The Police

The Police Officer is an important authority who is the backbone of criminal

law in India. They are responsible for maintaining the law and order of the
country. They are also responsible for the enforcement of various laws and
orders. The police officers have various powers and functions that help to
prevent various crimes happening in our country. There is no definition of the
term “Police” in the Code of Criminal Procedure but the term is defined in the
Police Act of 1861. According to the Police Act, 1861 all the persons who are
enrolled under the Act are known as the Police.

The Police Act, 1861

The Police Act, 1861 is a comprehensive code that deals with the appointment,
dismissal, and functions of the police officers. The main aim of the Police Act is
to reorganize the police forces whenever necessary and to make the police
forces more effective. The Police Act contains 47 sections which deal with the
various aspects of the police force. The Police Act of 1861 is a legislation that
was brought by the British officers after the First war of independence. There
are various states like Kerala, Maharashtra, Gujarat, and Delhi that have
formulated a separate Police Act for their states but they are very similar to
the Police Act, 1861.

Organisation of the police

Section 2 of the Police Act, 1861 deals with the constitution of the Police force.
The State Government is responsible for establishing a Police force in that
State. According to this Section, the entire Police establishment under the
State Government is deemed to be a single Police force. The State Government
can decide the number of officers to be appointed and it varies from time to
time. Section 3 provides that the superintendence of the Police and that has to
be exercised by the State Government. The Inspector-General of Police is
responsible for the administration of the Police department. The hierarchy to
be followed while exercising power is Deputy Inspectors-General, Assistant
Inspectors- General, Superintendents, etc. According to Section 5, the State
Government may impose any restrictions on the powers of the Inspector-
General of the Police.

Section 7 of the Police Act deals with the appointment and dismissal of the
inferior officers. This Section provides powers to the Inspector-General, Deputy
Inspectors-General, Assistant Inspector-General and District Superintendents
of Police to dismiss, suspend or reduce any police officer of the subordinate
ranks. This action is taken when the officers are negligent in discharging their
duties. There is a certificate provided to the Police Officers after their
appointment according to Section 8 which allows him to exercise powers
provided by the Act. Section 17 of the Act deals with the appointment of
Special police officers. Special Police Officers are appointed in a situation when
there is a riot or disturbance of peace in any form and the Police Officer
normally appointed cannot handle the situation. The Special Police Officers are
appointed by the Inspector General in charge after providing a proper
application to the Magistrate. The powers of Special Police Officers are the
same as the normal Police Officers. According to Section 20, the Police Officers
can exercise only the authority provided in the Act and cannot exercise any
other power exceeding this Act.

Functions of the police

Section 23 of the Police Act, 1861 deals with the functions of the Police Officer.
According to this Section, it is the duty of every Police Officer,

1. To collect and communicate intelligence.

2. To prevent the commission of offences and public nuisance.
3. To figure out and bring offenders.
 4. To promptly obey and execute all orders executed to him by any
competent authority.
5. To arrest all persons if any crime is committed and whom he is legally
authorized to arrest.
6. To enter and inspect any drinking or gambling house or other places
without a warrant to solve loose or disorderly characters.
Section 25 provides that it is the duty of every Police Officer to take charge of
unclaimed property. The Police Officer has to pay a penalty for neglecting his
duty. The Magistrate might even punish Police Officers with imprisonment if it
is necessary.

Other Police Acts

The Police Act is the main legislation which regulates the Police forces in India.
The various provisions in Indian Penal Code, 1860 and the Criminal Procedure
Code are also responsible for regulating various functions of the Police. There
are also certain provision like Section 26 and Section 27 in the Indian Evidence
Act, 1872 which provides power to the Police to record confessional
statements. There are also different regulations and manuals, for example, the
manuals in Tamil Nadu which regulates the various functions and duties of
Police.

Importance of Police under the Code

The Police are provided with lots of duties and powers under the Code of
Criminal Procedure, 1973. Section 151 of the Code provides power to arrest a
person without any warrant and orders from Magistrate to prevent the
commission of any cognizable offences. The person arrested cannot be
detained in custody for a period not exceeding more than 24 hours from his
arrest. This period can also be extended if it is required by the various
provisions of this Act or other laws in force. According to Section 154, the
Police Officers have the power to record every information provided orally if it
relates to the commission of a cognizable offence. This Section also says that
certain complaints can be recorded only by the women Police Officers if a
complaint is given under the various provisions of the Indian Penal Code which
relates to the offences against women, Section 156 of the Code provides
power to the Magistrate to investigate any cognizable offence within their
jurisdiction without the order of any Magistrate.
 Click Above
Public Prosecutors
Section 24 of the Code of Criminal Procedure deals with the Public Prosecutor.
The main function of the office of Public Prosecutor is to administer justice and
to secure the public purpose entrusted with him. The Public Prosecutor is an
important officer of the State Government and is appointed according to the
provisions of this code. The Public Prosecutor is an independent statutory
authority and is not a part of any investigating agency.

It is mandatory to appoint a Public Prosecutor in all the cases when the

prosecution is against the State. The Court cannot provide any reasons like
shortage of funds to appoint a Public Prosecutor. The Advocate-General
cannot become a Public Prosecutor unless he is appointed under Section 24.
The relationship between the Public Prosecutor and the Government is that of
a counsel and a client. The Public Prosecutor shall never be partial to either the
accused or prosecution.

There are various classes of Public Prosecutor like,

1. Public Prosecutors appointed by the State Government and the Central

Government;
2. Additional Public Prosecutors appointed by the State Government;
3. Special Public Prosecutors appointed by the Central Government;
4. Special Public Prosecutors appointed by the State Government.
Public Prosecutors and additional public prosecutors for High Court
Section 24(1) of the Code of Criminal Procedure provides powers to the Central
Government or State Government to appoint a Public Prosecutor for every
High Court. They can also appoint one or more Additional Public Prosecutors.
The appropriate Government can appoint the Public Prosecutors after
consultation with the High Court. The eligibility of the person to be appointed
as a Public Prosecutor is that he should be practising as an Advocate for not
less than seven years.

Public Prosecutors and Additional Public Prosecutors for districts

Section 24 provides various rules regarding the appointment of Public
Prosecutors and Additional Public Prosecutors for districts. The Central
Government can appoint one or more Public Prosecutors for conducting cases
in any district or local area. The State Government can also appoint one or
more Additional Public Prosecutors for the district. The Public Prosecutor or
Additional Public Prosecutor appointed for a district can also be appointed for
another district in certain cases. The District Magistrate will prepare a panel of
names of persons who are eligible to be appointed as a Public Prosecutor or
Additional Public Prosecutor. This list is prepared after consulting the Sessions
Judge. The State Government cannot appoint any other person as the Public
Prosecutor or Additional Public Prosecutor other than the persons provided in
the panel of names.

Assistant public prosecutors

Section 25 of the Code of Criminal Procedure deals with the appointment of
Assistant Public Prosecutors. The State Government has to appoint one or
more Assistant Public Prosecutors for conducting prosecutions in different
districts. The Assistant Public Prosecutors have no right to practise as
advocates or defend the accused in criminal cases. Their only work is to
conduct prosecutions on behalf of the State. A police officer who is not below
the rank of Inspector and who has not taken part in the investigation of
offence can also be appointed as Assistant Public Prosecutor when there is no
availability. The Assistant Public Prosecutors are full-time Government
servants.

In the case of Kannappan v. Abbas, the Madras High Court held that the
permission granted by a Magistrate permitting the accused to appear for the
accused was without jurisdiction. The Public Prosecutor is not competent to
act as a defence counsel even in a private criminal complaint against police
officers.

Role of the Prosecutors

The Public Prosecutors are appointed to conduct any prosecution, appeal or

any other proceedings on behalf of the Central Government or State
Government. The Public Prosecutor is bound to satisfy himself that there is a
justification to seek an order of remand to judicial custody and to assist the
Court, for example in a case, the Assistant Public Prosecutor conducted a case
under the Prevention of Food Adulteration Act, the trial was impaired as the
Assistant Public Prosecutor has no authority to conduct those cases.
Court

The Courts are another important functionary under the Code of Criminal
Procedure. There are various classes of Criminal Court like,

● Courts of Session;

● Judicial Magistrates of the first class and, in any metropolitan area,

Metropolitan Magistrates;
● Judicial Magistrates of the second class; and

● Executive Magistrates.
The Code of Criminal Procedure has clearly differentiated the various functions
of the court and has dedicated various powers to various classes of Courts in
Chapter three of the Code of Criminal Procedure. Section 26 of this code
mentions that the High Court, the Court of Session or any other Court as
specified in the First Schedule of the Code of Criminal Procedure is eligible to
try offences provided under the Indian Penal Code. Section 28, Section
29 and Section 30 deals with the various kinds of sentences that can be passed
by different Courts which helps the procedure of trial and also the powers
between the Courts get distributed properly. The Courts govern the entire
process of trial and acts as a regulating authority.

The Defence Counsel

Every person arrested by the police has a right to defend himself with the help
of a counsel. In the case of State of Madhya Pradesh v.Shobharam, it was
provided that any law that takes away the right to defend is against the rights
guaranteed in the constitution. This provision should be construed in relation
to Article 22 of the Constitution which provides the right to free legal aid to the
accused. The arrest leads to restriction of personal liberty and thus the right to
defend himself by the counsel of his choice is a compulsory right. Section
303 of the Criminal Procedure Code provides this right to appoint a defence
counsel of their choice. This provision must be construed liberally in favour of
the accused along with the other provisions and orders issued by the High
Courts. A defence counsel should be provided to the accused even in cases of
committing capital offences where they have no right to defend themselves.
The right guaranteed under this Section is indispensable as it guarantees a fair
trial. When the accused is not represented by counsel, it is the duty of the
court to put appropriate questions to the witnesses in cross-examinations in
order to find out the truth. The court also has the duty to examine the
evidence.

Prison authorities and correctional services personnel

The Prison authorities are not directly governed by the Code of Criminal
Procedure even though they are involved in the various stages of the
proceedings. The Prisoners Act, 1900 is an important act which governs the
various duties of prison authorities. According to Section 3 of the Prisoners Act,
the officer in charge has the duty to detain persons who are convicted until the
person is removed in due course of law. Section 4 of the Prisoners Act gives the
officers to return the order, writ or warrant to the court after the discharge of
persons who committed the crime. The State Government has powers to
appoint prison authorities. The prison personnel are appointed for the
management of correctional services like providing recreational services and
securing the safety of inmates.

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The Police

The definition of term Police is not defined in the Criminal Procedure Code,
therefore it is defined in the Police Act,1861. The Police officer is responsible
for maintaining the law and order of the nation and they have the power to
enforce laws and orders. The Central as well the State Governments provides
for setting up their organisations. In Prakash Singh v.Union of India[i], the
guidelines regarding the reorganization of the police was given by the Court.
The major function of the police is to prevent crimes and maintain peace in the
society

Section 151 of the Code of Criminal Procedure deals with the power to arrest a
person without warrant and the person shall not be detained for more than
24hours from his arrest. It is necessary to produce him before the Magistrate.
The Police officer has the power to record statements made orally in the
commission of the cognizable offence[ii]When the cognizable offence
happened against women under the certain provisions of the Section154, then
the statement shall be recorded by a women police officer only. Under
Section156 of Code, it gives power to the police in charge of the cognizable
offence within their jurisdiction to investigate into the case without the order
of a Magistrate.

Prosecutors

Section 24 and Section 25 of the Criminal Procedure Code defines the

appointment and qualifications of the Public Prosecutor and Assistant Public
Prosecutor. The Central Government and the State Government are
empowered with the power to appoint prosecutors for conducting prosecution
for state and other proceedings in High Court, Sessions Court or Court of
Magistrate.

Public Prosecutor In High Court

The Central and State Government after the consultation with the High Court
appoints a Public Prosecutor and Additional Public Prosecutor. They are
appointed to conduct the prosecution and other proceedings of the State or
Central Government.[iii]A Public Prosecutor or an Additional Public Prosecutor
can be appointed if he has not less than seven years of practice as an advocate.

In Sessions Court
The District Magistrate(Collector) in consultation with the Sessions Court Judge
prepare a panel of names of persons who are eligible to be the Public
Prosecutor or Additional Public Prosecutor of the Sessions Court. The State
Government need to appoint the Public Prosecutor or Additional Public
Prosecutor by the panel of names. Both the Central and the State government
can appoint one or more Public prosecutor and Additional Public Prosecutor
for the SessionsnCourt.To appoint as a Public Prosecutor or Additional Public
Prosecutor, the advocate must have practice not less than seven years.

In Abdul Khader v. The State Of Kerala, [iv]it was held that a district
Magistrate cannot delete a person name from the panel as it is was
recommended by the Sessions Judge and he cannot add the name of a person
to the appointment of Additional Public Prosecutor without the consultation of
Sessions Judge.

Special Public Prosecutor

A special public prosecutor can be appointed in special circumstances. The
Central Government and the State Government appoints the Special Public
Prosecutor for the prosecution of any case, the prosecutor must have
experience not less than 10 years as an advocate.

Assistant Public Prosecutor

The State Government can appoint Assistant Public Prosecutor for the
prosecution of cases in different districts. Under Section 125 of the Code, The
state can appoint an assistant public prosecutor. They have only the right to do
prosecution for the state and cannot practice as an advocate independently.
He is considered a full-time government servant. If there are no public
prosecutors available for a case, the collector of the district can appoint
assistant public prosecutor in charge of that case. A police officer can be
appointed as an assistant public prosecutor, he shall not be an officer below
the rank of Inspector.

Court

The Court are classified into various classes of Criminal Courts under CrPc, and
the Court as a Judicial Authority is the important part of the judicial
administration of the State. Section 6 of the Criminal Procedure Code,1973
describes the following criminal courts:

i. Court of Session
ii. Judicial Magistrate of First Class
iii. Judicial Magistrate of Second Class
iv. Executive Magistrate
The Supreme Court and High Court comes under Criminal Jurisdiction, but they
are the Courts which have appellate jurisdiction. High Court, Court of Sessions
or any other Court mentioned in First Schedule of the Code can trial offences
under Indian Penal Code[v].From Section 28 to 30 of Code states the sentences
that can be passed by different Courts with the procedure of trial.

The Defence Counsel

Article 22 of The Indian Constitution provides free legal aid to the accused. A
person who was arrested by the police has the right to defend with the help of
Counsel. When the accused arrested with the restriction of his liberty thus the
person has the right to defend it and it consists of an essential right. Section
303 of the Criminal Procedure Code deals with the right to appoint a defence
counsel. Incase if the accused is not appointed with a defence counsel, the
Court can ask questions in cross-examination to find the truth and can evaluate
into the evidence submitted.

In-State of Madhya Pradesh v. Shobharam[vi], it was held that if any law

seizes the right to defend, it is considered as against Article 22 the right
guaranteed under the Constitution of India.

Prison Authorities and Correctional Services Personnel

The Prison Act,1900 is implemented to govern into the proceedings of the

prison authorities. This authority does not come under the Code of Criminal
Procedure. The Act is introduced to provide powers to the prison officer to
detain the convicted person. Section 3 of the Prison Act, gives the power for
the officer in charge to detain he convicted person until the end of
imprisonment period. The prison workers are fixed by the Management
Correctional Services and State Government has powers to appoint the prison
authority.