Police Administration
in
India
Law and Social Work
HISTORICAL BACKGROUND
Ancient Period:
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 earliest policing in ancient India is known on the basis of what has been delineated through the “Vedas”,
“Smiritis”, “Shastras” Kautilya’s “Arthashastra” and Megasthenes report. The Hindus had a very elaborate
system of law enforcement and dispensation of justice. Powers flowed from the King to the other functionaries,
who ruled or carried out the command of the law to the length and breadth of the territory.
The Hindu system has two aspects - religion and temporal. According to the Hindu religion the key concepts of
a criminal justice revolve around “Dharma”, “Karma”, “Paap” and “Punya”. A proper observance of
“Dharma” and “Karma” was to earn “Punya” while its non-observance was sinful and punishable.
Hindu Period:
During the Hindu Period in India, it appears that there were four elements in the organization of
society against crime – communal responsibility, village watchman, espionage and severe penal
provisions.
An important source of this period is the “Arthasastra” written by Kautilya, explains the detailed
description of the functions and powers of various functionaries of law enforcement. The system
consisted of three basic aspects:
(1) an all pervading spy system for detecting and reporting law violation and unearthing illegal
activities;
(2) uniformed unit for apprehending law violators, maintaining peace and suppressing turmoil;
(3) magistracy or judicial authority for awarding punishment.
Mughal Period:
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 or Islamic Law.
The provinces were put under the Subaidars or Governors appointed by the King. The Subaidar was
responsible for maintaining order, to facilitate collection of revenue, and to execute the royal decrees and
regulations sent to him. He was responsible for the general supervision, maintenance of law and order,
economic prosperity and defense of the province. He also looked after the system of criminal justice and
keeping peace and order. He was assisted by Faujdars in discharging executive, military, and law and
order functions. The Faujdar was the executive head in charge of a district or Sarkar exercising control
over the military police and carried out the Sultans’s order within their respective jurisdiction
British Period:
The Police as an organized institution in this country came into existence with the Police Act of 1861. This legislation
was passed in the wake of the Indian Sepoy Mutiny of 1857 ( This is also known as First war for Independence) when
the Indian soldiers in the colonial army revolted against their British commanders. The mutiny later developed into a
rebellion against British rule in India. Though the revolt was quelled speedily and successfully, it did jolt the British
into taking many steps to consolidate their rule in India, including the establishment of an authoritarian police force to
support the colonial government. The First Police Commission was set up in 1860. The Police Act, 1861, was based on
a draft put forward by the 1860 committee. It was authoritarian in nature and largely unaccountable to civil society or
other democratic institutions, directly. This act remains in force at the Centre even today
There was some incident of reform before the 1861 police Act, the first reform step is taken by British in 1855. The
First enquiry into police torture, a three-member commission was appointed to inquire into alleged cases of torture in
the Madras Presidency
Post-Independence Period:
The advent of Independence changed the political system, but the police system remained more or less
unaltered. The Police Act of 1861 continued to govern it. Its managerial philosophy, value system and
ethos remained what they were. The powers granted to politicians and bureaucrats to exercise control
and superintendence over the police remained the same.
The institution of police is assigned task to prevent crime and to bring the offender in the justice
process. The Indian Police has gone through different phases to discharge there responsibility over
period of time. The phases are divided namely as;
• Constitutional Era (1947-1977)
• Reform Era (1977-1993)
• Developmental Era (1993- till date)
Constitutional Era:
After Independence, the Constitution of India has brought out two major changes in the policing in the
country.
The first and foremost, the police’ is became the subject matter of State or province. To maintain law and
order the concerned Sate has to assign duty of the police, police recruitment, training, promotion and other
service conditions are decided by respective state authority.
However, the Para-military force by and large in nature of their duties to safeguard boundaries of India and
other countries governed by Union Government. There forces are Boarder Security Force (BSF); Indo-
Tibetan Boarder Police (ITBP) and Central Industrial Security Forces (CISF).
The second assignment of police was imposed by the Constitution of India related with safety, security and
rights of citizens in general and disadvantage or marginalized community in special
1950: A Sovereign Democratic Republic, the Constitution of India established a sovereign
democratic republic with a prominent Bill of Fundamental Rights guaranteed to all citizens.
1958–1978: State Government Initiatives From 1958 to 1971, many State governments set up
police commissions to examine police problems and suggest recommendations to improve
policing. The terms of reference, though slightly varied for different commissions, covered some
common ground. The focus was generally on meeting the shortage of resources and improving
matters within the existing set-up. For instance, the Police Forces in Maharashtra and Gujarat are
governed by the Bombay Police Act of 1951, in Kerala by the Kerala Police Act of 1960, in
Karnataka by the Karnataka Police Act of 1963, in Delhi by the Delhi Police Act of 1978.
The Police restriction of Rights Act, 1966 was enacted in order to restrict policemen’s
rights to form association and communication with the press. Since, the police proved its
utility as useful tool of governance for Indian rulers also, they were not eager to change the
existing police system.
The renowned American Scholar David Bayley has observed in his study on ‘Police and
Political development in India’ that there has been rapid politicization and criminalization
of the police over the years
Successive governments at the Centre have taken many initiatives by constituting expert
commissions and working groups on police reform. But there has been no sustained
implementation of their recommendations.
1971: The Gore Committee on Police Training examined the state of
police training in the country and made recommendations to improve its
quality.
1977: The Shah Commission, It looked into excesses committed on
citizens by the police and other administrative during the Emergency
(1975–77). The appointment of the National Police Commission was a
fallout of the Shah Commission's report.
Reform Era:
The use of police for political purpose on behalf of democracy by the political parties has seen during the emergency
period. A number of opposition leaders were brutalized and tortured by ruling party in power and used police as a tool to
suppress dissents mentioned in Shah Commission of Inquiry (1977). This was the turning point in India which laid the
foundation of police reform followed by the constitution of National Police Commission.
1977–1981: National Police Commission (NPC), looked at ways in which the police could be made accountable to
democratic institutions. The NPC came out with eight reports that examined the police as a law enforcement agency and
as an institution meant to protect citizens' rights.
The National Police Commission (NPC) was the first commission to exhaustively review the Indian police system. NPC
wrote eight reports in four years. The eight reports suggested all together 291 recommendations all related to police
reforms. Most of the recommendations have not been implemented
The First Report addresses the constabularies force and administrative issues such as
pay-structure, housing, redressal of grievances, career planning for constabulary etc.
The Second Report deals with welfare measures for police families and how to avoid
political and executive pressure on the police force. The recommendations propose a
new police act to reclassify police duties and responsibilities, postings and tenures of
Chiefs of Police, constitution of state security commissions, protection against
subjective transfers/suspensions.
The Third Report focuses on the police force and weaker sections of the society,
village police, corruption in the police, economic offences and modernisation.
The Fourth Report concentrates on the issues of investigation, trial and
prosecution, industrial/agrarian issues, social legislation and prohibition. The
suggestions deal with registration of the First Information Report (FIR), recording
of statements of witnesses, arrest, remand and confession,
The Fifth Report attends to issues like recruitment of constables and sub-
inspectors, training of police personnel, district police and magistracy, women
police and police public relations.
The Sixth Report takes up the issues of the IPS, police and students, communal
riots and urban policing.
The Seventh Report focuses on the organisation and structure of the police, state
armed police battalions and district armed reserves, delegation of financial
powers to police officers, traffic regulation, performance appraisal of police
personnel, disciplinary control, role of the Centre in planning, evaluation and
coordination and policing in the North-East of India.
The Eight Report addresses the subject of accountability for police performance.
The Commission has done a lot of hard work and research on each and every
dimension of the police working and living condition in order to secure
democratic, secular and socialist republic. The valuable recommendations of the
Commission could not be implemented due to political will and apathy on the
part of the executive. But the agenda of police reform alive in one way or other.
Developmental Era:
The present police have witnessed breathtaking changes embracing virtually all aspects-economic,
technological, political, social and cultural at global as well as local level.
This apart, rights based legislations (Human Rights Act, 1993 and RTI Act, 2005, and Police Acts enacted
by various State Governments after Prakash Singh’s judgment etc.) ,social and human rights movements
(LGBT and Indigenous or Tribal Land rights , women , child and dalit rights movements etc.) and presence
of 24x7 electronic and social media have created unprecedented demand of transparent, accountable and
responsible police service rather force towards an agenda for partnership in the developmental state.
2001 – 2003: Malimath Committee on Reforms of Criminal Justice
System. The Malimath Committee addressed the principles of the
Criminal Justice System, investigation, prosecution, judiciary, crime and
punishment. The report has been heavily criticised by human rights
organisation for its suggestion of changing the burden of proof. The
committee made 158 observations and recommendations. There are 55
major recommendations of which 42 have to be implemented by the
central government and 26 by the state governments.
2005: Police Mission and Police Act Drafting Committee, At the
DGPs/IGPs Conference of 2005, the Prime Minister of India announced
the setting up of a 'Police Mission'. It would transform the police into an
effective instrument for maintaining internal security and face up to the
challenges of the 21st century. This was to be done by equipping the
police with material, intellectual and organizational resources.
The government also set up the Police Act Drafting Committee under
former Attorney General Soli Sorabjee to draft a new act. It submitted a
Model Police Act to the government in late 2006.
2006: The Supreme Court's intervention, The Supreme Court ordered the state governments
to implement several reforms in the police force. On September 22, 2006, the Supreme
Court delivered its judgment in the Prakash Singh case, directing the central and state
governments to comply with a set of seven directives to kick-start police reform.
Its key measures included:
(1) Mid/high-ranking police officers should not be transferred more than every two years.
(2)State governments cannot choose the police commissioner.
(3) Separate departments must be set up for investigation and patrolling.
(4)Three new authorities must be appointed in each state to prevent political interference
and make the force accountable
2013: Justice J. S. Verma Committee, Following the gang rape and death of a young girl in
December 2012, the government set up a three-member committee headed by Justice J. S. Verma,
with Justice Leila Seth and former High Court Judge Gopal Subramaniam. This committee
recommended amendments to the criminal law that would provide for quicker trial and enhanced
punishment for sexual assault. It had an entire chapter devoted to police reforms.
April 2013: Criminal Law (Amendment) Act, Following the recommendations of the Justice Verma
Committee, Parliament passed the Criminal Law (Amendment) Act 2013. These amendments have
brought significant changes to police procedures in dealing with victims of gender-based crimes.
They have also increased the accountability of the police with respect to proper registration and
investigation of crimes against women.
• More recently, the Prime Minister of India had introduced the concept
of SMART Police (S-Sensitive and Strict; M-Modern with mobility;
A- Alert and Accountable; R- Reliable and Responsive; T- Trained and
Techno-savvy) during the 49th Directors General/ Inspectors General
Annual Conference at Guwahati on Nov. 30, 2014.
• As follow-up the Union Home Minister Shri Rajnath Singh as a first
step towards SMART policing, has decided to establish one model
SMART Police Station in each State .
The SMART Police Station would become the foundation towards SMART policing. A SMART Police Station should be citizen friendly and
clean. It should also meet the operational and welfare needs of the police personnel posted there.
Basic amenities for visitors, waiting area, toilets, drinking water, Receptionist whom the visitors can meet.
Rest room for constables, including separate room for women constables.
Natural lighting and ventilation, solar lighting, energy saving features.
CCTV, Safe & secure Armoury, Record Room, Communication Room for wireless, computers etc.
Automated kiosks for filing of complaints by public (with a back-end system for tracking follow up action).
The Police Station is the key functional unit from where the police discharges its tasks of maintenance of law & order and investigation of
cases etc. The Police Station is also the primary point of interaction between the citizens and the police
The Field Establishment of the Police Force
Director General of Police (DGP) {In-charge of the State Police Force}/
Commissioner of Police (CP)
↓
Additional Director General of Police (Addl. DGP)/
Commissioner of Police (CP)
↓
Inspector General of Police (IGP) {In-charge of a zone, which comprises few ranges}/
Joint Commissioner of Police ( Jt. CP)
↓
Deputy Inspector General of Police (Dy. IGP) {In-charge of a range, which comprise a group of districts}/
Additional Commissioner of Police (Addl.CP)
↓
Senior Superintendent of Police (SSP) {In-charge of the bigger District}/
Deputy Commissioner of Police(DCP)
↓
Superintendent of police (SP) {In-charge of the District}
Additional Superintendent of Police (Addl. SP)/
Deputy Commissioner of Police (DCP)
↓
Assistant/ Deputy Superintendent of Police (ASP/ Dy. SP) {In-charge of a Sub-division in the district}/
Assistant Commissioner of Police (ACP)
↓
Inspector of Police {In-charge of a Police Station}
↓
Sub-Inspector of Police (SI) {In-charge of a smaller Police Station}
↓
Assistant Sub-Inspector of Police (ASI) {Staff of the Police Station}
↓
Police Head Constable (HC) {Staff of the Police Station}
↓
Police Constable {Staff of Police Station}
↓
Police Patil (Village level)
Role and Functions of the Police
• Crime Prevention
• Crime Investigation
• Law and Order Maintenance
• Protect Citizens and Property
• Bring offenders to Justice
ISSUES
• Non- Registration of Crimes as FIR;
• Illegal arrest and detention;
• Custodial violence and Torture;
• Extra-judicial killings;
• Access to bail at police station level; bailable and non-bailable offences
• Poor Implementation of rights of accused as informing family and friends about arrest & detention;
• Apathy towards victims and witnesses of crime ;
• Non-Professional way of Investigation ; charge-sheet and final report;
• Police Corruption;
• Political Interface vs. Interference;
• Public perception as rude and brutal police force not citizen centric police service;;
• Police Autonomy vs. Police Accountability : Model Police Bill,2015 and model Police Manual;
• Relying on Oral Evidences or statements furnished by accused/victims/ witnesses ;
• Minimum use of Forensic Evidence;
• Implementation of Court Judgments in true sprit
CHALLENGES
• Police believe on more crime registrations give bad image of police
• Police Operational Neutrality
• Police Accountability towards Citizens
• Meeting expectation of people belonging to marginalized and
vulnerable sections
• Separation of Investigation and Law and Order Duties
• Legal Reforms in Criminal justice including police legislations
• Mental Stress & Job Hazards
Role of Social Worker
• Guidance and counselling:
• Victims who approach the police station want someone to listen to them with
empathy and guide them appropriately.
• Vulnerable groups, such as children, women, persons belonging to scheduled
caste and tribe, minorities, disabled, senior citizens and psychologically and
emotionally disturbed persons would be the prime focus groups for this support.
• A social worker equipped with requisite skills calms down the victim and helps
him/her organise vital information for initiating police investigation.
• This besides assisting the victim in getting co-operation from the police benefits
the police in terms of reduces time spent on registering the complaint.
• Family support: Providing support to the families of both the victims
and offenders comes within the domain of social workers at the police
station. This requires multiple tasks such as networking within the CJS
or with NGO’s, helping in accessing government schemes or
conducting group counselling sessions.
• Social workers’ knowledge about community resources and human
service agencies has helped families facing a wide range of social
problems. In such situations, police action such as making an arrest or
simply recording a report may not be as useful as handling the
situation with empathy and mediation skills.
• Referral: Depending upon the individual circumstances of a case, the
trained social worker can refer a person approaching the police station
to an appropriate agency. For instance, if a child who needs care and
protection is brought to a police station, s/he could be referred to the
Child Welfare Committee, which is one of the first steps towards
rehabilitation.
• Social investigation: Social workers help police in conducting social
investigation of minor offenders and persons arrested on the ground of
suspicion. For this, the social worker undertakes home visits to the
client’s home or community. This helps to prevent innocent persons
from being further victimised.
• Disaster Management: Social workers assist the police during crises such
as natural disasters or riots. Work during the Bombay Riots (December,
1992) and Mumbai Deluge (July, 2005) are examples.
• Crisis Intervention: The police are often unable to deal with persons with
addictive behavior especially if they are experiencing withdrawal
symptoms as well as when confronted with persons with suicidal
tendencies.
• In such situations the social worker can provide access to essential
psychiatric and medical support through collaborations with such service
providers and continue to assist families in dealing with the situations.
• Assistance during rescue and rehabilitation of victims of
trafficking: A social worker accompanying a police team during
rescue operations not only sensitively handles the rescue operations
but can also facilitate transfer of the victim to a place of safety or to
her home.
• The social worker’s visit to the victim’s house helps alleviate the
social stigma associated with the visit of police.
• Here the social worker also works on assuaging the emotional trauma
experienced by the victim if they have been tricked, duped,trafficked
and exploited.
• Assistance to police personnel and their family members: Assistance
is provided to those who need support. Social workers have assisted
police in dealing with social stigma related to HIV infection, youth
rebellion within their families and domestic disputes arising due to
extended duty hours.
• Crime prevention: Social workers help police in strengthening various
crime prevention mechanism or strategies by ensuring active community
participation. This, besides establishing trust and credibility of police in
the broader community, also provides avenues to address entrenched
negative attitudes of the police towards a particular client group,
especially the marginalised sections of society.
