1

INTRODUCTION
Indian civilization is one of the most ancient civilizations of the world, and so are its various
systems and sub systems. Accordingly, the Indian Police has a long past and has reached its
present state passing through various social, political and cultural vicissitudes. The existing
police system in India appears to be a unique and peculiar amalgam of various features of
Ancient, Mughal and British police and policing systems. The present police system structurally
and functionally owes its existing to the various Acts and Enactments promulgated by the
colonial rulers.
The Indian Police Act, 1861 is the basic foundation of the present day Indian Police. It is,
therefore, correctly said that the present day Indian Police System, in contemporary contexts, has
become old, archaic and out-dated. There is an urgent need to replace this system. The Hon'ble
Supreme Court of India, has therefore, issued directions to the Central Government and the State
Governments to enact new Police Acts. Consequently, a Model Police Act, has been formulated
and circulated to the various State Governments, and the State governments are preparing to
enact new Police Acts for their respective police organizations1.
Police are one of the most ubiquitous organizations of the society. The policemen, therefore,
happen to be the most visible representatives of the government. In an hour of need, danger,
crisis and difficulty, when a citizen does not know, what to do and whom to approach, the
police station and a policeman happen to be the most appropriate and approachable unit
and person for him. The police are expected to be the most accessible, interactive and dynamic
organization of any society. Their roles, functions and duties in the society are natural to be
varied, and multifarious on the one hand; and complicated, knotty and complex on the other.
Broadly speaking the twin roles, which the police are expected to play in a society are
maintenance of law and maintenance of order. However, the ramifications of these two duties
are numerous, which result in making a large inventory of duties, functions, powers, roles and
responsibilities of the police organization. Police in India primarily belong to the State List of
the Constitution and, therefore, police, policing and various police matters basically fall into the
jurisdiction of the respective State governments. Police organizations are identified by the name

1 www.uncjin.org
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of the State to which they belong, and even their nomenclatures are given after the names of the
respective States, i.e. Rajasthan Police, Assam Police, Bihar Police, Kerala Police etc.,etc.

1. Role, Functions and Duties of the Police in General: -

The word "Police" is defined in the Indian Police Act 1861 and in various Police Acts. The Code
of Criminal Procedure 1973 confers wide powers and duties upon Police which are as follows2 :-
The role and functions of the police in general are:
to uphold and enforce the law impartially, and to protect life, liberty, property, human
rights, and dignity of the members of the public;
to promote and preserve public order3;
to protect internal security, to prevent and control terrorist activities, breaches of
communal harmony, militant activities and other situations affecting Internal Security;
to protect public properties including roads, railways, bridges, vital installations and
establishments etc. against acts of vandalism, violence or any kind of attack;
to prevent crimes, and reduce the opportunities for the commission of crimes through
their own preventive action and measures as well as by aiding and cooperating with
other relevant agencies in implementing due measures for prevention of crimes;

Social Responsibilities of the Police

Every police officer shall:
behave with the members of the public with due courtesy and decorum, particularly so in
dealing with senior citizens, women, and children;
provide all requisite assistance to victims of crime and of road accidents, and in particular
ensure that they are given prompt medical aid, irrespective of medico-legal formalities,
and facilities their compensation and other legal claims;
render all requisite assistance to the members of the public, particularly women, children,
and the poor and indigent persons, against criminal exploitation by any person or
organized group;
preserve, promote and protect human rights and interests of weaker sections, backward
classes, poor, weak and the downtrodden.

2 www.police.pondicherry.gov.in

3 section 144 of CrPC ,1973

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Maintenance of Essential Services

When the State Government declares any specified service to be an essential service to the
community, it shall be the duty of the police to maintain the essential service .

2. Legal Perspective Of Police Procedure in India :-

From above mentioned duties it is clear that Police occupies a dominant place in structure of
society and is therefore responsible for orderliness of society . For the full attainment of the
abovementioned objectives Police is clothed with some powers duly constraint with the legal
procedure to be followed which is as follows :-
Registration of Crime & First Information Report
Police organization, in any society, is said to be the chief law enforcement agency of the criminal
justice administration. Crimes and offences of general nature are, therefore, registered and
investigated by the police stations. Police station is the primary and basic unit of crime
registration in all civilized societies. The common man whether victim, complainant or informer
contacts police stations in the event of commission of a crime.
It is expected that the police station will immediately take action on the report received by it and
would register the crime for initiating appropriate and adequate action in the matter. Any lapse on
the part of police in this regard will land them in a situation of criticism. Registration of crime
and recording of an FIR is thus, one of the fundamental duties of the police4.
Here followings things needs a detailed elucidation i.e :-
(b) The First Information Report (FIR) (Section-154 CrPc)
Information of the commission of a cognizable crime that shall first reach the police,
whether oral or written, shall be treated as the First Information. It may be given by a person
acquainted with the facts directly or on hearsay, but in either case it constitutes the First
Information required by law, upon which the investigation under Section 157, Criminal
Procedure Code, shall be taken up5.

4 section 154 of CrPC ,1973

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First Information Report to Whom Sent

Once copy of the First Information Report will be retained in the Station and another will be
forwarded without delay to the Magistrate having jurisdiction.
Use of the First Information Report
The First Information Report is a very important document. It is the earliest record made of
an alleged offence before there is time for its particulars to be forgotten or embellished. It can be
used to corroborate or impeach the testimony of the person lodging it under Sections 145, 157
and 158 of the Indian Evidence Act.

Powers & Duties of Investigation

The concepts of Rule of Law, Due Process of Law and Natural Justice necessitate that all
crimes should be registered promptly and they should be investigated impartially and
competently. Police Station is the chief centre of registration of crime and, accordingly, the staffs
posted there have legal powers and prescribed duties to investigate the crimes and cases. Various
provisions of the Cr.P.C. and other enactments empower police to register crimes and take up
investigation for their legal and logical conclusion. The police, thus, are empowered to
investigate offences both cognizable and non- cognizable ones. The cognizable offences are
investigated by police ipso facto and the non-cognizable ones are investigated by them after
obtaining permission from the appropriate authority.

1. Collection of Evidence
Investigation is a process of connecting the offender to the offence. The job of investigation and
particularly that of collection of evidence is a serious, sensitive and complicated one. This
requires use of utmost intelligence, competence, presence of mind, skills of observation along
with utilization of various tools and techniques of evidence collection. Collection of various
types of evidences through scientific interrogation and with the help of scientific aids to
investigation can absolve the police of all the allegations with regard to use of third degree
methods.

5 R . V. KELKAR , CRIMINAL P ROCEDURE 64 ( Eastern Book Company , Lucknow

.,edn.5th ,2013 )
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Recording the Statements of the Witness

The investigating officer is empowered under Section 161 CrPC to examine orally any person
(including a suspect) who is likely to be acquainted with the facts and circumstances of the case.
He may reduce to writing the statement of each such person, and when he does so, he shall make
a separate record of each such person whose statement he records6.
Confessional Statement Made to the Police
Though confession made to police officers are inadmissible 7, under section 27 of Indian
Evidence Act, if a statement is given by an accused to a police officer while in custody and that
statement reveals the discovery of any material fact and in consequence of that statement if that
material fact is discovered, that statement is admissible to the extent of such discovery.
Recording of Statements of Witnesses and Confessions of Accused by a Magistrate
In important cases, witnesses may be produced before Judicial Magistrate; competent to record
such statements under section 164 Cr.P.C. Such statements can be used to contradict the
statements given by the same person during the course of enquiry or trial.
Case Diary
Section 172 CrPC requires that every Police Officer making an investigation should enter day by
day his proceedings in a diary, setting forth the time at which the information reached him, the
time at which he began and closed his investigation, the place or places visited by him and a
statement of the circumstances ascertained through his investigation.

2. Arrest, Custody, Bail, Remand and Search

After registration of FIR, visit to the scene of crime and collection of evidence, when an IO
arrives at the conclusion that reasonable suspicion exits against the suspect that he has committed
a crime and for completing the investigation his arrest is necessary, he may arrest him in
accordance with the law. After arrest the accused person is taken under the police custody, and
if the crime is bailable, he may be released on bail, and if the crime is non-bailable, the IO would
approach the relevant court for providing police or judicial custody as per the requirement of the

6 R ATANLAL & DHIRAJLAL , THE C ODE OF CRIMINAL P ROCEDURE 323 ,( Lexis Nexis,
Gurgaon,edn 20th ., 2013.)

7 section 25 & 26 of IEA ,1872

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investigation. Arrest, Custody, Bail and Remand are therefore, essential ingredients of police
investigation8.
Power of Arrest
Chapter 5 of the Code of Criminal Procedures, 1973 deals with various provisions of arrest
(Section 41 to 60). Police officers derive their powers of arrest without warrant from sections
41, 42, 43(2), 60, 129 and 151 CrPC. Provisions of sections 46, 47, 49, 50, 51, 56, 57, 167 and
169 of CrPC deal with various procedures and precautions during and after arrest. The police
under the above sections affect arrests without warrant; however, there are provisions when they
are required to arrest persons with warrants.
Arrest Precautions
Articles 21 and 22 of the Constitution lay down that no one shall be deprived of his life or
liberty except in accordance with procedure established by law and that arrested persons are
entitled to know the grounds of their arrest and a right to consult and be defended by an
Advocate of their choice and that every arrested person should be produced before a Magistrate
within 24 hours. Arrest takes away the liberty of a person and should therefore be affected in
strictly compliance of the law9.

Supreme Court Observations on Arrests

The police personnel carrying out the arrest and handling the interrogation of the arrestee
should bear accurate, visible and clear identification and name tags with their
designations. The particulars of all such police personnel who handle interrogation of the
arrestee must be recorded in a register.
The Police Officer carrying out the arrest of a person shall prepare a memo of arrest at
the time of arrest and such memo shall be attested by at least one witness, who may be
either member of the family of the arrestee or respectable person of the locality where the

8 RATANLAL & D HIRAJLAL , THE CODE OF CRIMINAL PROCEDURE 65 ( Lexis Nexis, Gurgaon,
edn 20th ., 2013.)

9 NARENDER KUMAR , C ONSTITUTIONAL LAW O F INDIA 361 ( Allahabad Law Agency

, Faridabad , edn 8th.,2011 )
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arrest is made. It shall also be countersigned by the arrestee and contain the time and date
of arrest10.
A person who has been arrested or detained and is being held in custody in a police
station or interrogation centre or other lock-up, shall be entitled to have one friend or
relative or other person known to him or having interest in his welfare informed, as
soon as practicable, that he has been arrested and is being detained at the particular place,
unless the attesting witness of the memo of arrest is himself such a friend or a relative of
the arrestee.
The time, place of arrest and venue of custody of an arrestee must be notified by the
police where the next friend or relative of the arrestee lives outside the district or town
through the Legal Aid Organization in the District and the police station of the area
concerned telegraphically within a period of 8 to 12 hours after the arrest.
The person arrested must be made aware of this right to have someone informed of
his arrest or detention as soon as he is put under arrest or is detained. An entry must be
made in the diary at the place of detention regarding the arrest of the person which shall
also disclose the name of the next friend of the person who has been informed of the
arrest and the names and particulars of the Police Officials in whose custody the arrestee
is.
The arrestee should, where he so requests, be also examined at the time of his arrest about
major or minor injuries, if any, present on his/her body. The "Inspection Memo" must
be signed both by the arrestee and the Police Officer affecting the arrest and its copy
provided to the arrestee.
The arrestee should be subjected to medical examination every 48 hours during his
detention in custody by a doctor from the panel of approved doctors appointed by
Director, Health Services of the concerned State or Union Territory, Director, Health
Services should prepare such a panel for all Mandals and Districts as well.
Copies of all the documents including the memo of arrest, referred to above, should be
sent to the jurisdictional Magistrate for his record. The arrestee may be permitted to meet
his lawyer during interrogation, though not throughout the interrogation.
A police control room should be provided at all district and State headquarters, where
information regarding the arrest and the place of custody of the arrestee shall be

10 section 41B of CrPC , 1973

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communicated by the officer causing the arrest, within 12 hours of effecting the arrest
and it should be displayed on a conspicuous police board at the police control room11.
Search of the Arrested Person
Whenever a person is arrested and not released on bail by a police officer a thorough search of
his clothes and belongings should be made before putting him in lockup. Articles found upon
him other than necessary wearing apparel should be placed in safe custody .
Arrest of Female
Whenever it is necessary to cause a female to be searched, the search shall be made by a Woman
Police Officer or another female with strict regard to decency.
Right of Arrested Persons
The arrested persons have certain rights with which the Police Officers should be familiar. These
are important from the human rights angle also besides being statutory provisions and should be
respected. The important rights are -
Right to be informed of the grounds of arrest12
Right to be produced before a Magistrate without unnecessary delay and within 24 hours
Right to consult a legal practitioner or any one of his choice
Right to be informed of right to bail13
Right of a person without means to free legal aid14 and to be informed about it
Right to be examined by a Medical Officer15
Police Custody
A person who is arrested and not released on bail shall be detained in a secure area of the Police
Station earmarked for such purposes, under constant watch.

Use of Handcuffs

11 D. K. Basu v. State of West Bengal ( AIR 1997 SC 610 )

12 section 50 of CrPC, 1973

13 section 50 of CrPC ,1973

14 section 304 of CrPC ,1973

15 section 54 of CrPC , 1973

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The use of handcuffs or leg chains should be avoided and if at all, it should be resorted to strictly
in accordance with the law mandated in judgment of the Supreme Court in Prem Shankar
Shukla vs. Delhi Administration (1980, 3 SCC 526) and Citizen for Democracy vs State of
Assam (1995, 3 SCC 743).

Bail :-
Bail broadly means surety security for release of a person who is arrested. A person is released
on bail with or without sureties. Offences are of two types as far as bail is concerned, bailable
and non-bailable. When a person is arrested for a bailable offence, he is entitled to be released on
bail either by the SHO or by court. In cases of arrests for non bailable offences, bail is
discretion16.

3. Scientific Aids to Investigation

In order to make the investigations objective, impartial and value-neutral, use of various
scientific aids to investigations must be made. The facts and evidence so collected could be
further substantiated and corroborated with the help of scientific analysis and examination of
various exhibits, items and materials available on the scene of crime or collected during
investigation.

4. Final Disposal & Completion of Investigation

On the receipt of a report about the commission of a cognizable offence, an FIR is registered at
the police station. Thereafter the IO undertakes several steps for collecting evidence against the
accused person(s). If there is enough evidence against the accused person(s), the case is sent for
trial to the court of law, and if enough and sufficient evidence is not available against the accused
person(s), the police would close the investigation as Final Report (FR); and the case file will
be sent to the court for approving the investigation. This whole process is called Investigation.

16 RATANLAL & DHIRAJLAL, T HE CODE OF CRIMINAL PROCEDURE 978 ( Lexis Nexis,

Gurgaon, edn 20th ., 2013.)
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Quick & Early Completion of Investigation

Section 173 CrPC lays down that every investigation by police made under Chapter XII Cr.P.C.
shall be completed without unnecessary delay. All investigations must be completed within the
time limit provided under section 468 CrPC.
Charge Sheets
If, upon the completion of an investigation, it appears to the Officer-in-charge of a Police Station
that there is sufficient evidence to warrant the filing of charge sheet against the accused, he will
submit to the Magistrate empowered to take cognizance of the offence, a charge sheet
setting forth therein the names of the parties with their full addresses and of the persons,
who appear to be acquainted with the circumstances of the case, stating whether the accused (if
arrested) has been forwarded in custody or has been released on bond, and, if so, whether with or
without sureties17.

5. Prosecution of Cases
Investigation and prosecution are two important aspects of the criminal justice system.
Investigations are handled by police and the prosecution matters are handled by prosecutors.
Police, after conducting the investigation of a case, sends it to the court of law for trial.

Preventive Role of Police

The twin important duties of police are: maintenance of order and preservation of law. Police are
empowered to maintain law and order and prevent, investigate and detect crimes. Prevention, it
is said, is better than cure. In support of the preventive role of police the popular saying
explains that a stitch in time saves nine. Prevention of disorderly situations and that of crimes,
therefore, is said to be a better strategy of policing the community. Various provisions have been
made in CRPC, IPC and other special and minor Acts, which give powers to police to prevent
offences and contain law and order situations. Some of the important provisions in the CRPC
pertaining to such powers are following:
(i) Unlawful Assemblies( Section 129 CrPC )
(ii) Prevention of cognizable offences (151 CrPC)

17 section 170 of CrPC , 1973

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(iii) Preventive Action by Seizure( 95 CrPC)

(iv) Urgent cases of nuisance or apprehended danger( 144 of CrPC)
(v) Breach of peace on account of disputes over immovable property( 145 CrPC)
(vi) Security for Good Behavior and Keeping the Peace (Section 106 CrPC )
(vii) Security for breach of peace( 107 Cr.P.C.)
(viii) Section 109 CrPC
(ix) Section 110 of the CrPC
(x) Preventive provisions in special and local Acts: In addition to the preventive measures
describe in the CRPC, various special and local Acts also provide for situations and
circumstances in which the police officer should initiate preventive action18.
(xi) Removal of Public Nuisances ( Section 133 CrPC )

Maintenance of Law & Order

Preservation of peace and maintenance of order in the society is the primary and basic duty of
the police department. Peace and development go hand in hand. If there is peace, tranquility and
order in the society, development and progress of various sorts take place in a natural way. On
the contrary, if there is an atmosphere of disorder, disturbance and uncertainty, the overall
development of the society will be a natural casualty.

Legal Perspective of Police Procedure and Human Rights

Human beings are endowed with some basic rights, privileges and prerogatives which provide
them with dignity and honour. This makes their lives decent, sacred and sacrosanct. These rights,
privileges and prerogatives are popularly known as human rights. Human rights are considered
inalienable, sacrosanct and transcendental. They have also been accepted as being fundamental
to dignified human life, individual growth and overall national development. Human rights thus
mean the right to life, liberty, equality and dignity as guaranteed by the Indian Constitution19.

18 RATANLAL & DHIRAJLAL, T HE CODE OF CRIMINAL PROCEDURE 269 ( Lexis Nexis,

Gurgaon, edn 20th ., 2013.)
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People in authority as well as those possessing strength, money, political power and influence try
to use police as an instrument of threat, awe and intimidation to realize their parochial and selfish
objectives. Police powers in India are enormous. The extent of the use and application of police
discretion is also quite wide. The possibility of their misuse leading to violations of human
rights is a natural sequence of the nexus between unscrupulous vested interests and corrupt
policemen. This nexus leads to violations of various types of human rights of citizens most
common of those are - police failure to investigate crimes; arrest on false charges and illegal
detention; torture and ill-treatment; and extrajudicial killings.

But if we analyze the legal provisions with regards to duties , powers , and procedure of
Police in India in context of human rights and human relations we will figure out that the
legal perspectives of Police procedure in India is in compatibility with human relations and
human rights which can be illustrated by the following list :-

Human Rights of Witnesses

Examine witnesses at their place and do not call them to police station unless it is
difficult or impractical.
Examine women and children at their places of residence20
Remember witnesses are there to help investigation. Therefore deal with them
courteously.
Child witnesses should be handled with special care.

Human Rights of Suspects or Accused

While surveillance as prescribed in the police regulations, authorized by law and
approved by the Supreme Court, is permissible unnecessary intrusion into the privacy

19 PARAMJIT S JASWAL, N ISTHA JASWAL, H UMAN RIGHTS AND LAW 230 ( Aph Publishing
Corporation.eds.,1st ed. 2012)

20 section 160 of CrPC ,1973

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of persons is forbidden. Therefore a margin on the right lines should be drawn to avoid
any interference with the right to privacy.
Interrogation of suspect is a power vested with the police. But, interrogation should be
within the legal framework. Prolonged detention in the name of interrogation may
amount to harassment and ultimately turn out as wrongful confinement.
Searches of places and more so dwelling houses have to be made strictly in accordance
with procedures laid down U/s 100 Cr.P.C. Police officer entering dwelling houses for
searches should observe decency and decorum respecting the sentiments of women while
discharging their duty. The assistance of women constable or women witness should be
taken while searching the person of a woman. Any unlawful search not only vitiates the
purpose but gives opportunity to the accused to use the right of private defense.
Attempts to torture accused or suspects to obtain confessions are not only an offence
under Section 330 or 331 IPC but it is useless as such evidence is not admissible under
law. Besides there is a danger of the suspects or accused confessing falsely in order to
escape physical torture, in which case, one is likely to be misled in his investigation21.
No accused should be forced physically or psychologically to say anything which is
likely to be self-incriminating. Such evidence is prohibited under article 20 clause (3)
of the constitution but voluntary disclosures of their own free will, while in police
custody and discovery of a fact in consequence to that information is not barred under
Section 27 I.E. Act.
There should be no arbitrary arrest. All arrests must strictly conform to the
requirements of law and procedure. Arrests need not be made just because a police officer
has a power to arrest. The necessity to confine is the principle behind the law. The person
to be arrested is entitled to know the grounds for arrest as per Article 22 of the
Constitution and Section 50 of Cr.P.C.
Every person arrested should be informed that he has right to go on bail, if it is a
bailable offence and he should be informed that he may arrange for sureties (Article 22 of
Constitution and Section 50(2} of Cr.P.C.)
The arrested person shall not be subjected to more restraint than is necessary to
prevent his escape (Section 49 Cr.P.C.). Handcuffs should not be used without the
orders of the court.

21 K.D . G AUR , INDIAN P ENAL CODE 591 ( Universal Law Publishing , New Delhi .,
edn 4th .,2012 )
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An accused person arrested shall have the right to be examined by a medical

practitioner. (Section 54 Cr.P.C.).
The arrested person shall not be detained unnecessarily for a longer period than is
necessary and at any cost should be produced before a magistrate within 24 hours
excluding journey time. (Section 57 Cr.P.C.)
The arrested person is entitled to consult any one of his choice and it shall not be
denied (Article 22 of the Constitution).
The accused charged of any offence has a right to be defended by an advocate of his
choice. (Section 303 Cr.P.C.).
During custody, the arrested person is entitled for fair treatment and no custodial
torture or ill treatment is permissible.
Most of the custodial deaths take place during illegal detention. Produce the accused
within 24 hours of arrest and obtain police custody from court for interrogation if
necessary. This will increase the responsibility of police and minimize irresponsible
custodial tortures.

Human Rights of Women

A national policy for custodial Justice to women was recommended by an expert committee
on custodial Justice to women, Government of India (1983). Following are some of the
important guidelines for police officers dealing with women:-
Women shall be shown special treatment wherever they interfere with the system
whether as complainants, victims, accused, witnesses or inmates of institution, giving
respect for gender dignity and habitative concern for women.
Separate prisons and police lockups, correctional centers and separate courts shall be
set up exclusively to deal with women.
Recognizing the children of custodialised women as innocent, the State shall
conscientiously respect the rights and privileges of the children accompanying the
women in custody.
The police, prison, correctional, judicial personnel dealing with women shall be specially
trained.
Women shall be arrested only in case of absolute necessity and only between sun rise
and sunset except in exceptional cases.
Arrests and search of women including interrogation shall be conducted according to
strict standards of decency. Women police officers shall search women and escort
women prisoners.
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Basic amenities and privacy shall be provided to women prisoners.

Human Rights of Juveniles

Juvenile Justice (Care and protection of children) Act 2000 is human rights legislation and is
enacted to lay down procedures while dealing with neglected and delinquent juveniles. Every
police officer should be acquainted with the provisions of this Act while dealing with
delinquent juveniles. The following are some of the important points relating to juveniles:-

When a delinquent juvenile (Juvenile in conflict with law) if arrested for committing any
offence, shall not be kept in lockup nor handcuffed. He shall be released on bail
whether the offence is bailable or non-bailable provided an undertaking is given by his
parents or guardians to take care of him and for production in court. If anybody does not
offer surety, he shall be forwarded to observation home pending enquiry.
Interrogate a juvenile delinquent with sympathy, care and caution.
Question the juvenile in isolation and never be authoritative. Be kind but firm.
Whenever a statement is to be recorded from a juvenile witness keep him at ease and
make him to speak the truth away from influences.
Do not launch security proceedings against a juvenile.

Therefore , as far as legal provisions are concerned we have plethora of provisions showing
a caring attitude and respect toward human rights and human relations . So we don't lack
in documentation that is written provisions guiding Police officials the procedure to be
adopted by them while honoring their duty and obligation of maintaining order and enforcing
and implementing laws . But when it comes to practice the violation of human rights is
seldom resorted to by the police officials under the grab of performing their duty to
maintain law and order.
Here arise a need to understand why police resort to such unethical procedure to fulfill
their duties and the answer to that is as follows :-

Reasons for violation of Human Rights by Police

Some of the reasons for violation of human rights by police can be attributed to the following:-
Lack of interrogation techniques.
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Lack of scientific temper and professionalism.

Lack of knowledge of criminal law and procedures for investigation.
Unrealistic public expectation for results.
Political and official pressures for quick results.
Misconception that laws are not sufficient to achieve results legally.
Sadistic pleasure on the part of some police officers.

Suggestions to Make Police More Sensitive to Human Rights :-

The following recommendations are drawn from multiple sources, including Human Rights
Watchs research findings, reports by bodies of the Indian government including the Law
Commission and the National Police Commission, Indian court decisions, studies by former
and current Indian Police Service officers, and reports by Indian NGOs. By complying with
these suggestions Indian Police can be made more sensitive , alert and responsive to Human
Rights and human relations , which are as follows :-

1) Reduce human rights violations

Ensure registration of First Information Reports .
Investigate complaints of gender-based crimes .
Enforce existing law regarding arrest and detention and establish further safeguards .
Implement procedures for custodial death and encounter killings .
2) End Impunity for Police Abuse and Misconduct
Establish police complaints authorities (PCAs) at the state and district level as mandated
by the Supreme Court
Support external accountability mechanisms
Establish robust internal accountability mechanisms
Establish responsibility of supervising police
Bolster internal discipline : Establish a detailed scheme defining police misconduct and
prescribing penalties
Reduce inappropriate influences on police behavior
3) Build a Professional, Rights-Respecting Police
Increase investigation resources and training
Address the acute shortage of police personnel
Substantially improve the training and enhance the role of constables
Reduce demoralization and exhaustion of lower-ranking police by substantially
improving working and living conditions
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4) To the Indian Parliament

Amend or replace the Police Act of 1861 with legislation conforming to the
requirements of the Supreme Court laid down in no. of cases .
Amend the Criminal Procedure Code with regard to FIR registration. To ensure
prompt police aid to crime victims, amend Section 154 to explicitly state that a police
station must register an FIR regardless of jurisdiction. Also amend it to permit low-
ranking police to record an FIR, in consideration of the police personnel shortage. Adopt
the 2005 Police Act Drafting Committees recommendation to make failure to register an
FIR a criminal offense.
Ratify the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment and the International Convention for the Protection of All
Persons from Enforced Disappearance. Specifically define torture and enforced
disappearances as criminal offenses in the Indian Penal Code.

CONCLUSION

The law enforcement agencies, police being the most important of them all, are under an
obligation to protect human rights. The police, in a democratic society, are expected to play
the role of a benevolent defender of free people's liberties and act as a guardian of public
peace and human rights. A democratic state does not envisage the police as an instrument of
force and coercion which ultimately tends to violate human rights. In a country like India, the
police are expected to play the role of a catalyst to social change aimed at the amelioration
of the backward, exploited, poor and illiterate masses through the instruments of human
rights.

Commission of an offence by a person tantamount to the violation of one or another human right
of an individual. Police have the primary obligation to investigate each of such cases honestly,
competently and with utmost objectivity so that the wrong done to the victim with regard to the
violation of his human rights is redressed as per the law of the land. While discharging this
primary duty, the police should not forget that even the accused person is endowed with
basic and fundamental human rights and in the discharge of their duties; they must ensure
that they do not violate or make an encroachment upon his human rights.
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By so doing the police will be able to restore the dignity and honour of human rights and repair
the loss suffered by an individual as per the due process of law. At the same time they will also
save themselves from being accused of violating human rights. The requisite attitudinal
change and human orientation to policing, in this context, can be ensured only when police
men at all levels are made aware of their duties, commitments, obligations and
responsibilities in upholding and protecting human rights. The paradoxical situation in this
context is that the security forces and the police who are primarily meant to protect human rights
are often accused of violating them.

BIBLIOGRAPHY
Internet sites :-
www.uncjin.org
www.police.pondicherry.gov.in
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s
Books :-
GAUR , K.D . , I NDIAN PENAL CODE ( Universal Law Publishing , New Delhi ., edn
4th .,2012 )
PARAMJIT S JASWAL, NISTHA JASWAL , HUMAN RIGHTS AND LAW ( Aph Publishing
Corporation.eds.,1st ed. 2012)
RATANLAL & DHIRAJLAL , THE CODE OF CRIMINAL PROCEDURE ( Lexis Nexis,
Gurgaon, edn 20th ., 2013.)
KELKAR , R . V. , C RIMINAL PROCEDURE ( Eastern Book
Company,Lucknow.,edn.5th ,2013 )
KUMAR , NARENDER , CONSTITUTIONAL LAW OF INDIA ( Allahabad Law Agency ,
Faridabad , edn 8th.,2011 )
SINGH , AVTAR ,THE LAW OF EVIDENCE ( Central Law Publications , Allahabad
.,edn 19th .2011 )