FORENSIC SCIENCE

Who is police? Mention their powers & functions of police

State salient features of Police Act, 1861

Name: Anjali Raj

Roll no: 7
PRN: 2017033800068644
Semester: VIIIth
Date of Submission: 22/02/2021
 INTRODUCTION
Quite possibly the most universal associations of the general public are police. The Police, in this way
end up being the most obvious delegates of the public authority. Police is the passage point framework
as they establish the front line of the proper Criminal Justice System. In an hour of need, risk,
emergency and trouble, when a resident doesn't have the foggiest idea, what to do and whom to move
toward the police headquarters is by all accounts the most suitable and congenial unit and individual
to them. Announcing or grumbling about wrongdoing sets into movement the Police is engaged to
gather the best proof, investigate observers, capture look and seize and so on the police are
subsequently expected to be the most available, intelligent and dynamic association of any general
public. The jobs hence played by the police in the general public are normal to be changed, and diverse
from one perspective: and confounded, knotty and complex on the other. Too, at a metaphysical level,
the police are significant considering the way that individuals are imperfect components. Individuals
have no inborn better than average, no neighbourhood sensation of altruism. But in the event that
suitably blended and taught to truly zero in on others, individuals will default to paying exceptional
brain to number one. It's a short journey starting there to pursuing the slight and powerless. The police
are the confirmation instrument for the structure that prosecutes, convicts, and confines blameworthy
gatherings. The police are central as society's first line of assurance against the forces of disarray.
 WHO IS POLICE?
Police winds up being the most unmistakable expert of government and in the most impervious sense
they ought to be the chief body who is being progressed toward when something wrongly is done
against residents. Police is the restriction of that piece of the genuine gear of government which is
reprimanded for the protecting of public sales and serenity. The police work for law essential working
environments inside their nation, district, or city, and make a grave vow to ensure and serve the
occupants they address. Police powers are normally open area administrations, financed through taxes.
Law authorization is just essential for policing activity. Policing has remembered a variety of exercises
for various circumstances, yet the prevalent ones are worried about the safeguarding of order. Police
are the implementers of law, chasing their obligations they are conceded unique forces to utilize power,
as people and as a group, to cause others to adjust to the laws of their general public. Their most
significant job is to research and make decisions with regards to whether laws have been broken, and
if so to utilize what drive important to capture and contain those mindful and present them to be decided
by representatives of society.

POWERS AND FUNCTIONS OF POLICE

➢ GENERAL DUTIES
• To maintain and implement the law fair-mindedly, and to secure life, freedom, property, common
liberties and nobility of the individuals from people in general.
• To advance and save public request.
• To ensure inner security and to secure public properties.
• To forestall violations and to lessen chances of commission of Crimes through other preventive
activity.
• Give all essential help to casualties of Crime and furthermore to the general population.
• To precisely enrol all grievances brought to them by the complainant and to explore the equivalent.
• Safeguard and secure basic freedoms and interests of more fragile areas.

1.FILING FIR:

FIR represents First Information Report. FIR is essential for the police to start their examinations
concerning a wrongdoing which is most significant capacity of the police in the Criminal Justice
System. The law expresses that is obligatory for an official responsible for a police headquarters to
enrol a FIR at whatever point an individual gives data about an offense. This data can be given to the
police either orally or composing. The FIR should specify the date, time and spot of the offense
subtleties and about the offense including a portrayal of the occasions. It should express the name and
address of the complainant. The complainant likewise has a lawful option to get a duplicate of the
equivalent.
2. INVESTIGATION:
The main capacity of the police is to investigate any grievance that is accounted for in their station.
Investigation incorporates recording articulations of witnesses and gathering all the proof identified
with the case. Based on the investigation the police record a charge sheet in the court on the off chance
that they are persuaded of the blame of the denounced individual. The police don't have the position
to choose whether an individual is liable or not.
3. MAINTAIN LAW AND ORDER:
The police power in the nation is depended with the duty of support of public request and avoidance
of discovery of violations. Each States and Union Territory of India has its own different police power.
Article 246 of the Constitution of India assigns the police as a state subject, which implies that the state
governments outline the guidelines and guidelines that administer each police power.

4. CRIME SCENE INVESTIGATION:

Investigating on –
o Information on the body of the Crime
o Information to link a suspect with witness/victim
o Information linking to a person of the Crime Scene

DUTIES OF POLICER OFFICERS UNDER POLICE ACT

Section -23
It will be the obligation of each police immediately to comply and execute all requests and warrants
legitimately gave to him by any skilled power; to gather and impart insight influencing the public
harmony; to forestall the commission of offenses and public irritations; to recognize and deal with
wrongdoers and to capture all people whom he is legitimately approved to catch, and for whose anxiety
adequate ground exists; and it will be legal for each cop, for any of the reasons referenced in this
segment, without a warrant, to enter and investigate any drinking-shop, gaming-house or other spot of
resort of free and tumultuous characters.
Section – 24
To lay information
Police may lay information, and so on - It will be legal for any police to lay any information before a
Magistrate, and to apply for a summons, warrant, court order or such other lawful interaction as may
by law issue against any individual submitting an offense.

Section – 25
To take charge against unclaimed property
Police-officer to assume responsibility for unclaimed property, and be dependent upon Magistrate' s
arranges as to removal - - It will be the obligation of each cop to assume responsibility for all unclaimed
property, and to outfit a stock thereof to the Magistrate of the region.
 Section – 31
Police to keep order in public roads, etc
It will be the obligation of the police to maintain control on the public streets, and in the public roads,
avenues, ghats and landing-places, and at all different spots of public hotel, and to forestall checks on
the events of congregations and parades on the public streets and in the public roads, or in the
neighbourhood of spots of love, during the hour of public love, and regardless when any street, road,
lane, ghat or landing-spot might be crowded or might be responsible to be deterred.

Section – 44
Police-officers to keep diary
It shall be the duty of every officer in charge of a Police Station to keep a general diary in such form
shall, from time to time, be prescribed by the [State Government] and to record therein all complaints
and charges preferred, the names of all persons arrested, the names of the complainants, the offences
charged against them, the weapons or property that shall have been taken from their possession or
otherwise, and the names of the witnesses who shall have been examined.

POWERS TO INVESTIGATE Cr. PC

Power to Investigate Cognizable and non-cognizable Offences

Section 54: The officer in-charge of a police station is empowered to investigate every cognizable
offence within the jurisdiction of that police station. Even if the police officer investigates a cognizable
offence registered in his police station but beyond that jurisdiction, it cannot be questioned. Police
officers, of and above the rank of Head Constable, posted at the police station are empowered to
investigate cognizable cases.

Visit Scene of Crime Without Delay

Section 55: After registration of the offence and sending FIR, the police officer has to proceed
in person or he shall depute one of his subordinate officers to proceed to the spot for investigation and
also for taking measures for discovery and arrest of the offender. In case the offence is not of a serious
nature, the police officer need not proceed in person or depute a subordinate officer to make
investigation on the spot. If it appears to the police officer that there is no sufficient ground for entering
on investigation, the police officer need not investigate such a case. Where the Police Officer does not
investigate the case as no sufficient ground for investigation is found, then the police officer shall
prepare case diary and send final report.

Protection of Crime Scene

Section 59: The investigating officer, on reaching the scene of crime should secure the crime scene
from getting disturbed or being changed by any persons, intentionally or unintentionally.
 SPECIAL FEATURES OF POLICE ACT, 1961
Under the Indian Constitution, the Police are a state concern. For our motivations, it is critical to set
up which substance has authority over police act. The actual police are under the protection of the
Ministry of Home Affairs. But the component which checks police lead isn't to be found there. The
police examine official offense and defilement, however just with regards to the unfortunate behaviour
of other government authorities and not to police wrongdoing itself. In terms of inside disciplinary
examinations, the police are liable for training their own. The obligations of the police are indicated in
the Police Act of 1861, a leftover of pilgrim decide that was intended to be exceptionally battle ready
and dictator.
1. PREAMBLE OF THE ACT:
The introduction of the Police Act of 1861 states that ordered to redesign the Police and to make it
a more proficient instrument for the anticipation and identification of wrongdoing. The
introduction of the demonstration clarifies that the part of the police is similarly as an instrument
for avoidance and discovery of violations. The job of the police is restricted to the law
implementation work.

2. CONTROL AND SUPERVISION:

Under the Police Act 1861, the administration of the police vests in the State Government and it is
practiced by the State Government to which the Police Officer is Subordinate. The organization of
the Police as per the demonstration vests in the Inspector-General of Police and in such Deputy
Inspectors-General and Assistant Inspector-General, as the State Government thinks about fit.

3. APPOINTMENT:
The Police Act, 1861 states that arrangement of the police is liable to article 311 of the constitution
and such standards as the State Government may occasionally make under the demonstration.

4. STRENGTHENING AND POLICE INVESTIGATIONS:

Under the Police Act, 1861 the introduction unmistakably expresses that "though it is convenient
to rearrange the Police and to make it a more productive instrument for the avoidance and location
of wrongdoing. The Police Investigation directed are administered by the arrangement of Code of
Criminal Procedure and there is no particular segment in the Police Act, 1861 which accommodates
it.

5. POLICE OFFENCES:
The rundown of offenses submitted by police under the Police Act, 1861 incorporates wilful
penetrate or disregard of any standard or guideline or legitimate request; withdrawal from
obligations of the workplace or being missing without consent or sensible reason; drawing in
without expert in any business other than police obligation; weakness; and making any
unjustifiable brutality any individual in her/his guardianship. The punishment for these offenses is
fine as long as a quarter of a year's compensation or detainment as long as a quarter of a year or
both.
The Act has made it easier for others to abuse and misuse the police organisation. It has been
possible for people in positions of power to do so because of the following reasons:

The Act gives the government, the authority to exercise superintendence over the police, without
defining the word. Superintendence. or prescribing some guidelines to ensure that the use of
power will be legitimate.
 CONCLUSION

Individuals can't go rogue. The reasoning behind this thinking is that the state is available to secure its
residents and to establish a climate for acknowledgment of basic freedoms. There is no privilege of
private guard in situations where there is sufficient chance to have response to public security. Along
these lines, residents guarantee security from the state for their government assistance and it is the
corresponding commitment of the state to guarantee the standard of law through its foundations. Need
for Police. Residents anticipate that police should ensure their privileges and to give them security to
have a tranquil existence, without any dread. Assumptions from the Police. But tragically, the picture
of police today isn't that of a defender of the honest people however as a scoundrel, colluder with
lawbreakers and quite possibly the worst arms of the public authority. The connection between the
police and people in general has arrived at a point where the residents rather try not to report a
wrongdoing to the police. In an overview done by Transparency International India in 2005, 87% of
the respondent to the study concurred that there was defilement in the police force,74% felt that the
nature of administration they got was insufficient and 47% were constrained to offer an incentive for
their FIR to get documented. Loss of Public confidence. Subsequently, there is a pressing need to
change the Indian Police System.
 REFERENCES

• https://www.indiacode.nic.in/handle/123456789/2264?view_type=browse&sam
_handle=123456789/1362
• https://indiankanoon.org/doc/1612841/
• https://legislative.gov.in/actsofparliamentfromtheyear/police-act-1861