketeering in drugs, drinks 2 and women seem to be accepted an unavoidable evil. On
the other hand, urban areas are also characterized by much greater awareness of the rights of
the citizen. Offences against person always draw excited attention. Public opinion is vocal
and there is a vigilant and active press and these put pressures of Police for improved
behavior and better performance.

OBJECTIVES
 Find out the historical background of Indian Police system.
 Find out Reforms in Indian police system.
 Need of Reforms in Indian police system.
 judicial approach to reforms in Indian police system.

RESEARCH METHODODLOGY
The data for this study have been collected both from primary and secondary sources. The
secondary sources of data have been collected from Books, Journals, Police Commission
Reports, Police Acts, Manuals and Monographs.

HYPOTHESIS

Following hypotheses have been formulated for the present study: 

 It appears that both the size and role of police have been transformed over the years.
 It seems that the police personnel having too much work and unpalatable service
conditions indulge in corrupt practices.
 The institutional weaknesses, incidence of political interference and indifferent
attitude have a negative impact on the police performance.
 It is being felt that the police needs suitable training reforms in order to overcome
harshness of behaviour, discourteousness, irresponsiveness to complaints and
irresponsibility.
 The traditional system of working of police is said to be an obstruction in developing
good police-public relations.

REVIEW OF LITERATURE

Review of literature is a significant part of any research. The investigator acquires

information about what has been done in the field of study, gather up-to-date information
about previous researches in the area and obtain information on the topic of investigation. A
familiarity with available literature in the area of research is required for making new grounds
and the proper designing of the study. Review of related studies further avoids duplication of
the work that has already been done in that area. It also helps the investigator to study the
various aspects of the concept in its multi-dimensional perspective. The scholar has reviewed
some of the literatures on the topic Police with the above objectives in mind. A number of
scholars have written books and published articles on Police Administration and Criminal
Justice System.

A concerted attempt to compile a history of the Indian Police was made on the
occasion of its centenary by the Indian Police Journal in the years 1959 to 1961.1 In the
special issue brought out on this occasion by Semiti K. Chatterji in, ―The Police in Ancient
India‖ 2 described the ancient system and showed how the present system had its roots in the
organization for the maintenance of peace and order in ancient times.

S.U. Ahmad, in his work titled ―Probation India: Journal of Social Science and
Reconstruction‖ has opined that the prevention and control of crime is the basic duty of the
Police. They are designed and established for this purpose. Hence Police, in the most
common meaning of the term, is a body of trained men who are organized to maintain public
order, preserve liberty and make life and property of the citizen secure against assault,
burglary, theft and the depredations. Here it is highly important to note the observation made
by Joseph Lehmen about the Police officer as the symbol of the impartial authority of society
while Ahmad, former DIG of Police of UP, has concluded his study on Police in a welfare
state that the only way to control crime is to secure public co-operation. Thus, for the Police
it is an art and a fine art to handle a Criminal sympathetically and properly. But in many
cases the causes are unsympathetic and cruel treatment to a man by the Police, economic
distress and lack of facility to find healthy employment and peaceful vocation.

K.K. Bharadwaj, in his book titled ―Indian Police Administration‖ has analysed in
detail the relevance of Police Administration in India ranging from the Police Act of 1861 to
the present. He has pointed out the evil of political interference in Police Administration and
has suggested certain measures to check it.
 CHAPTER 2
HISTORY OF POLICE

Any society needs peace of mind and conducive circumstances to progress. Disturbed
and anarchic societies exhaust all their potential in unworthy things. On the other hand, if
they have a sense of safety, security and order they can develop and prosper. This is where
the role of police becomes important in society. At all times, in some form or the other, this
system existed with varied responsibilities and duties.

The term police have been derived from the Latin word ‘politia’ which means the
condition of a State. The term means, a system of regulation for the preservation of order and
regulation of law. It broadly refers to the purposeful maintenance of public order and
protection of persons and property from the commission of unlawful acts towards them. It
also refers to the civil functionaries charged with the duty of maintaining public order safety
and enforcing the law including the prevention and detection of crime. This task becomes all
the more arduous in a multicultural, multi-ethnic, and vast country like India with a big
population.

Policing is the science of maintaining peace and order in an ever-changing society.

Therefore, policing philosophy, policing methods, and attitudes of those responsible for
policing cannot remain the same. Thus, it becomes important to see how it has evolved
through the various phases of history and how it has acquired its present form. But before
that, a look at the reasons and situations that have led to the police system of the present time,
its structure and functions would be more relevant.

BACKGROUND TO THE POLICE SERVICES IN INDIA

History of Indian police on modern lines dates back to the dawn of the 19th century.
The idea of a separate regular police force as it exists today was never in consideration before
the British period and for a considerable time even after the commencement of the rule. It
was only in 1774 that Warren Hastings introduced for the first time under the Company’s rule
several measures for police reforms, which later culminated in the Police Act of 1861. Sir
Charles Napier was made in-charge of the administration of the newly annexed territory of
Sind (now in Pakistan). To tackle this crime-ridden and difficult area he reorganized the
native police system so that it could function properly and produce desired results.

This system was based on two principles:

 the police must be completely separated from the military;

 they must act as an independent body, assisting the Collectors in the discharge
of law and order responsibilities.

The system provided for an Inspector General of Police who was responsible for the
law and order of the entire province. Provinces were divided into districts that were
controlled by Superintendents of Police who headed the police administration under the
control of the Magistrates. The main principles were not altered even by the Police
Commission of 1860, which is responsible for the current police system in India.
Recommendations of the Police Commission of 1902-03 further improved the system to
some extent.

In 1917, Islington Commission Report referred to it as the Indian Police Service for
the first time. After independence Sardar Vallabhbhai Patel, the first Union Home Minister
saw the importance of organizing the Civil Services on an all-India basis. In 1949, in the
Constituent Assembly, he emphasized the importance of having a ring of services to help the
country remain intact under a federal constitution, saying “…the Union will go, you will not
have a united India if you do not have a good All India Service, which has the independence
to speak out its mind…”. And thus the Indian Police Service was born as an All India
Service.1

POLICE SYSTEM DURING ANCIENT INDIA

Origin of police can be traced to the early Vedic period as the Rig and the Atharva
Veda mentions certain kinds of crimes known to the Vedic people. In fact, evidence indicates
the existence of security forces even in the Harappan period. Though the exact reference of
the criminal justice organization during the Vedic period is not available, the Mauryan period

1
Bharadwaj, K.K., Indian Police Administration, National Publishing House, New Delhi, 1978.
exhibits important features of the same. Kautilya’s Arthashastra (310 BC) is a treatise on the
criminal justice system. It reads like a manual for police in modern times. There is a reference
to DANVARIKA, ANTEVANSIKA, PRADESIKAS, MAHAMATRAS, RAJJUKAS, and
so on. There were 3 types of police—dandpal, durgapal, and antpal.

Magasthenese, the GREEK Ambassador, and Fa Hein, the Chinese traveller have
written detailed accounts of the Gupta administration. Dandikas were the highest officers
then. Others like Nagar Shreshthi, Rabasika, also find mention. The criminal justice system
developed during this period continued for five to six hundred years. The only difference
between the two periods being that the Mauryan system was centralized whereas the Gupta
system was decentralized. But the basic structure of the police system of village police, city
police, and palace police was the same, suitably altered by various kings.

POLICE SYSTEM DURING MEDIEVAL INDIA

There is no mention of police organizations found anywhere. It may be so because

more focus was on conquests and military occupation without any serious attempt to
consolidate or run civil administration. The Muslim conquerors did try to implant the police
system in line with one prevailing in their homeland trying to fit it with the Indian social
setting. The system of administering justice, punishment, and policing was, however, Islamic
and was based on the Holy Quran. During the Sultanate period, the Hindu population was
subjected to a different law and the Pandits were associated to interpret the Hindu law and to
give their opinion on it. Muhtasibs, Muqaddams, were ranks of officials in charge of
administration. 2

Punishments were very harsh, following the Islamic law, such as flaying alive, cutting
of nose, ears, or forearms, trampling by elephants, and mutilation. All this must have led to
the generation of deep-rooted hatred for the police functionaries.

During this period the center of power and political activity was the Sultan, Faujdar
being the head of the criminal justice delivery system at the provincial level entrusted to
maintain its peace and security. Kotwal was magistrate, head of the police, and municipal

2
Gupta, Dr. A.S., The Police in British India 1861-1947 – Concept Publishing Company, New Delhi, 1979.
officer, all rolled into one. Chaukidar was responsible for the village administration. The
government under the Mughals was autocratic and military in nature. Justice delivery system
and police organizations both were weak during this period.

POLICE SYSTEM IN MODERN INDIA

British India Phase

After the British victory in 1757 at Plassey and the decline of the Mughal Empire,
whatever police system was then in vogue became further corrupted in the area.

In 1862, the Indian Penal Code and the Criminal Procedure Code came into force. The
Evidence Act was enforced in 1872 and thus the Qazis, the Muftis, the Pandits along with the
Islamic law and the Hindu law got replaced. Though changes were made in the administrative
functioning by the Britishers yet the Mughal framework for policing was retained. Ranks
such as Kotwals, Thanedar, Pargana, Darogah, continued. However, changes slowly came in
the Perso-Arabic model and the British way of policing was adopted.3

Pre Independence Era

By the early 19th century the Mughal empire started disintegrating and till the middle
of the 19th century, there was no satisfactory police system primarily because of British
inexperience and lack of knowledge about the country. Zamindars retained policing till 1792
when Cornwallis was sent to India as Governor-General. He abolished the zamindari system
and made Thanedars responsible for the maintenance of law and order. Some other reforms
were also introduced. Later, a model of policing developed by Napier culminated into the
Indian Police Act of 1861, on which the current police system is also based.4

3
https://www.prsindia.org/policy/discussion-papers/police-reforms-india
4
https://bprd.nic.in/content/321_1_History.aspx
 Indian Police Act of 1860

After the revolt of 1857, the British realized the threat of losing power and were
determined to ensure complete suzerainty and suppression of all challenges to their power.
Thus, a Police Commission was appointed in 1860, to make police an efficient instrument for
the prevention and detection of crime.

However, the system so designed was sharply opposite to that of the Britishers,
celebrated in the whole world as a symbol of democratic policing. The primary objective was
to meet the exigencies of trade and company profit and to ensure that the trade route was safe,
exploitation of resources continued unhindered. This system was based on the structure
developed by the Mughals in the 17th century incorporating many features and names of
officials like Daroga, Faujdar, and Kotwal. The Act imposed in the whole country a uniform
police system. It relieved the District Magistrate of his duty to keep a check over the local
police and made it more professional, organized, and disciplined in nature. The system of
policing instituted by the Act is still in force and brought uniformity in administration.
However, the general conditions of crime control remained unsatisfactory probably due to
poverty, famine, and other adverse conditions like shortage of force. The second All India
Police Commission was formed in 1902 to conduct a comprehensive inquiry and recommend
improvement in various aspects of the organization. But nothing concrete was done according
to the recommendations to improve the forces till independence.5

After 1920, the imperial forces were open for the Indians through entrance
examinations. Indianisation of the services remained very slow despite pronouncements and
recommendations. Due to the unavailability of Europeans, more Indians started getting
appointed to the services later. After independence, India adopted the 1861 system unaltered
in any basic respect.

THE CURRENT STRUCTURE OF THE POLICE SYSTEM IN INDIA

After 1860 recruitment of senior police officers was done in two ways- first, by the
appointment of officers from the British Army, and second, by nomination from amongst
younger sons of landed gentry in the UK. Both of these ways were abolished in 1893.
Recruitment of officers now was done through a combined competitive exam held in London

5
https://www.humanrightsinitiative.org/blog/the-police-we-have-and-where-it-came-from-an-analysis
which only Europeans could take. Later it was opened for Indians too. Today recruitment
made through Combined Civil Services Examination is conducted annually by the Union
Public Service Commission. Article 312 of the Constitution of India mentions about the All
India Services. Probationers recruited undergo very tough basic training in physical
academics, arms, and other activities.6

According to the Constitution, the police force is a state subject. States draw rules,
regulations and guidelines for the police in the state police manual. The organization structure
of police forces in India is fairly uniform in all the states throughout the country. The head of
the police force in a state is called the Director-General of Police (DGP). A state is further
divided into several zones, ranges, and districts. The district force is headed by an officer of
the rank of Superintendent of Police(SP). Group of districts forms a range which is headed by
an officer of the rank Deputy Inspector General of Police(DIG). Zones are composed of two
or more ranges headed by an officer of the rank Inspector General of Police(IG). Districts are
further subdivided into sub-divisions like circles and police stations which are headed by
officers of different ranks. The district police are also divided into two branches—the civil
police and the armed police, where the former primarily controls crime, and the latter deals
with law and order situations and is also the reserved police of the district kept to meet an
emergency situation.

INFLUENCE OF PAST POLICE SYSTEM ON THE PRESENT

The Indian Police system and structure as presently organized are essentially based on
an Act 131 years old, the Police Act of 1861. The working of the police has been analysed
twice at an All India level within a period of 90 years. First was the Indian Commission of
1902-03 during the British regime and second was in 1977 by the National Police
Commission. They found police far from efficient, defective in training and organization,
lacking in public relations, welfare measures, machinery for redressal of grievances, etc. and
that it was generally regarded as corrupt and oppressive. Even after independence, we were
devoid of a better police administration system. There is still a requirement for a reorientation
of attitude and approach on the part of the police.

6
https://www.jstor.org/stable/41855800?seq=1
 Under the Constitution, police is a subject governed by states. 7 Therefore, each of the
29 states have their own police forces. The Centre is also allowed to maintain its own police
forces to assist the states with ensuring law and order. 8 Therefore, it maintains seven central
police forces and some other police organizations for specialized tasks such as intelligence
gathering, investigation, research and recordkeeping, and training. The primary role of police
forces is to uphold and enforce laws, investigate crimes and ensure security for people in the
country. In a large and populous country like India, police forces need to be well-equipped, in
terms of personnel, weaponry, forensic, communication and transport support, to perform
their role well. Further, they need to have the operational freedom to carry out their
responsibilities professionally, and satisfactory working conditions (e.g., regulated working
hours and promotion opportunities).

There has been continuous debate on policing and reform in India, with several
government-appointed commissions submitting reports and recommendations for police
reform to government. The most comprehensive recommendations came from the National
Police Commission (NPC), which from 1979-81, completed eight reports and drafted a
Model Police Bill. Two more official Committees have drafted model police legislation, with
CHRI as an active participant on both. These model draft Police Acts have not moved
forward. In 2006, the Supreme Court of India ordered directives on police reform, but the
central and state governments are either not complying at all or complying by moving away
from the Court’s framework. CHRI actively monitors the state of implementation of the
Court’s directives across the country.

The Police is considered as the vital arm of a state rather the active arm through which
state wields its power and authority. The policing has been the age old practice ever since the
society organized itself, however, organized and legal police system called Darogah system
appeared in British- India in the year 1792 (Lord Cornwallis) in the state of West Bengal
which was later on extended to the province of Bombay (1793). The Darogah system did not
work up to the expectations of the then government as the system was unable to exercise
control over village police as it suffered from the shortage of manpower.

POLICE REFORMS: POST INDEPENDENCE SCENARIO

7
Entry 2, List II, Schedule 7, Constitution of India, 1950.
8
Entry 2 and 2A, List I, Schedule 7, Constitution of India, 1950.
 Police has been placed in Seventh Schedule, State List II, of the Constitution.
However to meet the expectations of the people, Central Government can persuade the State
Governments to bring the reforms in the Police Administration. After Independence various
experts‟ bodies have examined the issues with Police organization and suggested the
remedial measures. Some of the important committees on the front of Police reforms have
been mentioned below:

1. Gore Committee(1972)

2. National Police Commission (1979-81)

3. Vohra Committee(1993)

4. Ribeiro Committee(1998-99)

5. Administrative Reform Commission II(2005)

NECESSITY OF POLICE REFORMS

Police is an exclusive subject under the State List. States have the power to enact any
law regarding police. But, Police have become the puppets of politicians. India is still
following the Police Act, 1861, which was framed by the Britishers to crush dissent. India is
becoming an economic and political superpower, but police is still in the same frozen state. 9
There are many challenges and issues that the police is facing because of which there is
necessity for bringing change in police administration. Some of the major issues are as
follows:

 Vacancies and Overburdened force

Currently there are significant vacancies within the state police forces and some of the
central armed police forces. As of January 2016, the total sanctioned strength of state police
forces across India was 22,80,691, with 24% vacancies (i.e. 5,49,025 vacancies).Vacancies
9
Bhattacharya, Mohit ,Organization and system of policing of Medium size cities, (I.I. P.A.). The Indian
Institute of Public Administration, New Delhi.
have been around 24%-25% in state police forces since 2009. States with the highest
vacancies in 2016 were Uttar Pradesh (50%), Karnataka (36%), West Bengal (33%), Gujarat
(32%) and Haryana (31%) . In the same year, the total sanctioned strength of the seven
central police forces was 9,68,233. 7% of these posts (i.e. 63,556 posts) were however lying
vacant. SashastraSeemaBal (18%), Central Industrial Security Force (10%), Indo-Tibetan
Border Police (9%) and National Security Guards (8%) had relatively high vacancies.
Vacancies in the central police forces have been in the range of 6%-14% since 2007.10

A high percentage of vacancies is increasing the existing problem of overburdened

police forces. Each police officer is responsible for a large segment of people. While the
United Nations recommended standard is 222 police per lakh persons, India’s sanctioned
strength is 181 police per lakh persons.11After adjusting for vacancies, the actual police
strength in India is at 137policeper lakh persons. Therefore, an average policeman ends up
having an enormous workload and long working hours, which negatively affects his
efficiency and performance.12

• Constabulary related issues

Police forces consist of about 86% of constabulary whose works are not limited to
basic tasks. A constable’s responsibilities are wide- ranging. They must be properly trained as
they are expected to have some analytical and decision making capabilities. In metropolitan
areas, rents are high and adequate accommodation may not be available near police stations
which affect their operational efficiency. So housing should be provided to the constabulary
to improve their efficiency. Constables are typically promoted once during their service, and
normally retire as head constables. This could weaken their incentive to perform well.

• Crime Investigation

10
“Data on Police Organisations”, Bureau of Police Research and Development, 2016,
http://bprd.nic.in/WriteReadData/userfiles/file/201701090303068737739DATABOOK2016FINALSMALL09-
01-2017.pdf.
11
“Data on Police Organizations”, Bureau of Police Research and Development, 2016,
http://bprd.nic.in/WriteReadData/userfiles/file/201701090303068737739DATABOOK2016FINALSMALL09-
01-2017.pdf.
12
“Model Police Manual: Volume 1”, Bureau of Police Research and Development,
http://www.bprd.nic.in/WriteReadData/userfiles/file/1645442204-Volume%201.pdf.
 The most important, but badly neglected aspect of policing is crime investigation. The
standards have declined in these days. Crime investigation requires skills and training, time
and resources, and adequate forensic capabilities and infrastructure. Further police forces lack
the training and expertise requires conducting investigations. They also have insufficient
legal knowledge. Because of all this, Police forces use force and torture to secure evidence.
There is also underreporting of crime in India resulting in high pendency.

• Police Infrastructure

Modern policing requires advanced weaponry, strong communication support and a

high degree of mobility. The CAG and BPRD have noted shortcomings on several things.

Weaponry: It has been found that weaponry is outdated and the process of
acquisition is slow which is causing a shortage in arms and ammunitions. It was found in
audit of Rajasthan police force (2009-2014) that there was shortage of 75% in the availability
of modern weapons. In Gujarat and West Bengal also shortages of 36% and 71% respectively
were found in required weaponry.

Police vehicles: It has been noted that there is shortage of police vehicles which is
affecting the response time of police and hence their effectiveness.

Underutilization of funds for modernization: For the modernization of State Police

Forces, funds are allocated both by the Centre and States, but there is a problem of
underutilization of these funds. For example- in 2015-16, the centre and states allocated Rs.
9,203 crore for modernization. However, only 14% of it was spent.

 Police- public relations

Police-public relations are an important concern as police requires confidence,

cooperation and support of the community to prevent crime and disorder. But it has been
found that the relations is in an unsatisfactory state because people view police as corrupt,
inefficient and unresponsive.

This challenge can be addressed by Community Policing Model. This requires the
police to work
 with the community for preventing and detecting crime. It may include patrolling by
the police and creating mechanisms for grassroots feedback from the community. Various
states have been

experimenting with community policing including Kerala through „Janamaithri

Suraksha Project‟, Rajasthan through „Joint Patrolling Committees‟, Assam through
„MeiraPaibi‟, Tamil Nadu through „Friends of Police‟, West Bengal through the
„Community Policing Project‟, Andhra Pradesh through „Maithri and Maharashtra through
„Mohalla Committees‟.

REFORMS NEEDED IN INDIA

India is in such a situation today where following changes must be brought in Police
forces for their effective functioning:

• Division of Duties: All police departments should be divided into different

categories like Homicide, Robbery, traffic, cyber, women molestation, intelligence,
state border customs, coast guards and combat force. Also I think special
departments are required for financial fraud, real estate fraud and corruption as
well. Officers should be trained in these respective subcategories and then
recruited.

• Continuous Evaluation: A particular performance criteria should be fixed

like BMI ratio of police personnel should be in a fixed range as we are used to
seeing policemen having big tummy. A performance test should be mandatory for
all after 4-6 months to evaluate whether they are fit for the responsibility.

• Technological Advancement: India is a huge country we cannot cover every

nook and cranny with CCTV cameras Innovative solutions like use of drones, UAV
to monitor the whole city should be adopted. A centralized database of local
criminals on the lines of Interpol.

• Delinking of Security from politics: I think all security matters should be in

the hands of governor in state and president in the center. A separate committee
could also be set up including high court judges, retired IPS officers, civil society
 leaders headed by governor which should have the power regarding the transfers
and appointments.

CHAPTER 3

POLICE REFORMS IN INDIA

Police reforms has been on the agenda of Governments almost since independence but
even after more than 50 years, the police is seen as selectively efficient, unsympathetic to the
under privileged. It is further accused of politicization and criminalization. In this regard, one
needs to note that the basic framework for policing in India was made way back in 1861, with
little changes thereafter, whereas the society has undergone dramatic changes, especially in
the post-independence times. The public expectations from police have multiplied and newer
forms of crime have surfaced. The policing system needs to be reformed to be in tune with
present day scenario and upgraded to effectively deal with the crime and criminals, uphold
human rights and safeguard the legitimate interests of one and all.

Reforms for SMART Police:

Broadly, reforms are needed on three fronts: first improvement in capacity and
infrastructure of police forces, second revisiting the constitution of police forces in the
country through legislative/ administrative changes, and third technological scaling-up.
Within each of these three heads, changes are required at several levels. The section below
outlines these below.

a. Boosting capacity and infrastructure:

Boosting infrastructure and capacity of the police forces includes increase in the number of
police personnel in the country, improvement in recruitment, training and service conditions
including upgradation on one hand and improving the infrastructure, working hours, housing
facilities on the other.
Various studies on the police force in the country have revealed that while work
pressure and complexities in handling law and order and investigating crime have grown at
an enormous pace, manpower growth has not been commensurate 13. Studies have also shown
that often, police personnel need to be deputed as attachments in other superior offices,
further reducing manpower for policing14. To tackle this problem, there is an urgent
requirement to recruit more people. Experts suggest that after 18 years of service, some
CAPFs could switch to the Armed Police of the state. This is one way of filling vacancies.
Another reform is using technology to supplement manpower 15. There is a link between
vacancies and lack of adequate training facilities. The latter may be one reason preventing
state police forces from quickly filling up the posts. To address this, experts suggest that
some trained Central Armed Police Forces personnel can be deputed in states. As per the
Second Administrative Commission, training needs to be made an attractive option for the
trainers. This can be done through provision of better facilities and attractive allowances.
This will attract motivated trainers.

Police, as part of their job profiles, need to constantly interact with the public. This
requires the police to be sensitive which can be achieved through attitudinal training. To help
the police officers upgrade their skills, refresher courses should be made compulsory and a
prerequisite for promotion. A well trained force would efficiently discharge their duties.

Next, the quality of life of the police force needs special attention. Long working
hours reduce motivation to work and increase stress. Section 22 of the Police Act, 1861
states that a police officer is “always on duty”. This creates the problem. Recently, policemen
in Karnataka took a mass leave calling for an hour shift. Calls for a shift system has been
heard from many quarters. Appreciating this concern, there is a need to stipulate humane
working hours for policemen. Some states have already done so. Kerala has introduced eight
hour duty system in its Police Act, becoming the first state. Haryana has also gone for the
shift system. Such a switch requires more people. It has been estimated that India would need
3,37,500 people if eight hour shift is introduced 16. Taking an incremental approach, experts
suggest a 12 hour shift can be introduced.
Another facet of a quality life is provision of accommodation. The National Police
Commission has recommended that all gazetted and non-gazetted officers need to be
13
“National Requirement of Manpower for 8-Hour Shifts in Police Stations”, Study sponsored by Bureau of
Police Research & Development, Govt. of India, August 2014, p.13
14
“National Requirement of Manpower for 8-Hour Shifts in Police Stations”, Study sponsored by Bureau of
Police Research & Development, Govt. of India, August 2014, p.13
15
“National Requirement of Manpower for 8-Hour Shifts in Police Stations”, Study sponsored by Bureau of
Police Research & Development, Govt. of India, August 2014, p.14.
16
“National Requirement of Manpower for 8-Hour Shifts in Police Stations”, Study sponsored by Bureau of
Police Research & Development, Govt. of India, August 2014, p. 127.
provided with family accommodation. In addition, there is a need to provide them with
humane living conditions. The 5th Report of the Second Administrative Reforms Commission
has supported the need for undertaking major housing construction programmes for them.

This would help them give their best to national service.

Next, hard infrastructure needs a total overhaul. To support the policemen, transport
and communication facilities need to be expanded and upgraded. To augment forensic
support, there is a need to have forensic laboratories in each district or at best at
Divisional/Range levels. Experts have pointed to Gujarat as a model in this regard.
Ahmedabad has the State Forensic Science Laboratory. In addition, Ahmedabad Junagadh,
Rajkot, Surat and Vadodara have regional laboratories with one district laboratory in Valsad.
Moreover, 47 mobile laboratories cover the entire State. This is supplemented by the Gujarat
Forensic Sciences University and a Directorate of Forensic Science in Gandhinagar.

These measures will ensure adequate and quality policing.

Legislative reforms:

The legislative changes include, enactment of the organized Crimes Act, a single
police act for the country, moving Police to the Concurrent List, declaration of Federal
Crimes, measures regarding registration of crimes, statutory backing for the CBI,
Commissionerate system for large areas, revival and strengthening of the beat constable
system and some changes in criminal procedure and evidence systems.

With respect to Organized Crimes, India is a signatory to the UN Convention against

Transnational Organized Crimes. But as on date, India does not have a central legislation to
tackle such crimes. Only Maharashtra has the MCOCA Act which has been adopted by some
other states. In times of rising cases of money laundering; arms, drugs and human trafficking;
expanding terror networks, etc, there is an urgent need to have a Central law to regulate the
same.

It is needless to reiterate that safe and secure environment is a basic need to sustain
economic progress of the country. And the first step towards that direction is amending the
colonial police regime in the country. The British had enacted the Police Act, 1861 for the
entire country. Now, each state has come up with its own laws where basic features differ.
Some of these laws have even been challenged in court on grounds of unconstitutionality.
This is an anomalous situation. To have uniformity in basic features which are in tune with
the present, experts suggest that Article 252 can be relied on to have a single police law if two
or more states consent. Based on this, states can adopted their laws as per local situations. In
this respect, the Model Police Act was prepared in 2006 which has now been revised to a
Model Police Bill 2015.

Another area of concern is the growing threats to internal security, terrorism, Left
Wing Extremism due to which policing only by the state without Central support will be
difficult. Very often, instances like inter-state disputes, communal riots, clashes between
different castes and mela duties demand the services of the Central Armed Police Force. As
mentioned above, under the Constitutional framework, police and public order come within
the exclusive jurisdiction of the State Government. The duty of the Union Government is to
provide armed and para-military forces when needed and to ensure that the executive power
of every state be so exercised as to ensure compliance with the laws made by Parliament and
any existing laws which apply in that state. It is often argued that these challenges will be
resolved better if “police” and “public order” are shifted from the State List in the VIIth
Schedule of the Constitution to the Concurrent List. This can also be done by amending entry
3 in the Concurrent List formalising what is actually happening on the ground. The need for
inclusion of Public Order in Concurrent list stems from significance of public order for
national security, economic development and legitimacy of the state. Generally, the Union
Government is unable to intervene in cases of flouting of public order at a state level unless
the state seeks assistance. This, it is has been observed, often snowball into a national crisis
which then has to be addressed through the extreme emergency provisions. It is therefore
argued that by including “Public Order” in the Concurrent List of the Constitution, the Union
Government can play a more proactive role in curbing violation of public order at a nascent
stage. Another reason supporting the shift of public order to the Concurrent List is the rapid
increase in inter-state crimes. Tackling these in the present framework is slightly challenging
since all states have varied legal and administrative framework. In light of the rapid growth in
internet, communication and mobile technologies, organised crimes and terrorism can be best
tackled through a unified legal, administrative and operational framework for the police
forces across the nation. This can be accomplished only by empowering the Union
Government to also regulate public order. 17

But this would require a Constitutional Amendment which could be difficult. Instead,
the Centre can declare certain crimes as Federal Crimes. What this means is that certain
17
Charles D. Hale, Fundamentals of Police Administration, Holbrook Press Inc., Boston, 1977.
offence which have inter-state or national ramifications should be governed by a new law. As
per the report of the Second Administrative Reforms Committee, the State Police as well as
the CBI could be given the concurrent jurisdiction over investigation of all such crimes. Their
investigation can then be given to a central agency like the NIA or CBI. These crimes could
be:

i. Organized Crime

ii. Terrorism

iii. Acts threatening National Security

iv. Trafficking in arms and human beings

v. Sedition

vi. Major crimes with inter-state ramifications

vii. Assassination of (including attempts on) major public figures viii. Serious economic
offences

With regard to registration of crimes, there are some concerns. There have been
instances where crime figures are kept low in order to portray a crime free image. This is
done through concealment of crime. There have also been instances of false and highly
exaggerated complaints. Another issue is corruption in registration and non-registration of
FIRs. To tide over these issues, experts suggest the introduction of a dual system. While all
the complaints will be registered, FIRs will only be registered when the police find a crime
has been committed after a preliminary verification. This can be done through an amendment
to Section 157 (1) of the Code of Criminal Procedure, 1973 which would then read as
follows: "If from information received or otherwise, an officer in charge of a police station,
after such preliminary verification as he deems necessary, has reason to suspect the
commission of an offence……” Recently, the Supreme Court has directed the police to
upload FIRs within 48 hours to bring in more transparency to the system. 18 Though it
provides for exceptions to protect sensitive cases and extension in light of practical
difficulties, the move if implemented well will bring people closer to the system.

Administrative Reforms:

18
Curry, J.C., The Indian Police, Manu Publications, New Delhi, 1976
 In addition to the legislative changes, there is an urgent need for administrative
reforms as well. On the administrative side, changes include separation of investigation from
law and order, specialized wings for Social and Cyber Crimes, restricting the police to core
functions, setting up authorities as directed by the Supreme Court, strengthening state
machinery and linking prosecution with police.

As suggested by the Supreme Court in Prakash Singh v. Union of India, “the

investigating police shall be separated from the law and order police to ensure speedier
investigation, better expertise and improved rapport with the people.” It also mentioned that
there should be “full coordination” between the two. As per the 6th report of the National
Police Commission, such a separation should be restricted to the police station level under the
Station House Officer (SHO). Officers above the SHO would be responsible for both
investigation and law and order. Implementing this suggestion would need more human
resources but is worth pursuing.

For efficient policing, there is a need for the police force to restrict themselves to core
functions. A suggested reform is that Excise, Forest, Transport and Food departments need to
have their own enforcement wings to relive the State Police from their routine functions. 5 th
Report of the Second Administrative Reforms Commission further suggests that functions
like serving court’s summons, antecedents and addresses verification for passport
applications or job verifications etc. can be outsourced to private agents or government
departments. These measures will help in reducing the workload of the police. 19

Moreover, specialized crimes require a specialized approach and personnel to deal

with them. Social crimes like offences related to beggary, prostitution, crimes against women,
domestic violence, dowry offences, etc cannot be handled by the traditional daroga. Experts
suggest that it needs to be handled by a separate wing with people like students who have
graduated in Social Science/Social Work. Another upcoming category of crimes is
cybercrimes. In light of its highly complex nature, experts feel that one can recruit students
who have done MCA or passed out from an IIT as sub-inspectors/inspectors under the State
CID. To prevent detection, they should work in plain clothes. The Supreme Court of India in
Prakash Singh v. Union of India outlined some other administrative reforms to reform the
police system. As already pointed out, very few states have taken steps to comply with the
judgment. In the present times of cooperative federalism, the Centre needs to sit with the
states to motivate them to follow the following SC directions:
19
Vold, George B., Theoretical Criminology, Oxford University Press, New York, 1958.
 i. Setting up of State Security Commission laying down broad policies and
directions for police functioning
ii. Police Establishment Board to decide on transfers, postings, promotions, and
other service related issues
iii. Police Complaints Authorities at state and district levels as redressal
mechanisms for complaints against police
iv. Selection of DGP by the state government from panel of three senior-most
officers of the Department who have been empanelled by the UPSC for
promotion,
v. Fixed tenure of officers on operational duties

At the central level, the SC had directed that a National Security Commission should
be established for the selection and placement of heads of Central Police Organizations,
upgrading these forces and improving service conditions.

Rising terror attacks have brought out weaknesses in state response. There is an
urgent need to enhance state police capabilities so that they can counter terrorism on their
own in emergency. Experts suggest the following measures:

i. Like the National Security Guard (NSG) at the Centre, states should set up
their own State Security Guard (SSG). Based on the size of the state and
gravity of the threat, SSG can range between 100 to 300.
ii. To tackle international terrorism, Unlawful Activities (Prevention) Act needs
to be strengthened.
iii. A National Counter Terrorism Centre (NCTC) needs to be established.

Presently, prosecution and police are separated at the State level and the same is
favoured at the Centre. Integration and coordination of the two is in the best interest of the
criminal justice system. This has been recommended by the National Police Commission and
the Mali math Committee. Such an approach is not new and is followed in the US and the
UK. It is suggested that at the state level, the Director of Prosecution should be placed under
administrative control of the Director General of Police.

Technological Scaling:
 Technological reforms includes modernization of the control room, fast tracking the
Crime and Criminal Tracking Network and System (CCTNS) pushing for National
Intelligence Grid (NATGRID) and pushing for incorporation of new technology into
policing.

The police force needs to keep pace with changing times. Modernization of the force
has become inevitable especially in cyber security, counter-terrorism/insurgency and relying
on technology for policing. This calls for more investment especially for modernization and
technological upgradation. Further, control rooms need to be upgraded. There is a need to
have a unique and integrated emergency number as is present in other parts of the world. To
do this, the National Emergency Response System (NERS) of the Ministry of Home Affairs
needs to be operationalized. Like Madhya Pradesh which has built DIAL 100 Call Centres for
swift response to emergency calls, other states should also adopt a similar system.

To enable police stations to exchange information, they need to be connected through

a seamless network. Realizing this need, an ambitious project in the form of Crime and
Criminal Tracking Network and System (CCTNS) was sanctioned in 2009. Its main aim was
to connect 15,000 police stations and 5000 supervisory police officers. Though the system
was to be in place by 2012, the deadline has been extended to 2017. Once it is in place, data
exchange would be easier. 20

Departmentalized investigations sometimes miss the holistic picture. To counter

terrorism, a holistic analysis of different facets of the information is necessary. Keeping this
is in mind, there is a need to push for the NATGRID or National Intelligence Grid. It
involves combining 21 sensitive databases into a single one which can be accessed by
authorized Central officers from the IB, RAW, CBI, DRI, and ED. Databases included in the
grid are banks, credit cards, cell phone usage, immigration records, motor vehicle
registration, income tax records. Such a grid will help investigators in understanding the
complete profile of a suspect. Recently, there were news reports about Delhi Police tying up
with ISRO, the Indian Space agency, for mapping crimes and predictive policing. The „Crime
Mapping Analytics and Predictive System‟ uses space technology to tackle internal security
threats. Police officials would be equipped with Personal Digital Assistant Devices with
stored crime related data for easy access. The system also has provision for converting
distress calls into digital messages giving the location using GPS. If such path breaking
technology is utilized by Indian police, policing will become effective. Thus, technology
20
Misra, S.C., Police Administration in India, National Police Academy, Mount Abu, 1970.
needs to be used in modernizing the police force to be able to meet current and future
challenges.

The reforms outlined above will pave the way for a robust police system apt to deal
with the ever-changing nature of challenges. But the reforms need to be undertaken on a
sustained basis to keep the police relevant to the changing needs of the society. An easy
starting point for states is to look at the Model Police Bill, 2015 and incorporate similar
provisions, adapted to their local conditions, into their state police laws.

Strengthening the Central Bureau of Investigation:

In addition to the above discussed reforms, one critical area where reform is needed is
the Central Bureau of Investigation(CBI). The CBI traces its origin to WWII. It was
established in 1941 as the Special Police Establishment, tasked with domestic security.
However, it was renamed as the Central Bureau of Administration on the basis of the
recommendations of the Santhanam Committee in 1963. It is interesting to note that the
Central Bureau of Investigation at the Centre derives its power from the Delhi Special Police
Establishment Act,
1946 and has been created through an executive resolution. Over the years much deliberation
has been done on shortcomings of the CBI and the reforms needed. In 1978, a LP Singh
Committee was set up which recommended the “enactment of a comprehensive Central
Legislation to remove the deficiency of not having a central investigative agency with a self-
sufficient statutory charter of duties and functions”. The 19th Report of the Parliamentary
Standing Committee in 2007 and the 24th Report of the Parliamentary Committee in 2008
have emphasized on the same. In 2011, a Select Committee of the Rajya Sabha to look into
the Lokpal Bill also made suggested drastic reforms to the CBI in order to ensure its
independence These relate to autonomy, appointment and control over the CBI.

The matter pertaining to autonomy of CBI once again came before the Supreme Court
in the Coal Block Allocation matter in 2013. The Court rapped the government for having
failed to ensure functional autonomy to the Central Bureau of Investigation and asked the
government to “come out with a law to insulate the agency from external influence and
intrusion”. Accordingly the then Prime Minister constituted a Group of Ministers (GoM) to
consider the matter relating to an appropriate law being made to provide for the independence
of the Central Bureau of Investigation (CBI) and its functional autonomy. The GoM
recommended that a panel of retired judges would monitor the CBI investigations to prevent
external interference. In addition, it also recommended an increase in the financial powers of
the CBI Director, and a new mechanism for the appointment of the Director (Prosecution)
which is a Law Ministry appointee at present. However, these reforms were heavily criticised
on grounds of being merely on-surface changes. 21

Broadly, the areas where reforms are sought in relation to CBI are as under. Foremost is
revisiting the functioning of CBI as a Special Police Establishment under the Delhi Special
Police Establishment Act of 1946. This has been discussed in detail by the Padmanabhaiyah
Committee in its report. The Second Administrative Reforms Commission report has also
expressed concern about the power of CBI to investigate criminal cases only with the consent
of State Governments. The Commission has opined that a law should be enacted using the
powers of the Union Government under the Constitution to define the constitution of the CBI,
its structure and jurisdiction.

Establishing a Police Commissionerate Setup in Urban Areas:

Urban areas in India have been witnessing rapid growth. As a result challenges for
the police in cities have also become immense. In this situation, as recommended by the
National Police Commission in the 6th report, a system of Police Commissionerate should be
introduced in cities with population of five lakhs and above and places where special
conditions like speedy urbanisation, industrialisation, etc. demand it. Here a little background
on the rationale for the Commissionerate system would help. Initially, the Commissionerate
system was introduced in some metropolitan areas like Calcutta, Mumbai, Hyderabad and
Madras. But over the years, it has extended to fast growing cities like Delhi, Gurgaon,
Bhubaneswar-Cuttack, Pune, Nagpur, Vishakhapatnam, Ahmedabad, Mysore, Kochi, Trichy
to name a few. As compared to police in districts, Police in Commissionerate’s in small areas
had given better accounts of themselves as per the 6 th Report of the National Police
Commission. It noted that changing dynamism and growing complexities of security threats
required a swift and prompt response leaving very little time for discussion and debate. It
found that having a direct and not a mere supervisory role of a senior police officer in the
daily functioning of the police was a great advantage. The Commissioner needs to be a
senior, mature police officer with adequate expertise having full authority over the force and
functional autonomy. Though resisted, this can be started in urban areas with population of
10 lakhs and above, metropolitan areas and any other notified area as mentioned in the Model
Police Bill, 2015.
21
Ram Reddy Sheshadri and Developing Society and Police, Osmania University, Hyderabad, 1972.
 In the present context, with the Central Government keen on pushing the Smart Cities
Mission, a professional and autonomous yet accountable police force is needed. Further, it
would be helpful to take inputs related to safety, security and policing needs from the
Commissioner of Police while planning any major developmental activity in an urban or
metropolitan area as suggested by the Model Police Bill, 2015.

In order to introduce this system, the State or UT Police Act can be amended empowering the
state governments or Central Government in a UT to create a Police Commissionerate and
empower police officers to exercise powers of the District Magistrate and Executive
Magistrate. This can be done on the lines of the Delhi Police Act, 1978 and the Orissa Urban
Police Act, 2003.

Developing Beat Constabulary in Rural Areas:

Another neglected area is the beat constable system. At the All India Director General
of Police Conference at Dhordo, Rann of Kutch in 2015, the Prime Minister said that “Police
forces should establish strong links with local community and connect with people.” Further,
he mentioned about reviving the beat constable system for information collection. In 2009, at
the Conference of Chief Ministers on Internal Security, the then Home Minister mentioned
“reactivating the beat constable system” as one of the important concerns.

These statements need to be understood in light of the rising internal security

challenges as well as terrorist attacks. While there is an active police force as well as
specialized agencies to deal with these threats, many feel that there is absence of grass root
intelligence. It is here that the Beat Constable system becomes relevant. Under this system,
the beat constables have a close association with the community making it easy to get
information and also observe any suspicious activities or behaviour. In the past, a close link
between the police and the community in this system, helped in prevention and
investigation22. Even the Second Administrative Commission in its 5th Report recommended
that the beat constable system be restored. Highlighting its advantages, it noted that the
system apart from being an important source of information, gave citizens a sense of security.

At present specialized forces like the Anti-Terrorism Squads and rapid action forces
have diluted the role of police stations, Station House Officers and even the beat constable 7.
In present times, where even a small piece of information can help avert a major security

22
FICCI Taskforce Report on National Security and Terrorism, Vol. 1, p.78.
7
FICCI Taskforce Report on National Security and Terrorism, Vol. 1, p.78.
attack, it is important to fall back on the beat constable system. Beat patrolling on foot and
mobile patrol, equipped with modern equipment is the need of the hour23. To be able to make
contacts in the community, the beat constables need to be kept on the same beat for 2 years 24.
This will create a powerful first line of intelligence.

The beat constable system can be revived through the legislative route. For example,
in the Kerala Police Act, 2011, Section 65 clearly outlines the duties and responsibilities of
the beat patrols. These include keeping contact with the Community Contact Committee
(comprising of local representatives) and active participants in the community life; reviewing
steps to prevent offences in the beat area; information collection with respect to criminals,
terrorists and anti-social elements in the area and communicating it to the relevant officer;
observing various people like criminals under special observation in the beat area, people
with criminal background and those with a bad character; having an understanding of local
disputes which can involve violence in future and giving its details to the relevant officer;
mentioning the grievances and complaints of the general public in respect of police, in
writing, to the relevant officer and keeping a record of work done during the visit which
needs to be submitted to the relevant officer.

In Kerala itself, an earlier project, namely the Janamaithri Suraksha Project had paved
the way for „Community Police‟ system. Launched in 2008, this project involved policing
with the community, understanding the latter’s needs, special problems and prioritizing
community security25. At the centre of this project is the beat officer who is accessible to the
public, understands their needs and interacts with the community closely 26. House visits by
these beat officers are common. This helps them to build link with the community members.

To involve the community to give inputs for policing, Community Contact Committee
like in the Kerala Police Act, 2011 or Community Liaison Groups under the Model Police
Bill, 2015 can be created. These committees or groups consist of local residents to advise the
police in respect of their needs. In rural areas, a Village Defence Party can be formed on
similar lines as suggested in the Model Police Bill, 2015. Following this model, legislative
change backed with such schemes and projects can be introduced in other states.

23
FICCI Taskforce Report on National Security and Terrorism, Vol. 1, p.79.
24
FICCI Taskforce Report on National Security and Terrorism, Vol. 1, p. 80.
25
http://keralapolice.org/newsite/janamaithri.html .
26
http://keralapolice.org/newsite/janamaithri_social.html#jana2
 CHAPTER 4

JUDICIAL RESPONSE TO POLICE REFORMS IN INDIA AND

THEIR IMPLEMENTATION

According to the Constitution, the police is a state-run body. As a result, each of the
28 states has its own law enforcement agency. The Centre will also keep its own police forces
to help states uphold law and order. As a result, it continues to perform a variety of
specialized functions in seven Central Policing and many other police organizations,
including intelligence collection, investigations, research, recordkeeping, and education.
Police forces play a vital role in maintaining and implementing laws, prosecuting crimes, and
ensuring national safety and security. In a large and densely populated country like India,
police forces must be well- trained in terms of personnel, arms, forensics, communications,
and transportation support. They also need the right to act in order to fulfil their professional
responsibilities, while also being kept accountable for poor outcomes or misuse of power, as
well as adequate working conditions (i.e. regulating working hours and promotional
opportunities).27

In India, there has been ongoing debate about police and reform. Several commissions
appointed by the legislature are delivering government reports and recommendations on
police reform. The Supreme Court of India ordered police reform guidelines in 2006, but the
central and national governments either ignore or reject the Court’s direction. Commonwealth
Human Rights Initiative (CHRI) constantly monitors the status of the Court’s guidelines’
implementation all over the country. This article will provide an overview of Police Reforms
in India in brief, various judgment of Supreme Court of India with relation to Police Reforms
or Judicial responses to police reforms in India, and the implementation of guidelines given
by Supreme Court with due regards to Police Reforms in India.

The police are an exclusive subject under the State List. Any police law can be
enacted by a state legislature. However, the police have become puppets for politicians. The

27
Daruwala, M. & Joshi, GP & Tiwana, M. (2005). Police Act, 1861: Why we need to replace it? Police

Reforms too Important to Neglect too Urgent to Delay. Common Wealth Human Rights Initiative. PP 1-15.
Retrieved on April 04, 2021 at 02:00 PM
police Act of 1861, enacted by the British to quell dissent, is still in force in India. Now, India
has become a political and economic superpower, but the police remain paralysed. At the
same time, the police face many challenges and issues, which makes necessary for changes in
the police administration. For which, Hon’ble Supreme Court of India has issued many
guidelines for reforms of Police, but they are not implemented well.

The police are viewed as the vital arm of a state, rather than as the active arm by
which the state exercises control and power. The police have been a part of society since its
inception, but in British India in 1792 (lord Cornwallis) in western Bengal, which was later
extended to the province of Bombay, the formal and legal police force known as Darogah
evolved (1793). The Darogah system did not meet the then-expectations of government
because it was unable to control village police due to a labour shortage.

Before and after independence, a number of committees and commissions were

formed to address different aspects of improving the country’s police governance. It all
started with the creation of the 1st Police Commission shortly after 1857 in order for the
country’s police to recognize the regulatory framework. The findings of this Commission,
which was established in 1860, contributed to the passage of the 1861 Police Act, which still
governs the police.

The 2nd Police Commission was established in 1902 as part of an investigation into
the problems caused by the implementation of the 1861 Police Act. The Commission
produced a comprehensive report that covered numerous aspects of police force organization,
adequacy of planning, power, and pay, adequacy of reporting procedures for crimes,
investigation of offences, adequacy of police supervision by the Magistracy, superior
officers’ control of crime investigations, and the links between police railways. Interestingly,
even in the past, the police were far from effective, lacking in formation and organization,
and were regarded as “corrupt and oppressive.”

Many years after the independence, the need to revise policing governance was felt as
a result of changing economic, political, and social conditions in the country. Kerala created
the first Police Reform Committee after independence in 1959. Then came a slew of police
commissions appointed by various state governments in the 1960s and 1970s (“West Bengal
in 1960-61, Punjab in 1961-62, Delhi in 1968, Tamil Nadu in 1971”). The Commission for
Administrative Reform formed a Working Group on Police at the levels of central
government in 1966.28

Following this, the Gore Police Training Committee was formed in 1971, followed by
the NPC, which submitted eight reports between 1977 and 1981, proposing broad
improvements to the existing police structure as well as a Model Police Act. None of the
National Police Commission’s key guidelines have been enforced by any government. In
1996, two former Police Directors General (DGPs) filed a “Public Interest Litigation in the
Supreme Court”, demanding that the NPC’s guidelines to be enforced (Prakash Singh vs.
Union of India). The Court established the Ribeiro committee in 1998 to review the steps
taken to implement the recommendations.

As the case began in the Supreme Court in 2000, “the Minister of Home Affairs
formed the Padmanabhaiah Committee to investigate the needs of the police in the new
millennium.” In 2003, the Malimath Committee was formed for Criminal Justice Reforms in
India.

Police reforms : after-independence scenario

Following independence, the topic of “Police” is included in Schedule seven of the

State list. However, the central government may, on occasion, compel state governments to
introduce the required police reforms in order to meet people’s expectations. Following
independence, the country saw the formation of various committees and commissions to
examine various aspects of the Police Administration and recommend corrective measures. A
number of major developments in police reform have been addressed in this article.29

“Gore Committee” – The Government of India created a committee in November 1971 to

study existing police training programmes and make recommendations on how police officers

28
“Legal Accountability of the Police in India” (This article is an edited version of a Memorandum that CLPR

prepared for Centre for Human Rights, American Bar Association in 2013-14)

29
Martensson, E. (2006). The Indian Police System a reform proposal. Loksatta Foundation of Democratic

Reform, Hyderabad. Retrieved on April 04, 2021 at 11:27

could improve their effectiveness. Training is regarded as one of the most important factors
in increasing police morale and reliability.

The committee, chaired by social scientist Prof. M. S. Gore, proposed that training is
necessary for the following reasons-

1. To bring the necessary experience and skills to the police force,

2. Developing the most effective strategy,
3. Potential for effective decision-making, and
4. In order to inspire and create, creative thinking is needed.

The committee concentrated on broadening the content and scale of police training on
recognizing human behavior from the narrowest to the broadest possible. The Committee
emphasized the training as a “change-agent/car of change” signalling signpost that affects not
only the workers who serve but also those who are served.

“National Police Commission” – The government of the Union established the

National Police Commission in 1977, under the leadership of Dharamveer. The Commission
was given detailed references to emerging areas of the force, such as police-public relations
and political involvement in police operations. Between 1979 and 1981, the Commission
issued eight conclusions and made broad recommendations on sensitive policing issues. The
committee recommends that the State Security Commission be established in all countries, as
well as that the investigation process be independent of all outside influence, that the police
chief be given a fixed term, and, most importantly, that the new Police Act to be framed and
drafted.

“Vohra Committee” – The government of India established the Vohra Committee in

1993, chaired by Home Secretary N.N. Vohra, to examine the problems of political
criminalization and the ties between crime and politics. The Committee discovered an almost
identical crime network running government parallelly. According to the report, criminals
have joined politics and are thus misusing state police apparatus for their own benefits.

“Ribeiro Committee” – The Ribeiro Committee was established in May 1998 by the
Indian government to comply with Supreme Court orders resulting from the PIL submitted to
the National Police Commission for Recommendation (1977). This committee had a longer
term to investigate the measures taken “to implement the recommendations of the NPC, the
National Human Rights Commission, and the Vohra Committee.” The Ribeiro committee
issued two findings, proposing the creation of an advisory role and making recommendations
to the Police Performance and Accountability Commission. It recommended the creation of
District Police Claims and Police Establishment Boards, which would oversee additional
aspects of police administration.

Judicial responses to police reforms in India and their implementation

Several attempts to implement serious police reforms have been made over the past
thirty years. The National Policing Committee published eight findings between 1978 and
1981, making various recommendations but taking no steps to put them into effect. In
“Vineet Narian v. Union of India30”, the Supreme Court acknowledged that there is serious
need to implement those reforms, and the Ribeiro Committee published two reports: 1998
and 1999, 2000 and 2002 reports of the Central Government on the Padmanabhaiah
Committee, and 2002 report of the Malimath Committee.

These conclusions were reached as a result of the Supreme Court’s decision in

“Prakash Singh Union31”.

1.  The decision addresses the police organization’s autonomy, accountability, and

efficiency in general. Before legislation is enacted in this regard, the Supreme
Court has issued clear directives to the federal and state governments.

In the Prakash Singh case, the Supreme Court issued a landmark judgement in 2006
with seven directions or guidelines, (“six for the state and one for the union territory”),
directing the establishment of a state Security Commission to lay out broad policies and give
directions for preventive tasks and service, as well as forming the Soli Sorabjee Committee,
which proposed a Model Police Force. The Court directed to establish three institutions –

1. “The State Security Commission”, which would formulate broad policies and
provide direction for the police’s preventive and service-oriented functions.
2. “Police Establishment Board”, which is made up of the Director General of Police
and four other senior officers from the Department and is in charge of deciding on

30
1996 SCC (2) 199
31
2006 SCC 8
 transfers, postings, promotions, and other service-related matters for departmental
officers and men; and
3. “Police Complaints Authority”, which investigates serious wrongdoing by police
personnel at the district and state levels.

Furthermore, the Court directed that the “Director General of Police to be appointed
by the state government from among the three senior-most officers of the Department” who
have been nominated for promotion to that level by the UPSC, with a minimum tenure of two
years.

Officers assigned to operational duties in the region, such as the IG Zone, DIG Range,
SP i/c District, and SHO i/c Police Station, would be required to serve for a minimum of two
years.

In addition, the court mandated that investigating officers be separated from law
enforcement officers in order to ensure a faster investigation, better expertise, and stronger
public relations. “The Union Government was asked to establish a National Security
Commission to appoint and position heads of Central Police Organizations,” as well as to
improve the efficiency of these forces and their employees’ working conditions.

Trials, in which complainants may sue particular police officers for alleged
misconduct, are one method of holding the police accountable. Under criminal, public, or
private torture rule, the police may be held accountable. Penal law liability can be traced back
to the Criminal Code of 1973 and the Indian Penal Code of 1860, among others. The Indian
Constitution and administrative law are largely accountable to public laws for policing
misconduct, and private law liability for policing misconduct by torts has yet to occur in
India.32

32
Commonwealth Human Rights Initiative. (2010). Seven Steps to Police Reform. CHRI. PP 5-12. Retrieved on

April 04, 2021 at 05:29 PM from http://www.humanrightsinitiative.org/

Public laws accountability

The Indian Constitution and administrative law provide the foundation for public law
liability in relation to police forces. The courts repeatedly held that the police were liable
under public legislation and imposed monetary responsibility on the State in compensation
for harm incurred in violation of “fundamental rights specified in Part III of the
Constitution”, such as the rule of law, “the right to life and freedom, the protection from
arbitrary arrests and illegal detention, the protection from discrimination and unequal
treatment, and the protection from unequal treatment.” Beginning in the early 1980s, a series
of Supreme Court decisions established basic concepts that established monetary
compensation as an important remedy for holding a state accountable for police misconduct
and misuse of power.

The case of “Rudul Sah vs State of Bihar” 33(1983), in which the Supreme Court’s
three- judge bench exercised writ jurisdiction and issued an order to indemnify for violations
of Articles 21 and 22 of the Indian Constitution, can be considered a precedent. In this case,
the petitioner had been wrongly imprisoned for 14 years following his acquittal. He sought
restitution for wrongful incarceration, claiming that his arrest was completely unjustified.
Although the petitioner was entitled to demand compensation in a regular civil case,
the Supreme Court ruled that it would not merely do justice by issuing a warrant for release
and instead had the authority to appeal compensation to the State Government.

The Supreme Court in “Sebastian Hongray vs. Union of India 34”, awarded justice for
the torture, agony, and violence of two ladies whose husbands had gone missing when they
were being carried by military officers in Manipur to an army base, and because the detaining
authority had failed to produce missing persons.

Similarly, in the case of “Bhim Singh vs. the State of Jammu and Kashmir”, 35
the
Supreme Court awarded compensation to the claimant for his unlawfully detained by police.
Bhim Singh was a member of the State Legislative Assembly of Jammu and Kashmir. Its aim
was to prevent him from attending the Legislative Assembly session scheduled for September
11, 1985, while he was in illegal custody. The court concluded that “there was a clear

33
(1983) 4 SCC 141
34
 1984 AIR 1026
35
AIR 1986 SC 494
violation Article 21 and 22(2) by the police officers, who were in turn executing the orders
they had received from higher echelons”.36

A review of the aforementioned precedents reveals the following points. To begin

with, it is self-evident that a violation of fundamental rights as a result of police misconduct
can result in liability under public law, in addition to criminal and tort law. Second, for such a
violation of fundamental rights, monetary compensation can be awarded. Third, because the
State is held liable, the compensation is the responsibility of the State, not the individual
police officers found guilty of misconduct. Fourth, the Supreme Court has determined that
the burden of proof is high for proving police misconduct such as brutality, torture, and
custodial violence, as well as holding the State accountable. Only clear and unmistakable
violations of fundamental rights are eligible for such a remedy. Fifth, sovereign immunity
does not apply in cases of violations of fundamental rights and, as a result, cannot be used as
a defense in public law. The Supreme Court has mostly weighed in on cases involving
“extreme police misconduct, such as custodial deaths, police brutality, torture, and forced
disappearances”. In cases of clear and “gross violence that shocks the conscience of the
court,” courts have repeatedly ordered the State to compensate the victim and the victim’s
family. There is no universally accepted method for calculating compensation amounts.

“Unlike vicarious liability in public law, police officers’ criminal liability is personal in
nature.”

Liability under the Criminal Law

In terms of criminal liability, the “Code of Criminal Procedure of 1973 (CrPC)” gives
government employees procedural safeguards to prevent frivolous litigation against officials
performing public functions. Sections 197 and 132 of the Criminal Procedure Code (CrPC)
have been preserved to offer protection to 26 police officers. The above section demands that
permission be obtained from the Central or State Government before any disciplinary action
is taken against a police officer accused of committing a criminal offence “whether acting or

36
Commonwealth Human Right Initiative. (2011). Police Reforms Debates in India. Commonwealth Human

Right Initiative, Better Policing Series in India. Retrieved April 05, 2021 at 10:09 AM
from http://www.humanrightsinitiative.org
purporting to act within the discharge of his official duties.” Similarly, Section 132 forbids
the government from suing police officers for any act allegedly committed under Criminal
Procedure Code sections 129 to 131, “which deal with controlling an unlawful meeting that is
alleged to have caused a breach of peace.” The convicted police officer is protected under
Section 132 if he or she can show that he or she attempted to disperse the unlawful assembly
and, when that failed, used force.

In the case of “P.P. Unnikrishnan v. Puttiyottil Alikutty 37,” two police officers were
accused of unlawfully detaining and torturing a complainant for several days. The Supreme
Court’s division bench had to deal with a “defense raised by police officers under Section 64
of the Kerala Police Act, which provides procedural safeguards against legal proceedings
brought against police officers acting in good faith in the execution of any duty imposed or
authority conferred by the state.” According to the Supreme Court, this clause is based on the
reasoning of Section 197 of the Cr.P.C.

As a result, the Supreme Court stated in its discussion, the scope of Section 197(1) that,
“There must be a reasonable connection between the act and the discharge of official duty;
the act must bear such relation to the duty that the accused could lay a reasonable, but not a
pretended or fanciful claim, that he did it in the course of the performance of his duty.” The
Court also provides an example in which a police officer not only violates his duties, but also
acts beyond the scope of his position when he confines a prisoner in lock-up for more than
twenty-four hours without the permission of the court or commits assaults, and is thus not
protected by the provisions of Section 197 of the Cr.P.C. In a three-day police torture case, a
single bench of the Gujarat High Court applied this Section 197 interpretation.

Another case is “Uttarakhand Sangharsh Samiti v. State UP 38,” in which a divisional

bench of the High Court of Allahabad heard a case of mass human rights abuses, including
the shooting of protestors at a protest assembly, which resulted in the loss of twenty-four
lives, mass murder and rape, unlawful arrests, and a high number of prisoners per person.

When the issue of a State Government’s sanction under Section 197 of the Cr.P.C.
arose in this case, the division bench held that “it is not every act done by a public servant
while on duty which falls within the purview of S. 197 but only those acts which have direct
nexus to the discharge of official duty.” “Relying on Privy Council as well as Apex Court
37
2000 AIR (SC) 2952
38
LAWS(ALL)-1995-6-6
judgments”16, acts of arbitrary restraint and detention, the planting of weapons to show false
recovery, the intentional shooting of unarmed agitators, the fabrication or framing of
misleading records, the commission of rape and violence, and so on have all been said to be
acts or believed to have been committed in the course of official duties.

Based on the precedents, the following conclusions can be drawn. The procedural
safeguard provided by Section 197 Cr.P.C. applies only if the offender police officer may
demonstrate that the alleged criminal act was committed while performing official duties. So,
if the offending officer’s behaviour was in the course of his duties is an important factor in
determining whether or not to charge a police officer. Second, whether or not the police
activities were carried out of service is determined by whether or not they are specifically
authorised to that task.39

Implementation of Supreme Court directions

The Court ordered the Union and the States to comply with its orders by the end of
2006. This deadline was then extended until March 31, 2007. The Court ruled that the
“directives would be in effect until the Central Government draughts a model Police Act
and/or the State Government passes the necessary legislative provisions.” Initially, the Court
itself monitored all Union states and territories.

However, in 2008, it established a three-member Monitoring Committee with a two-

year mandate for each State to determine compliance and report on a regular basis. The
Supreme Court has also appointed Justice Thomas to chair a committee that will present a
report in 2010.

It was articulated “dismay over the total indifference to the issue of reforms in the
functioning of Police being exhibited by the States”. In the light of rape cases in 2012,
“another committee formed under Justice Verma to review amendments to criminal law
deplored the lack of implementation of the Court’s seven directions not being implemented in
the Prakash Singh case.”

An examination of the current situation of SC guidelines reveals a dreadful image. Seventeen

states have enacted a new law legitimising the status quo in a court that is perceived to be
39
https://www.indiaspend.com/police-judicial-reforms
bypassing the directions, while other states have passed only executive orders. Those states
are “Assam, Bihar, Chhattisgarh, Gujarat, Haryana, Himanchal Pradesh, Karnataka, Kerala,
Maharashtra, Meghalaya, Mizoram, Punjab, Rajasthan, Sikkim, Tamilnadu, Tripura,
Uttarakhand”.

The Central Government should also approve the Delhi Police Bill at the time when it
was presented before them. The Hon’ble Prime Minister issued a strict, sensitive, modern and
mobile police vision, alert and accountable, trustworthy and accountable, technologically
sound and informed, for SMART Police in November 2014.40

In 2006, the Hon’ble SC gave a landmark judgement in the Prakash Singh case with
seven directions (six for the state government and one for the Union) for setting up of state
Security Commission to lay down broad policies and give directions for preventive tasks and
service and constituted the Soli Sorabjee Committee which suggested a Model Police Act.
The Court directed the setting up of three institutions, namely:

a) State Security Commission which would lay down the broad policies and give
directions for the performance of the preventive tasks and service oriented
functions of the police;
b) Police Establishment Board comprising the Director General of Police and four
other senior officers of the Department which shall decide transfers, postings,
promotions and other service related matters of departmental officers and men;
and
c) Police Complaints Authority at the district and state levels with a view to
inquiring into allegations of serious misconduct by the police personnel.

Besides, the Court ordered that the Director General of Police shall be selected by the
state government from amongst the three senior-most officers of the Department who have
been empanelled for promotion to that rank by the UPSC, and that he shall have a prescribed
minimum tenure of two years. Police officers on operational duties in the field like the IG
Zone, DIG Range, SP i/c District and SHO i/c Police Station would also have a minimum
tenure of two years.

40
https://www.thehindu.com/opinion/lead/police-reform-and-the-crucial-judicial-actor/article31965573.ece
 The Court also ordered the separation of investigating police from the law and order
police to ensure speedier investigation, better expertise and improved rapport with the people.

The Union Government was asked to set up a National Security Commission for the selection
and placement of heads of Central Police Organizations, upgrading the effectiveness of these
forces and improving the service conditions of its personnel. 41

The Court directed the Union and the States to implement its orders aforesaid orders
by the end of 2006. This deadline was subsequently extended till March 31, 2007. The Court
opined that its directions would be operational till a model Police Act is prepared by the
Central Government and / or the State Government pass the requisite legislations.

Initially, the Court itself monitored compliance of all States and Union Territories.
However, in 2008 it set up a three member Monitoring Committee with a two year mandate
to examine compliance state by state and report back to it periodically. The Supreme Court
also appointed the Justice Thomas Committee which submitted a report in 2010. It expressed
“dismay over the total indifference to the issue of reforms in the functioning of Police being
exhibited by the States”. Another committee constituted under Justice Verma to examine
Amendments to Criminal Law in the context of a gang rape incident in 2012 deplored the
lack of implementation of the Court’s seven directions in the Prakash Singh case.

The status of Compliance of Supreme Court’s directions (As on August 1, 2016) is

attached as Annexures. Annexure-I shows the states which have passed executive orders and
Annexure-II shows states which have passed Acts.

A review of the status of implementation of the SC directions reveals a dismal picture.

In what is considered to be bye-passing court the directions, seventeen states (Assam, Bihar,
Chhattisgarh, Gujarat, Haryana, Himachal Pradesh, Karnataka, Kerala, Maharashtra,
Meghalaya, Mizoram, Punjab, Rajasthan, Sikkim, Tamilnadu, Tripura, Uttarakhand) passed
new laws legitimizing status quo while other states passed merely executive orders. Even
Central government has yet to pass the Delhi Police Bill. However, even these are not
reflected at the ground level.

In November 2014 the Hon’ble PM unveiled his vision for SMART Police – police
which should be strict and sensitive, modern and mobile, alert and accountable, reliable and
responsible, techno-savvy and trained.
41
https://www.drishtiias.com/daily-updates/daily-news-editorials/police-reforms-in-indian-criminal-justice-
system
 CHAPTER 5

CONCLUSION

The literature on the Indian police system is meagre. The role of the police has
evolved continuously and still needs change. There is an urgent need to transform it into a
professional service rather than one who is simply following the orders of the authority
unmindfully. The training, ethics, conduct in public, public dealing mannerisms, criminal
procedure codes, power, and freedom of police are certain aspects of the police department
that need a complete overhaul. The image that has been carried by the police from the British
era of a pan chewing, discourteous, rude, aggressive and bully figure in khaki needs to be
changed. In fact, the real situation of the police needs to be mended, like that of being
underpaid, understaffed, overworked, stressed, demoralized, inadequately trained and
equipped, subjected to political interference, and so on.

Also, in a free society people have a right to know how they are being protected by
the police. The cooperation of the public is very important for the police to work effectively
which is determined by the degree of trust and respect enjoyed by the police. Police must
realize that with changing times its role in society has undergone a sea of changes. Conflict
resolution and rendering assistance to distress are demanding their time and attention more
than dealing with crime and criminals. If the duty has changed, so should the working and
conduct of police to garner the lost faith, trust, and cooperation of the very people for whom
the police always stand determined and dedicated to protecting. 

Police reforms has been on the agenda of Government almost since independence, but
even after these many years, the police is seen as inefficient, unsympathetic to the under
privileged. It is further accused of politicization. In this regard, one needs to note that the
basic framework for policing in India was made way back in 1861 and we are still following
that only with little changes, whereas society has undergone dramatic changes. The public
expectations from police have multiplied and newer forms of crime have surfaced. The status
quo of police administration is not in favour of welfare of people and it need to be changed.
The policing system needs to be reformed to be in tune with present day scenario and
upgraded to effectively deal with the crime and criminals, uphold human rights and safeguard
the legitimate interests of one and all. Police reforms in India is Sine qua non for functional
democracy and for citizens to enjoy their rights without any fear. The demand for Police
reforms is more than 100 years old. Since then many reports are made with dust gathering on
them. It is high time to see to it that more needs to be done than mere structural changes. It
has now become essential to see police as service organization. Thus it is high time to bring
in a new police system in India to ensure greater accountability, efficiency and a citizen
service minded approach.

Given today’s complex security threats, there is an urgent need for a fast- growing
economy like India to have secure surroundings. Terrorism, left-wing extremism, cybercrime,
and law and order issues necessitate the establishment of a large and efficient internal
security police force. A review of the police governance structure, the administrative process,
and the issues confronting the police force, all of which call for policing reform to be one of
the country’s highest priorities. For which we have discussed the various case laws in which
we got an idea that what were the responses of Judiciary to Police Reforms in India. Under
judicial accountability, the victim of police misconduct has recourse under public law or
criminal legislation. Compensation may be provided to victims or their family members in
each of these forums.

However, the remedy of public law is the most often used. And then this article
discussed about the landmark judgment for police reform that is Prakash Singh judgment in
which Hon’ble Supreme Court delivered guidelines for police reforms.

However, since only a few states have implemented these recommendations, and the
process has yet to take off. Although it provides the “institutional design required to become
a potentially effective mechanism of police accountability, there is little evidence of political
will to do so on the ground.”