Secound File

CHAPTER-2
HISTORY :THE EVOLUTION OF POLICE
ADMINISTRATION IN INDIA
The term police has been derived from the latin word politia which means the condition of a
Polis or State1. According to Oxford dictionary, the term police means a system of regulation for
the preservation of order and enforcement of law; the internal government of State. Policing is a
science of maintaining peace and order in an everchanging society. The society of today naturally
is not the same of yester-years. It has become more complex, its aspirations and expectations
have grown enormously. Therefore policing philosophy,policing methods and attitudes of those
responsible for policing cannot remain the same. They must keep space with the changing needs.
Of all the other things the most important thing is that, in a free society, people have a right to
know how they are being protected by the police from their suffering, fear and property loss
produced by crime or threat of crime. What has left an impact on the policing is because of the
colonial impact of the British Rule in India wherein the Metro Pollution Police 150 years ago
still stands as a creeds learned by heart by all the recruits to the force. It runs as follows:
‘’The primary objective of a Police is prevention of crime; the next that rod detection and
punishment of offenders if crime is committed. To those ends all the efforts of Police must be
directed. The safety of property, the renovation of public tranquility, and absence of crime, will
by myself show whether these efforts have been successful, and whether or not the objects for
which the" Police were appointed have been attained. ”
The police has little realized that with the changing times, his role in the society has also
undergone a sea change, with the result that detection of crime occupies a small portion of his
time. Conflict resolution and rendering assistance to those who are in distress are increasingly
1
making a demand and attention. In playing this role the police have become directly accountable
to the public. This in fact, provides an opportunity to the police to understand much to
1
1.N.V.Paranjape,Criminology&penology with Victimology, 339(CLP,15th edn, 2011).
2. Available at https://en.oxforddictionaries.com/definition/police( last visited on may 1st,2019)

continuously promote understanding and the goodwill of the people and actively enlist their
support. Trapped in the mindset of this kind of a complex milieu, the Indian Police organization
finds itself confronted with unbearable legacies of the past and the insurmountable challenges of
the future.
Ancient India-
The study of Vedas shows that amusements degenerated into vices and crimes multiplied. People
were much addicted to gambling. Cattle lifting and other kinds of thieving were the chief forms
of crime. The robbers lurked about the highways and broke into houses. When caught, they were
severely punished. Their arms were tied behind, their mouth was bandaged and they were
severely beaten and crushed to death. There is reference to officials name dJ ivagribhs in the Rig
Ved and Urges in the Upanishads who appear to have been police officers. There is reference in
the Ramayana that tage the police were employed for keeping peace and traffic regulations. The
soldiers were carrying of various destructive weapons and arms. The Arthshastras of Kautilya
covers the administration of the State. Various types of punishments were given like if a person
does not helps another person in danger he is liable to be punished. Also if public servants
misconduct they were also punished2.
During the mauryas the police enterprise had grown. Dr. R. K. Moletji in his e book
"Chandragupta maurya and his times" refers to kautaliya's Arthashatras. There had been 18
officials cited in it. Dauvarika used to be responsible for the preservation of regulation and order
of the outer lifestyles of the palace. The Dandapala, the Durgapala 3 and the Antapala have been
military officers however were discharging a true deal of police functions. Kautilya describes tge
administration of Criminal regulation as kantaka sadhana which skill the getting rid of of
dangerous factors by means of police. The police machine under Ashoka consists of Mahamatras,
they had been the best possible executive officers in the province for maintainence of peace and 4
order. The Pradesikas were giving the work pf revenue collection and administration of justice.
Below them were the Rajukas who were working for the welfare and happiness of janapada in
3.Dr. P. J. Alexander, Editor, policing India in the new millennium ((Allied Publishers 2002).
4Rao S. Venu Gopal, police under EIC, Ajanta New Delhi 1961-pp 29-52.
the matter of punishment. Overall the police system under the Ashoka reign was unique and it
aimed at the creation of the monarch.
Medival India-Their was not much known about the police administration in the medival Hindu
kingdom. Sher Shah, indo-afghan ruler during his reign organized different branches of
administration including police. The village headman was responsible for the safety of villages.
Foujdar was once the precept police officer and also the commander of nearby army. Kotwal
used to be the head of city police. The Mugal length used to be equal as the Central Government
and the administration was only centered in the headquartes. People outside the headquarters
have been left to their own assets to pay the revenue and preserve peace. The Governor of the
provnce was regarded as subedar. The faujdar was once accountable for the mainaining peace
and dealing with the anti-social elements. There were wide variety of thanedara. They have been
now not having the power of check out a crime. In cities the kotwal was the chief whose
responsibility used to be to maintain eace and maintain vigil on pick-pockets at any public
gathering. In addition to what would possibly be referred to as ordinary police duties, he was also
required to seem after people in prison, hear the prices towards them and punish those observed
guilty. The Kotvals have been assisted by means of Naibs or deputies. Kotwal's orders were
appealable to the district Kazi. The above device though nicely suited to the needs ofa simple
agrarian community ought to now not maintain the stains of political sickness that accompanied
in the wake ofthe disintegration ofthe Mughal Empire. With the disintegration ofthe imperial
authority ofthe Mughals, there was once a complete breakdown ofthe police system and it was to
this legacy that the East, India Company succeeded as the Diwan in 1765.
Police Under East India Company -
After the end of the Mughal rule there was a lot of confusion regarding the police system. The
britishers came in india in 1612 with the motive of trade under the organisation of east india
company. Early it was only commercial in nature. In early 19th century when mughal empire
starts falling and the greed and corruption among various native rulers emerged and these
reasons converted the company administration into full-fledged colonial state. However till
bruisers gain full knowledge and experience about the country the policing was with the
seminars till 1792.cornwallis was the first governor general of east India company and zamindari
system was abolished by him and appointed thunders for the maintenance of law and order.
Various reforms measures were made by him but they were made by him but they were lacking
in faith.
The history of Indian Police will be incomplete without reference to the police administration
under the Marathas. The characteristics. of police administration under the Marathas are found
from the report of Mount Stuart Elphinstone, who was appointed the Commissioner of the
Deccall. The district police arrangements under the Marathas were practically identical with
those that existed in the 17th century. Each village maintained its own watchmen, under the
direct control ofthe patil, and remunerated their services with rent-free land or perquisites. These
watchmen were assisted by groups or gangs of tribes such as the Ramoshis or Bhils, who were
attached to each village or group of villages and resided on the outskirts. Each group was under
the control of its own Naik or headman who was answerable to the Patil for any theft committed
in the village or for any disturbance created by his followers. Whenever any serious crime
occurred the village police under the Patil were augmented by detachments of Sibandis from the
neighboring hill forts. The Sibandis in every district were under the control of the Mamlatdars
and were maintained on the proceeds of a general house-tax imposed on the residents of the
disturbed area. They were also deputed to assist the village police in maintaining order at
festivals, fairs and other important social gatherings. In 1668, Charles II transferred the Islands
ofBombay to the East India Company. Gerald Aungier, who was appointed Governor of the
Island in 1669. organised a rule militia consisting of 600 men. Though this force was intended
primarily for military protection, its members were also used to serve as “night watchers” against
robberies.Service in the militia was based on land tenure. The most important section of this
force was Bhandaris, whose ancestors formed a settlement in Bombay from early times.
Indian Police Act of 1861-
A police commission was appointed in august 1860 for making policies of crime prevention and
detection. They were asked to keep in mind that the Police functionsmust be protective and
detective. However the British police system was based on the structure by the mughalsin
seventeenth century. The officers such as daroga, kotwal and faujdar found place in the British
system. The indian police act of 1861 is a uniform police system on the entire county. The British
officers were having the power to recruit and control the ploice within the provinces. Within the
act the indian police was superior police service. The duty of these indian police was to have
check over the local police and make them more disciplined. The police force is instituted ubder
this act which is still in force.
Therefore we can say that due to the indian police act of 1861 the police force becomes uniform.
In 1902 the government of India established the second All India Police Commission. As the
appointment of Dy. IG and Dy. SP was recommended by this commission. Another commission
was made in 1912 which was known as islinton commission and in 1924 lee commission were
also established. The meritourious Indians were accomodated at senior levels by Islincton
commission5.
Present Organizational Structure of Police -
According to article 246 of the Indian Constitution and section 3 of the IPA, the police force is a
state subject and not dealt with at central level. Each state government has the responsibility to
draw guidelines, rules and regulations for its police force. These policies are observed in the state
police manuals (Commonwealth Human Right Initiative Report, 2005). The organizational shape
of police forces in India is pretty uniform in all the states in the course of the country. State
police works under the standard control of State Government. The head of the police force in a
nation is the Director General of Police DGP). DGP is accountable to the country authorities for
the administration of the police pressure in the state and for advising the authorities on police
matters. The state is in addition divided into a number of zones, ranges and districts. An officer
of the rank of Superintendent of Police (SP) heads the district police force. A team of districts
form a range, which is appeared after through an officer of the rank of Deputy Inspector General
of Police (DIGP). DIGP
guides,advices and assists the SP through regular visits and inspections. Some states have zones
comprising two or more ranges. Zones are the areas which are under the charge of an officer of
the rank of an Inspector General of Police. The districts are again divided into sub-divisions,
circles and police stations. A sub-division is under the charge of an officer of the rank of
Additional or Deputy Superintendent of police (ASP/ Dy. SP). Every sub-division is further 2
divided into a number of police stations, depending on its area, population and prevalence of
crime. The police station is headed by the station in charge of the rank of Inspector/Sub-
25
Ibid
Inspector. Each police station is further divided into a number of beats assigned for patrolling,
surveillance and collection of intelligence. Police beats are under the charge of Sub Inspector.
Head Constables and Constables form lower level of police hierarchy. Between the police station
and the sub-division, there are police circles in some states. The head of the circle is an Inspector
of Police.District police is divided into two major branches of police force i.e. the armed police
and the civil police. The primary function of the civil force is to control crime, while the primary
function of armed police is to deal with law and order situation. Armed police is the reserve
police of the district. The force is kept reserved to meet any emergency situation.Armed police
and civil police supply material and officers to the other branches. Therefore, these two branches
constitute the most visible part of the force. In addition to civil and armed forces there are
departments like detective police, traffic police revenue police, mounted police, fire police, and
technical branches like prosecution branch, radio branch and intelligence branch.
Police and Public Order are state subjects, but this does not minimize the role of Central
Government in Police administration. Constitution of India empowers the Central Government to
intervene in some situations or perform special function in police matters. For example, Article
355 specifies that it is the duty of the Centre to protect the states against internal disturbances
and to ensure that the governance of every state is carried on in accordance with the provisions
of the Constitution. The charter itself enumerates a long list of subjects like All India Services,
arms, ammunition, passports etc. in the union list. As per List 1 of the seventh Schedule, the
Parliament of India has one-of-a-kind powers to make laws with admire to the armed forces of
the Union, the Central Bureau of Intelligence and Investigation, the Union businesses and
establishments for coaching of police officers, promoting of one of a kind studies or research,
scientific and technical assistance in the investigation or detection of crime, all India Services,
extension of the powers and jurisdiction of contributors of one country police pressure to every
other with the consent of that nation or to outside railway areas.7thus, Central government under
the supervision of Ministry of Home Affairs plays an important role in formulating the policies
of the police administration. The Central Government has established a number of police
3
organizations known as Central Police Organizations (CPOs). The CPOs can be broadly divided
3
6. S. C. Misra, "State Police Organization in India.
7.Constitution of India.
8.S.C.Misra,"State Police Organisation in india.
9Mullik Committee Report, Government Report. (New Delhi 1954).
into two groups, namely armed police organizations or Central Para-Military Forces (CPMFs)
and other central government organizations. CPMFs include Assam Rifles, Border Security
Force (BSF), Central Industrial Security Force (CISF), Central Reserve Police Force (CRPF),
Indo-Tibetan Border Police (ITBP) and National Security Guards (NSG). Second group of
central Police Organizations include Bureau of Police Research and Development (BPR&D),
Central Bureau of Investigation (CBI), Directorate of Coordination of Police Wireless (DCPW),
Intelligence Bureau (IB), National Crime Records Bureau (NCRB), National Institute of
Criminology and Forensic Science (NICFS), and the National Police6.
The Railway Police Organization follows district and State system ofjurisdiction in different
states, This jurisdiction conforms the railway limits, extending between outer signals and running
trains. “The features of the railway piolice are comparable in all the states and it features as is
land of police administration within the larger ocean of police administration of the state. The
exchange of the personnel.between two kinds of civil Mid railway police at every stage brings
home the complementary nature o fthe railway police organisatin7.”
The organization of the Traffic Police at the State level police administration is a recent
phenomenon emerging in the wake of increasing urbanization. At the State level, the functions of
the traffic police fall mostly within the arena of staff duties 8, such as plaining, road research,
coordination of district level efforts and advise to the IGP in matters pertaining to movement of
heavy and road safety in the cities. The wings of Women Police and Mounted Police represent
welcome additions to the State Police Organizations in view of the changing nature and techno-
quest of crime, vice and public disorder in free India. The organization ofHome Guards,
sponsored aid financed by the Union government as an auxiliary unit of the State police 9
administration in most ofthe States, is a statutory attempt of raising a‘citizen police’ as a
secondary police organization, functioning as an adjunct to the regular police organization of the
State ”. The Police Commissionor system in the three Metropolitan cities of Calcutta, Bombay
and Madras, which free India has extended to six more capital towns of Hyderabad, Bangalore,
Ahmedabad,Nagpur, Poona aid Delhi is a unique, and very promising experiment in State police
administration. The Police Act 1861 is inoperative in these cities and D.Ms do now not function
as guardians of regulation and order10. The Police Commissioners in all these cities, besides in
Calcutta and Delhi are equivalent to Di.G’s in States and the Deputy and Assistant Police
Commissioners have similar functions as that of S.Ps. and Dy .S P’s. in State administration
respectively. The unique features of the system are its independence, autonomy and functional
specialisation in urban setting11.
A close look at the State level Police Administration will indicate that most ofits problems
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originate from history, the legacies of which make it stagant,disjointed, outmoded and
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dysfunctional. Tom between three lists ofthe VII Schedule, the tasks of policing remain shared, r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
muddled and overlapping responsibility between the Union and the State governments. The
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Union Ministry of Home Affaire though not directly responsible for police jobs, virtually
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functions as union ministry for police, entrusted with the responsibility of maintaining peace,
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security and order in the country. This robs the State Police Departments from their initiative in
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reorganizing the police administration, " r4 r4 r4 r4
In big districts, separate sections of Traffic Police exist Some districts maintain special
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enforcement squads to enforce anti-smuggling laws and anti-black marketing and anti-hoarding
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orders. For the prosecution of police cases, there are Assistant Police Public Prosecutors for die
magisterial courts, however Public Prosecutors have been appointed from the bar to behavior
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instances in the Session Courts. The latest modification in Cr. P: C. has now not materially
changed the function with regard to Public Prosecutors, but the Assistant Public Prosecutors can
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no longer be police officers in the district. The District Reserve Lines, which exist to meet
contingencies, such as leave, health problem and vacancies triggered by way of resignations124, r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
suspensions and dismissals have a special function to play in district police companies. They not
4.
r4 10.Rao S. Venu Gopal, Police under the East India company (Ajanta New Delhi, 1961).
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11.Report of the West Bengal Commission, Government of India, Chapter V 1952.

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12.Veerabhadriah H. "An Insight into Police Administration on article in studies in State Administration,, ED.
Halappa G. S. Karnatak University 1963.

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13.Misra S. C." State Police Organisation in India.

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14.Caroline Code of Germany State, 1532.For a detailed History of the development procedure of investigation in
the continent, see Encyclopedia Britannica, page 1685,Vol.12.

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only keep the line ingood shape, but provide useful training and much needed change from the
drudgery ofthe field.” r4 r4
History of criminal investigation – r4 r4 r4 r4 r4
Two fold purposes underlie the procedure of criminai nvestigation.The first being the
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ascertainment of the commission of the crime which,interalia,includes the identity of the victimsr4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
,the place of occurrence ,the modes and means of committing the crime ,the motive or object of
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attack and such related facts and issues which may tend to establish the identity of the offender or
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offenders.The second purpose ofcriminal investigation extends to the search for and interrogationr4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
of material witnesses who are able,willing and competent to testify in relation to the crime
committed as well as against the suspect ascertained earlier through the investigatory efforts of
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the Police. The significance of investigation assumed gradual importance with the starting place
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and development of the prison triala. In the Anglo Saxon period of crook law the want for
investigation was once no longer critical due to the fact the modes of prescribed trials were the
ordeal and compurgation. These varieties of risk justice did now not permit any room for the use
and effectivity of investigation13

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r4 In course of time when the criminal trials started being shapely and the accuser and the accused
had to be confronted against each other before, and in the presence of, an independent and
impartial forum, the need for proof warranted the growth of an investigating agency14
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Criminal investigation is an applied science that involves the study of facts that are then used to
inform criminal trials. A complete criminal investigation can include searching, interviews,
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interrogations, r4 evidence r4 collection r4 and r4 preservation r4 and r4 various r4 methods r4 of r4
investigation.Modern-day criminal investigations commonly employ many modern scientific r4 r4 r4 r4 r4 r4 r4 r4
techniques known collectively as forensic science.Criminal investigation is an ancient science that

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r4 may have roots as far back as c. 1700 BCE in the writings of the Code of Hammurabi. In the code
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it is cautioned that each the accuser and the accused had the right to present evidence they
collected.16 In the modern era criminal investigations are most regularly done by authorities
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police forces. Private investigators are also normally hired to complete or aid in crook
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investigations.An early recorded professional criminal investigator was the English constable. r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
Around 1250 CE it was recorded that the constable was to "... record...matters of fact, not matters
of judgment and law15."

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The rules of the procedure gradually became more meticulous so such so that by tge end of 500 B.
r4 C. a defendent could institute a suit against witnesses for bearing false testimony i case the
defendant could institute a suit against witnesses for bearing false testimony in case the defendant
had lost the case. This would place the defendant in a distinct advantageous position in so far as he
r4 could secure his own release.By sixth century A. D. the justinian legislation contemplated that the
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r4 evidence be so constructed as the include the cooperation16 of experts in certain cases. The
gradual development and use of the procedure led to sophistication in the manner and method of
establishing the guilt on the basis of evidence. In tge continental countries the forms of r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
investigation contemplated the compliance of act instructions as well as the cooperation of r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
medicle experts17. r4
The trial and error method in criminal investigation gave rise to the need for displacing the
hackneyed and unscientific methods of collecting the proof. The improvement of science an
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science and additionally the specilized skills in unfoldind tbe complex crimes enabled the society
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to streamline its manner of investigation. The critical powers for empowring the police company
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to act and make use of the aids had to be supplied for by the legislature. In seeking our 5"indicators
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r4 of suspicion" in investigations, investigation will usually attempt to18 "establish which individuals
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r4 had the means, motive, and opportunity to commit the crime" and to establish the relationships
between the victim and any known offenders16. r4 r4 r4 r4 r4 r4
After observing recent changes in the demographic composition of particular crimes during
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higher priority of their investigation, such as the increase of the percentage of women convicted
for joining and fighting for terrorist organizations from a very low percentage (similar to these of
5
15Fundamentals of Criminal Investigation (sixth Edition). Charles E. O Hara and Gregory L. O'Hara;1994;. r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
16Victimology:Theories and Applications, Ann Wolbert Burgess, Albert R. Roberts, Chery| Regehr, jones&Bartlett r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
learning, 2009,p.103. r4
17.Henry of Britain. Bracton on the laws and customs of England ;Volume 4 pg 136.cambridge,M S, Belknap press
1968
.18J.c.chaturvedi, Police Administration and Investigation of crime 195(Isha Books, Delhi, 2006). r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
homicide and rape) to nearly as many female as guys (women in the 40-50 percentage range in
some jurisdictions) as the precedence of investigating terror crimes increased, positive

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criminologists are expressing the thinking that there may be greater crimes that would exchange r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
their demographics if they got greater priority. These criminologists theorize that in the case of
restrained budgets, criminal investigators rely on profiled and statistical probability of precise
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companies of humans being convicted for the kind of crimes that are being investigated, and
ignore complaints that are filed about people that they consider less likely to commit the crimes or
r4 give the tracking or individual matching to the evidence lower priority17

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According to the hypotheses, even a minimal or nonexistent difference in the likelihood of

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committing crimes can be hidden behind a difference of a factor by many multiples in the r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
likelihood of being convicted due to self-fulfilling prophecies in the statistics. These

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criminologists feel that criminals who are not getting caught due to being profiled as unlikely r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
offenders are a major problem. Some of these criminologists propose an increased number of
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police officers. Others argue that investigations of the evidence are more expensive than police
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patrols and that not all crimes can be investigated, suggesting that profiling of criminal
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psychology should be replaced with randomized priorities of individual suspects within similar
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types of crime. The latter criminologists also argue that such randomization18 would now not
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solely combat hidden crimes by way of exposing the currently unsuspected criminals to the
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danger of being punished, but also that the abolition of profiling by forensic psychology and
forensic psychiatry would be a economic saving that could be used for investigation of technical
proof, tracking of criminals who are hiding and other investigation work that can reduce the need
to ignore complaints for budget reasons.

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Presently, the investigatory organisations in the department of police are usually divided into two
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major parts. First there are groups who detect and investigate the crime within an assigned
geographical limit. The second one consists of specialized squads which are formed for the r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
purpose of dealing with specific type of crimes such as homicide. Auto-theft and confidence
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games.
In india police administration is entirely a creation of statute; there is nothing evolutionary about
it. Various enactments have been made from the police Act of 1861, creating duties and powers
for the police. There is thus, no such component as inherent power for a police man; his actions,
when they involve an exercising of any particular statue. Even whilst bringing offenders of to
justice under different enactments, he has to endure in thinking that his powers of search, arrest,
etc,are all governed through these exclusive enactments read with the predominant statutes giving
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him such power;and the one of a kind process laid down in such enactments has to be
scrupulously followed in each and every element. In his general conduct the policeman is
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governed by the various statutes, regulations and police standing orders.

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Role, Functions and Duties of the Police in General

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r4 The role and functions of the police in general are:

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(a) to uphold and enforce the law impartially, and to protect life, liberty, property, human rights,
and dignity of the members of the public;

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(b) to promote and preserve public order;

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(c) to protect internal security, to prevent and control terrorist activities, breaches of communal
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harmony, militant activities and other situations affecting Internal Security19;

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(d) to protect public properties such as roads, railways, bridges, imperative installations and
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corporations etc. towards acts of vandalism, violence or any type of attack;r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
6
(e) 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;

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(f) to accurately register all complaints brought to them through a complainant or his
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representative, in individual or acquired with the aid of post, electronic mail or other means, and r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
take instant follow up action thereon, after duly acknowledging the receipt of the grievance;
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(g) to register and investigate all cognizable offences coming to their notice through such
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complaints or otherwise, duly supplying a copy of the First Information Report to the
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619
19. Martin Innes, Investigation Order and major Crime Inquiries" in Handbook of Criminal
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Investigation (eds. Tim Newburn, Tam williamson &, Alan wright: (willan publishing, 2007),p
r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
261.
complainant, and where appropriate, to apprehend offenders, and extend requisite assistance in r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
the prosecution of offenders;

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(h) to create and maintain a feeling of security in the community, and as far as possible prevent
conflicts and promote amity; r4 r4 r4 r4
(i) to provide, as first responders, all feasible help to humans in conditions bobbing up out of
natural or man-made disasters, and to supply lively help to other corporations in remedy and
rehabilitation measures; r4 r4
(j) to aid individual, who are in danger of physical harm to their person or property, and to provide
r4 necessary help and afford relief to people in distress situations; r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
(k) to facilitate orderly movement of people and vehicles, and to control and regulate traffic on
roads and highways; r4 r4 r4
(l) to collect Genius pertaining to to things affecting public peace, and all sort of crimes consisting
r4 of social offences, communalism, extremism, terrorism and different things pertaining to to

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national security, and disseminate the same to all worried agencies, barring acting, as gorgeous on
it themselves.
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(m) To take charge, as a police officer on duty, of all unclaimed property and take action for their
safe custody and disposal in accordance with the procedure prescribed.

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(n) To train, motivate and ensure welfare of police personnel.

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Types of police in india r4 r4 r4 r4
Law enforcement in India is performed by numerous law enforcement agencies. Like many
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federal nations, the nature of the Constitution of India mandates law and order as a responsibility
of the state. Therefore, the bulk of the policing lies with the respective states and territories of
India. At the federal level, the many organizations are section of the Ministry of Home Affairs,
and support the states in their duties. Larger cities also operate police commissionerates,
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underneath respective country police. All senior police officers in the state police forces, as well
as those in the federal agencies, are members of the Indian Police Service (IPS).
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The central agencies are controlled by the central Government of India. The majority of federal
law enforcement agencies are controlled by the Ministry of Home Affairs. The head of each of the
r4 federal law enforcement agencies is always an Indian Police Service (IPS) officer.Central police
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forces can assist the state's police force, but only if so requested by the state governments.The
Minister of Home Affairs is the cabinet minister responsible for Ministry of Home Affairs,
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whereas the Home Secretary, an Indian Administrative Service (IAS) officer, acts as the
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administrative head of Ministry of Home Affairs. r4 r4 r4 r4 r4 r4
Central Armed Police Forces r4 r4 r4
Border Security Force r4 r4 r4
The Indian Border Security Force (BSF) is responsible for policing India's land borders during
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peacetime and preventing trans-border crimes. It is a central police force operating below the
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MHA. It performs a range of responsibilities ranging from VIP safety to election duties, from
guarding of integral installations to counter-naxal operations.

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Central Industrial Security Forcer4 r4 r4
The primary task of CISF is providing industrial security. The Central Industrial Security Force
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(CISF) is used to guard industrial installations around the country owned by the Central
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government as well as securing seaports and airports. CISF also provides security to certain
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NGOs. They provide security for atomic power plants, space installations, mints, oil fields and
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refineries, major ports, heavy engineering plants, steel plants, barrages, fertilizer units, airports,
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7
hydroelectric/thermal power plants and other installations partially or wholly run by the r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
government20.
Central Reserve Police Force r4 r4 r4
The Central Reserve Police Force (CRPF) is one of the largest Central Police organisations in the
world.Its main objective is to assist and help states and union territories' law enforcement
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agencies in maintaining law and order and to contain insurgency. It is additionally deployed as an
720
Richard M. Coughlin, "Morality Rationality and Efficiency :New Perspectives on social
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economics. r4
anti-terrorist unit in a variety of regions. It is even operating abroad as part of United Nations
peacekeeping missions. It performs a range of duties ranging from VIP safety to election duties, r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
from guarding of essential installations to the counter-naxal operations20.

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Indo-Tibetan Border Police r4 r4
The Indo-Tibetan Border Police (ITBP) is one of the five main Central Armed Police Forces,
responsible for security along the Indo-Tibetan Border, covering 2115 km. The ITBP personnel
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are trained in the fields of law and order, military tactics, jungle warfare, counter-insurgency and
internal security. ITBP is an elite and agile force with a strength of about 90,000 personnel. It is
involved in war-time and peace-time duties at the border and the surrounding areas.
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National Security Guard r4 r4
The National Security Guards (NSG) is a commando unit originally created for counter-terrorism
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and hostage rescue missions. Raised in 1986, it is popularly recognised as the "Black Cats" for the
r4 uniform worn via its operators. Like most army and elite security gadgets in India, it is media-shy
and the normal Indian public is generally unaware of its abilities and operational small print.
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Special Protection Group r4 r4 r4
The Special Protection Group (SPG) is the executive protection agency of the Government of
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India. It is responsible for the protection of the Prime Minister of India, and his/her immediate
families. The force was established in 1985 after the assassination of Indira Gandhi. It provides
the security 24 by 7 all over India to Prime Minister including ex-prime Ministers and their
Family Members at any location across India.

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Sashastra Seema Bal (SSB) r4 r4 r4 r4
The Sashastra Seema Bal, formed in the year 1963, is one of the five main Central Armed Police
Forces, deployed at the Indo-Nepal and Indo-Bhutan borders. SSB is a dedicated Central Armed
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Police Force having more than 82,000 personnel. The SSB personnel are educated in the fields of
regulation and order, navy tactics, jungle warfare, counter-insurgency and inner security. SSB
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personnel also serve in the Intelligence Bureau (IB), Research and Analysis Wing (R&AW),
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Special Protection Group (SPG), National Security Guards(NSG) etc. on deputations. The officers
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r4 start from the level of an assistant commandant (A.C.), equivalent to the deputy superintendent of
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r4 police (Dy.SP.) in a state and retire at the rank of inspector general (IG).
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Central Bureau of Investigation r4 r4 r4 r4
The Central Bureau of Investigation (CBI) is India's premier investigative agency, responsible for
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a wide variety of criminal and national security matters. It is often cited to have been established
from The Delhi Special Police Establishment Act, 1946. However it must be noted that it was
formed not by the Delhi state government but by the Central Government (Home Ministry) which
controls the police in Delhi. The CBI thus, used to be formed by a mere resolution by using the
Central government than by way of legislation. This led to a case whereby the constitutionality of
this authorities organization was questioned in the Narendra Kumar vs Union of India case in the
High Court of Gauhati, Assam due to the fact the be counted of all areas of policing (arrests,
searches, etc.) is one of a kind to country governments whereas the CBI was once fashioned by
using the Central government with all the areas of policing when such powers involving policing,
are not given to the Central Government21.

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The Central Bureau of Investigation is controlled by the Department of Personnel and Training in
the Ministry of Personnel, Public Grievances and Pensions of the Government of India usually8
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headed by the prime minister as the Minister of Personnel, Public Grievances and Pensions. It is
India's official Interpol unit. The CBI draws its officers from the IPS and IRS officers around the
country. It is responsible for investigation into various crimes and national security matters. The
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agency specializes in investigating crimes involving high ranking government officials and
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politicians and in some instances, criminal cases that don't necessarily involve politicians or high-
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ranking officials, have been referred to the agency for investigation because of media and public
pressure because of incompetency from the local police investigations.

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Indian income tax department r4 r4 r4 r4
The Indian Income-tax Department is India's premier financial agency, responsible for a wide
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variety of financial and fiscal matters. The Tax department is controlled via the Department of
821
Vivien Miller, James Camphell," Transnational penal Cultures :New Perspectives on discipline,
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Punishment and desistance". r4 r4 r4

Revenue in the Ministry of Finance of the Union Government headed with the aid of a Union
Minister two who reviews immediately to the Prime Minister. The CBDT is a part of Department
of Revenue in the Ministry of Finance. On one hand, CBDT gives necessary inputs for policy and
planning of direct taxes in India, at the same time it is also responsible for administration of direct
tax laws through the Income Tax Department. The Central Board of Direct Taxes is a statutory
authority functioning under the Central Board of Revenue Act, 1963.

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Directorate of Revenue Intelligence r4 r4 r4
The Directorate of Revenue Intelligence two (DRI) is an intelligence-based business enterprise

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accountable for the co-ordination of India's anti-smuggling efforts. Officers in this enterprise are
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drawn from the Indian Revenue Service (I.R.S.) and the Group 'B' gazette/non-gazette cadre of
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the Central Board of Excise and Customs

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Central Economic Intelligence Bureau

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The Central Economic Intelligence Bureau (CEIB) is an Indian intelligence agency responsible
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for gathering information and monitoring the economic and financial sectors for economic
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offences and warfare r4 r4
Directorate General of Central Excise Intelligence r4 r4 r4 r4 r4 r4
The Directorate General of Central Excise Intelligence (DGCEI) earlier known as the Directorate
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General of Anti-Evasion is an intelligence-based organisation responsible for the detection of tax

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evasion cases related to Central Excise Duty and Service tax. Officers in this organisation are
drawn from the Indian Revenue Service (I.R.S.) and the Group 'B' gazetted/non-gazetted cadre of
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the Central Board of Excise and Customs.

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National Investigation Agency r4 r4 r4
National Investigation Agency (NIA) is the central agency to combat terror in India. The agency
is empowered to deal with terror related crimes across states without special permission from the
states. The National Investigation Agency Bill 2008 to create the organisation was moved in
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Parliament via Union Home Minister on sixteen December 2008. The NIA used to be created in
response to the Nov 2008 Mumbai terror assaults as want for a central organisation to fight
terrorism was once found. It additionally offers with drug trafficking and currency counterfeiting.
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It draws its officers from IRS and IPS.

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Narcotics Control Bureau r4 r4
The NCB is responsible for anti-narcotic operations all over the country. It checks the spread of
contraband as well as the cultivation of drugs. The officers in this organisation are drawn from
IPS and IRS. r4 r4
Bureau of Police Research and Development (BPRD)

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The Bureau of Police Research and Development (BPRD) used to be set up on 28 August 1970 in
furtherance of the objective of the Government of India for the modernization of Police Forces. It
is concerned in a research, bearing on to issues confronting the Indian police, the coaching of
exceptional ranks of Police in India, and the introduction of technology at each federal and nation
levels.
National Crime Records Bureau (NCRB) r4 r4 r4 r4
The National Police Commission in 1979 recommended the creation of a "Nodal Agency" which
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suggested the maintenance of criminal records at all the police stations in the country and to create
r4 shareable databases at police stations and districts and at state and federal Level.
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On this recommendation NCRB was created in 1986 with amalgamation of the Directorate of
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Coordination Police Computers, Central Finger Print Bureau, Data Section of Coordination
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Division of Central Bureau of Investigation and Statistical Section of the Bureau of Police
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Research and Development. r4 r4 r4
Central Forensic Science Laboratory r4 r4 r4 r4
The Central Forensic Science Laboratory (CFSL) is a wing of the Indian Ministry of Home
Affairs, which fulfils the forensic necessities in the country. It homes the solely DNA repository in
r4 South and Southeast Asia22.

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LNJN National Institute of Criminology and Forensic Sciences (LNJN-NICFS)

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The National Institute of Criminology and Forensic Science (formerly the "Institute of
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Criminology and Forensic Science") came into existence on 4 January 1972 on the
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recommendations of a Committee appointed by the University Grants Commission (UGC)23 to

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look into the applied aspects of education, coaching and lookup in the fields of Criminology and
Forensic Science to commensurate with the growing wants of the u . s . a . in usual and the
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Criminal Justice System in India in particular. In September 1979, the Institute was once
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constituted as a separate department under the Ministry of Home Affairs headed with the aid of a
full-time Director. It is headed by senior IPS officers24.9

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9
r4 22. Marius Duker, Marijke Malsch, Incapacitation:Trends and new perspectives "2016
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23.Joginder Singh, Inside Indian Police(Gyan Publishing Housw, New Delhi 2009).
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24. Section 57,model police Act 2006

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Chapter-III
Statutory Provisions relating to the Police Investigation r4 r4 r4 r4 r4 r4
In primitive days, the law of revenge was the only source to protest against such injuries and
people. Self preservation is the first instinct of crime and therefore that primitive savage, in order
to protect his life, killed whatever came in his way. In the path of the development of prison and
justice ideas when the society grew to be extra orderly, equipped and rational, their primitive
strategies aimed at indiscriminate revenge steadily disappeared and alternatively the idea of
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sanction and punishment evolved.The subsequent step was once to entrust some independent
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individual to execute the established rules of society. Thus, finally, the nation took manipulate of
all these things. The original grew to be the difficulty of the State. Today25, crime is understood to
be an unlawful act or default which is an offence against the public and renders the man or woman
r4 responsible of default and dependable to prison punishment.It is an act of the society that the
crime is punishable by the state. Therefore, the notion that the crime is an offence against the state
is a comparatively modern one. It is now established that if a crime is committed, the state is to
undertake the prosecution of the offender and to sentence him on conviction in the way that may
operate as punishment to him and as warning to other10

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Every country has characterized certain behaviour as crimes or offences against the society And
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has also provided punishments for the same, in India, such forbidden behaviours and their
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punishments are outlined in Indian Penal Code and certain other special Acts, necessary r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
procedures for the investigation and trial are provided in the Code of Criminal Procedure
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(hereinafter mentioned as ‘Code’ or ‘Cr.P.C’ ) . Indian Evidence Act supplements these methods
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through offering positive guidelines of evidence.the question that naturally arises is; how and by
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using whom the accused character to be introduced earlier than the courtroom26 for trial and how
and by using whom is the evidence concerning the alleged crime and crook to be accumulated and
10
25 available at https:// www.prsindia.org/police/discussion-papers/police-reforms-india(last visited on
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may 3rd,2019). r4
26.Caroline Code of Germany State, 1532.For a detailed History of the development procedure of
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investigation in the continent, see Encyclopedia Britannica, page 1685,Vol.12. r4 r4 r4 r4 r4 r4 r4 r4

r4 introduced before the court? Usually the victim of the crime or the person feeling offended or
aggrieved by the crime, would be most likely to be interested in setting the criminal law in
motion. Justice and reason too would suggest such persons should not only be allowed but also be
given all the facilities to move the machinery of the law against the alleged culprits. In fact, as it is
r4 in the general interests of the society that the offenders be detected and punished, the felony
machine ought to motivate the residents to invoke the criminal system in the direction of this end.
Our criminal method code permits any person to invoke the prison technique by means of drawing
r4 near a able judicial Justice of the Peace and inn a criticism with his related to the fee of an
offence27. In India, each State has established its own police force. The police personnel are
especially recruited and trained for the job of prevention and detection of crimes. They are
fulltime government employee provided with all the equipment needed for their work. Our
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Criminal procedure code invests them with specific but wide power of interrogation, arrest, search
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r4 etc., so as to enable them to collect evidence and bring the accused before the court expeditiously
for trial. And this statutory right of police to investigate cannot be interfered with by the courts of
law in any manner.

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Under the constitution, criminal jurisdiction belongs concurrently to the Central Government and
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the states. The prevailing law on crime prevention and punishment is embodied in two to name a
few principal statutes: the Indian Penal code and the Code of Criminal Procedure of 1973. These
laws take precedence over any state legislation and the states cannot alter or amend them.
Separate legislation enacted by both the states and the central government has also established
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criminal liability for acts such as smuggling, Normally when a crime is committed the police
department of that jurisdiction in which the crime has occurred is responsible for bringing the
culprits to the notice of the law. But there are situations in which crimes of very complex nature
and which are associated with large public pastime want to be investigated. They may additionally
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r4 differ from equipped crime to economic crimes or financial crimes etc. In such instances both the
police department itself feels that such investigation is now not their cup of tea or the regulation
suo motto fingers over the case, to ‘Special Investigating Agencies’. Here starts the function of
‘Special I11nvestigating Agencies’. The special investigating agencies have to work in a particular
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11
27. J. C. Chaturvedi, police Administration and Investigation of Crime 195(Isha Books, Delhi, 2006).
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28. Arvind Verma & K. S. Subramaniam, Understanding the Police In India (Lexis Nexis Butter Worths,
Wadhwa, Nagpur, 2009). r4 r4

legal framework which comprises of various acts such as the Indian Penal Code, Indian Evidence
Act, and Criminal Procedure Code.

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The police is a state subject and its organization and working are governed by rules and
regulations framed by the state governments. These rules and regulations are outlined in the
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Police Manuals of the state police forces. Each State/Union Territory has its separate police force.
12
Despite the diversity of police. forces, there is a good deal that is common amongst them. This is
r4 Due to four main reasons :-r4 r4 r4 r4 r4
i) The structure and working of the State Police Forces are governed by
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the Police Act of 1861, which is relevant in most components of the country, or through the State
Police Acts modeled ordinarily on the 1861 legislation. Major crook laws, like the Indian Penal
Code, the Code of Criminal Procedure, the Indian Evidence Act etc. are uniformly applicable to
nearly all phase of the usa. r4 r4 r4 r4 r4 r4
ii) The Indian Police Service (IPS) is an All India Service, which is recruited trained and managed
r4 by the Central Government and which provides the bulk of senior officers to the State Police
Force.
iii) The quasi-federal character of the Indian polity, with specific provisions in the Constitution,
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allows a coordinating and counseling role for the Centre in police matters and even authorizes it to
r4 set up certain central police oganisations.28

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Understanding the police investigation following are the statutory provisions relating to police r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
administration system28. r4 r4
The criminal law consists of the substantive law contained in the Indian Penal Code (IPC) as well
as the special and local laws enacted by the central and state legislatures from time to time and the
procedural law laid down mainly in the Code of Criminal Procedure, 1973 (Cr PC.) and the Indian
r4 Evidence Act, 1872. These three main Acts, i.e. the IPC, Cr. P.C. and the Indian Evidence Act
were enacted by way of the British throughout the 2nd 1/2 of the nineteenth Century. Of these, the
only most important law that has been revised when you consider that Independence is the Cr.PC,
12
which was once revised in 1973 on the guidelines made through the Law Commission of India.
The different two laws, barring for some minor amendments, have remained unchanged
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The IPC defines different types of crimes and prescribes appropriate punishment for offences.
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Offences are classified under different categories i.e. offences against state, armed forces, public
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order, public justice, public health, safety, morals, human body, property and offence relating to
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elections, coins, government stamps, weights and measures, religion, documents and property
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marks, marriage and defamation. The IPC has 511 Sections, of which 330 are about punishments.
Besides IPC, the local and special laws (SLL) also contain penal provisions. These laws have
been enacted from time to time mainly to deal with new emerging forms of crime and to protect
the interests of the weaker sections of society.

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POLICE UNDER THE CRIMINAL PROCEDURE CODE 1973 r4 r4 r4 r4 r4 r4 r4
The Code Presupposes the existence of Police and Police officers; and it only arms them with
certain powers and directs them to discharge certain duties. The code confers particular powers,
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e.g. electricity to make arrest, search, etc., on the contributors of the Police pressure who are
enrolled as Police officers. Wide powers have been given to Police officers who are Incharge of
Police stations. Such station house officers are additionally required to discharge laborious
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obligations in relation to detection, investigation and prevention of offences. Police officers above
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r4 the rank of a station house officer are invested with the powers of the station residence officer
however over large nearby limits. Thus, the code has given the key function to Police stations and
officer in charge of Police Stations in the scheme of investigation and prevent of crime.The
Criminal Procedure Code, however, does not contemplate the use of Police in respect of
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investigation into each and every offence.30 For this purpose, the Code has classified all offences
into cognizable and non-cognizable. “Cognizable offence” is defined in section 2c as an offence

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in respect of which a Police officer may be accordance with the first schedule to the Code of
Criminal Procedure arrest without warrant or may so arrest under any law for the time being in
force. A “Non-cognizable offence” is one in respect of which the Police officer has no authority to
r4 arrest without a warrant issued by a court of law. However, where a case relates to two or more
offences of which at least one is cognizable, the case shall be deemed to be a cognizable one
notwithstanding that the other offences are non-cognizable27.13 r4 r4 r4 r4 r4 r4
Thus, where the information relating to the commission of an offence discloses the offence being
a cognizable one, the Police officer can suo motu act to proceed further in the collection of
evidence. It is a statutory strength conferred upon the Police officer with the aid of the Code of
Criminal Procedure. The law no longer solely permits the Police officer to wield these powers
however also enjoins upon him to exercising the identical in respect of a cognizable case. In such
a case, it is a duty of the State (and the Police) to bring the wrongdoer to justice. In non-
cognizable cases the Police investigation would precede a magisterial sanction. In such a case the
Police officer cannot arrest without a warrant, and such officer has neither the duty nor the power
to investigate into such an offence without the authority given by a judicial magistrate28. But for
this necessity for judicial sanction and the express provision that in the case of non-cognizable
offence, the Police officer has no energy to arrest without a warrant, there is no difference in the
process to be adopted by way of the Police or in the powers that can be exercised via them as
regards investigation into cognizable and non-cognizable offences. However, if a judicial

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magistrate considers it acceptable that a non-cognizable case ought to be investigated into by the
Police, he can order the Police to do so. Thus, as a depend of coverage the regulation precludes
Police to probe into non-cognizable offences barrin the sanction of Justice of the Peace. The
policy has its relations in the fact that the Police powers to investigate which encompasses a broad
r4 range of activities involving the tempering of liberty of the individual, be limited to situations
involving serious crimes29. r4 r4 r4
13
26.Caroline Code of Germany State, 1532.For a detailed History of the development r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
procedure of investigation in the continent, see Encyclopedia Britannica, page 1685,Vol.12.

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27. J. C. Chaturvedi, police Administration and Investigation of Crime 195(Isha Books, Delhi,
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2006).
28. Arvind Verma & K. S. Subramaniam, Understanding the Police In India (Lexis Nexis Butter
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Worths, Wadhwa, Nagpur, 2009).

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29. J. C. Chaturvedi, police Administration and Investigation of Crime 195(Isha Books, Delhi,
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2006).
The process of investigation starts with the registration of the First Information Report. The FIR is
r4 a written document prepared by the police when they receive information about the commission
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of a cognizable offence.The police officer proceeds to the scene of crime and investigates the facts
r4 of the case. Police investigation mainly includes:

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r4 - Examination of the scene of crime

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r4 - Examination of witnesses and suspects.

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r4 - Recording of statements
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r4 - Conducting searches
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r4 Seizing property Collecting fingerprint, footprint and other scientific evidence Consulting
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records and making entries in the prescribed records, like case diary, daily diary, station diary etc.
Making arrests and detentions. r4 r4 r4 r4
Interrogation of the accused r4 r4 r4
After completion of investigation, the office in charge of the police station sends a report to the
area magistrate. The record despatched through the investigating officer two is in the structure of
a charge sheet, if there is sufficient proof to prosecute the two accused. If sufficient evidence is
not on hand , such a report is called the final report. On receiving the charge sheet, the court takes
cognizance and initiates the trial of the case. r4 r4 r4 r4 r4 r4 r4
The charges are framed. The procedure requires the prosecution to prove the charges against the
accused beyond a shadow of doubt. The accused is given a full opportunity to defend himself.
If the trial ends in conviction, the court may award any of the following punishments:
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- Fine r4
- Forfeiture of property
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- Simple imprisonment
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- Rigorous imprisonment
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- Imprisonment for life
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- Death sentence. In non-cognizable offences, the investigation starts when magistrate orders the
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police to investigate under section 155(2) of the code. In case of a cognizable offence, it is the
responsibility of the state (and the Police) to bring the offender to justice. Section 156 of the code r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
gives statutory right to the officer Incharge of a Police Station to investigate into cognizable
offences without the orders of a magistrate or without a formal First Information Report. This
statutory right of the Police cannot be interfered with or controlled by the judiciary. As pointed out
r4 earlier, a magistrate empowered under section 190 may also order the Police to investigate a
14
cognizable case.33 Section 157 explains the procedure for investigating a cognizable offence30. r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
As stated earlier, the investigation of a cognizable offence begins when a Police officer Incharge
of a Police Station has reason to suspect the commission of such an offence. The basis for the
suspicion may be the First Information Report received under section 154 or the suspicion may be
based on any otherinformation of the Police. The Police officer also must have jurisdiction to
investigate the offence. Where practical suspicion of the commission of a cognizable offence r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
exists, the Police officer need to immediately ship a file of the occasions developing the31
suspicion to a magistrate having strength to take focus of such offence upon a Police report. This
provision is really designed to maintain the Justice of the Peace informed of the investigation of
such cognizable offence so as to control the investigation and if indispensable to supply fantastic
route under part 159. Failure to send a report to the magistrate is a breach of duty and may go to
show that the investigation in the case was not just, fair and forth right and the prosecution case
must be looked at with great suspicion32.

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Under section 154 and 156, Criminal Procedure code, the Police has a statutory right to
investigate a cognizable offence without requiring the sanction of the court. This inherent right of
the Police to conduct investigation into a cognizable offence cannot be interfered with by courts
of law in any manner. The purpose of investigation being to find out the truth, and the aim and
scope of investigation by the Police being much wider than any proceedings in a court of law, it
has been felt necessary to clothe the Police with such unfettered power in the interests of justice.
14
30. R. V. Kelkar's Lectures on Criminal Procedure (Eastern Book Company, Lucknow 4th Edition 2006).
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31. Section 2(C)of the CRPC, 1973.

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32. S. N. Misra, The Code of Criminal Procedure, 1973(Central Law Publications, Allahabad 2015).
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33. Section 155(2) & 156 of the CRPC, 1973.

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Explaining the position, their Lordships of the Privy Council have observed, “Just as it is
fundamental that every person accused of a crime need to have free access to a court docket of
justice so33 that he may additionally be duly acquitted if observed now not guilty of the offence
with which he is charge, so it is of the utmost significance that the judiciary have to not interfere
with the Police in matters which are inside their province and into which the law imposes upon
them the duty of enquiry.” It was once further defined in the equal case that the features of the
judiciary and the Police are complementary, not overlapping and the combination of individual
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liberty with due observance of law and order is only to be obtained by leaving each to exercise its
own functions. This view has also been approved and shared by the Supreme Court. The law
commission has also explained that a magistrate is kept in the picture at all stages of the Police
investigation, but he is not authorised to interfere with the actual investigation or to direct ther4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
Police as to how that investigation is to be conducted.

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r4 The dimensions of the police powers to investigate a case are necessarily very wide. In the earlier
chapter, we have clearly seen that during the investigation stage of a case, police have almost
absolute power which is not subject to interference by courts of law till, of course, a court takes
cognizance of the case. It has been amply made clear through Lord Porter in King Emperor v.
Nasir Ahmed that the investigatory functions of the police are independent of judicial interference
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r4 and as such the accountability and electricity to look into is the extraordinary repository of the
police agency.The police are, however, challenge to a range of procedural restrictions intended to
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stop the abuse of these extensive powers. These restrictions provide a kind a procedural control
over the police by their superior officers and by the magistrate.35 The legal provisions requiring
the police to maintain various registers and diaries, requiring them to make different kinds of
police reports at different stages of investigation It is one of the most important duties of a police
officer to properly maintain the General Diary. This diary purports to give an overall picture of the
r4 entire actions transacted by the police. The diary thus serves the dual purposes of keeping the
record about the offence reported and action taken thereon; and also that it apprises the superior
authorities about the development and progress of the case. The later fact is significant in so far as
it provides an instrumentality for the procedural control over the exercise of the police powers in
the course of investigation34.

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In addition to the General Diary there is a different and more comprehensive record that has to be
maintained by the Investigating Officer under the provisions of the Code of Criminal Procedure.
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15
This is called Special Diary or case Diary. The case diary ought to contain the time
r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 when r4
information reaches the police officer, the time when the closes it, the end result of his16 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
investigation and places visited by him, the a number of humans examined through him alongside r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
with what they stated, the date, time when he examined them and different particulars, and the a
range of steps he was taking in the investigation of the case from time to time.we have considered
that the police has an unfettered and an absolute discretion in the depend of investigation into
offences.36 As arrest forms a part of investigation proceedings, it follows that the police have a
discretion in the matter of arrest of a person without a warrant. As a matter of fact some discretion
has to be left to the police for proper investigation and also to forest all impending offences. But
this does not mean that the police have any arbitrary power of arrest. Under section 41 and 42 of
criminal procedure code the police has been given wide powers for making arrest without warrant.
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r4 Cases where a police officer may arrest a person without warrant are specified in Schedule I of
this code. Section 41(1)empowers any police officer without an order from a magistrate and
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without a warrant to arrest any person who has been concerned in any cognizable offence or
against whom a reasonable complaint has been made, or credible information has been received,
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or a credible information has been received, or a reasonable suspicion exists, of his having been so
r4 concerned. It used to be held in Avinash v. State of Maharashtra, that Section 41 is a depository of

r4 ordinary powers of the police officer to arrest however this electricity is situation to sure different
provisions contained in the code itself as well as in the distinctive statute to whicj the code is
made applicable. Section 42 empowers a preliminary objection to arrest any character who
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commits a non cognizable offence in his presence and refuses to provide his identify and tackle
when demanded by using such officer. The mode of arrest is laid down in section 46 of the
criminal procedure code. Arrest under the code meanstaking into custody of another person under
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authority of law, for the purpose of holding or detaining him to answer a criminal charge and
15
r4
16
34. . R. V. Kelkar's Lectures on Criminal Procedure (Eastern Book Company, Lucknow 4th
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Edition 2006. r4 r4
35. King Emp v. Khwaja Nasir Ahmad A. I. R. 1945 P. C. 18,22

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preventing the commission of offence35. Apart from the law and rules directing the police to
maintain diaries and registers and the duty placed on them to send reports to the magistrate,
various provisions of law seek to control, restrict and regularize the power of the police to take
statements from witnesses and accused during investigation. Section 160-164 of criminal
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procedure code deals with the procedure to be applied by the police while making the statement of
r4 the witnesses. Section 160 of the Code of Criminal Procedure empowers an investigating police
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officer to require the attendance before himself of any person who appears to be acquainted with
the facts and circumstances of the case.39 Section 161 of the Code of Criminal Procedure
authorizes a police officer making an investigation of the case to orally take a look at any
character supposed to be acquainted with the records and instances of the case. The object of
section 161 is to attain evidence which may36 additionally later be produced at the trial.40 In State
v. N. M. T. joy Immaculate, the Supreme Court held that area one hundred sixty of the criminal
procedure code deals with the energy of police officer to require attendance of those folks who
would grant the imperative data in appreciate of the commission of the offenceand and would be
examined as witness in inquiry or trial therefore. In this case the High court had given directions
to state government, to issue circulars to all the police stations instrucing the police officials that
the women accused/witness should not be summoned or required to attend at any police station
under section 160 of crpc, but they must be enquired only by women police or in the presence of
women police at the places where they reside. However supreme Court held that the High court
has commited a serious error in giving such direction contrary to the statutory provisions under
section 160 of Criminal Procedure code which is applicable only to the witnesses and not the
accused37.
r4 After the completion of the investigation by the police shall submit the report which is called the
'completion report' or 'charge - sheet'. It means that the preliminary investigation by the police
complets and the mgistrate is now cognizance of the case. After the filing of the charge sheet
under section 173 of Criminal Procedure code and the posting of the case for further cross-
examination there can be no similarly investigation into the case by way of the police.42 In R. K.r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
Dalmia v. Delhi Administration it used to be held that cost -sheet is not a entire or accurate basis
of the prosecution case. If there is prolong in the submitting of last record it may additionally lead
to the criticism that the investigation is not honest or is having some ultered motive.38 In Bhagwan
Singh v. State of Rajasthan, it was once held that the place an vital report which bears 1718on the
offence, alleged to have been committed by an accused, is produced before police officer some
days later, the natural course for a police officer to follow was to take charge of the documents
under a panchnama or memo. Submission of police report under Section 173 (2) is the end of the
investigation. It is based on the report that the police officer forms his opinion as to whether there r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
is sufficient evidence or reasonable ground to justify forwarding of the accused before the
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Magistrate for trial. r4 r4
Power of Court to Order Further investigation __

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Under section 173(8),of Crpc the court is giving the power to order for further investigation. It is
only the power of the court and neither the informant nor the accused can claim further
investigation after the filing of tge charge - sheet as a count of right. In Reeta Nag v. State of West r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
Bengal and others, it was held that once a cost sheet is filed beneath area 173(2) ofCrpc and either
cost is framed or the accused are discharged, the magistrate may, on the foundation of protest
petition, take cognizance of the offence complained of or on the application made by the
investigating authorities permit further investigation under section 173(8). r4 r4 r4 r4 r4 r4 r4
r4 Inquest report in unnatural death. r4 r4 r4 r4 r4
The Police Officer making investigation into cases of suicides and other unnatural or suspicious
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death must report, under Section 174 of the CrPC, to the nearest District or Sub-Divisional
Magistrate empowered to hold inquest. Then the officer should proceed to the place where ther4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
body of the victim is lying and make an investigation so as to draw up a report of the apparent
cause of death describing such wounds, fractures, bruises found on the body. The report should
state in what manner or by what weapon such wounds wound have been inflicted.
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17
r4 36. Section 155(1) of Crpc, 1973.
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37. Section 41 and 42 of Crpc, 1973.

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38. Section 46 of Crpc, 1973.

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18
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The report, to be signed by the police officer and other two or more respectable neighborhood
witnesses, shall be forwarded by the Police Officer to the District and Sub-Divisional Magistrate.
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The Police Officer can issue notices below Section one hundred seventy five of the CrPC to the
folks acquainted with the facts to make sure their presence before the Police Officer and make
them bound to reply simply the questions the officer may additionally ask.The cause of the file is
to verify the motives and instances of the unnatural death. It is a restrained reason one. The name
of the accused and the details of the incident are not needed in the report.The inquest report is not
a substantive piece of evidence. But it can be used for corroboration of the evidence given by the
police officer making the report. After the inquest, the dead body along with a duly filled form
should be sent to the Civil Surgeon for post mortem.

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Constitutional Provisions: r4
The main provision regarding crime investigation and trial in the India Constitution is Article
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(20)3. In any criminal investigation, interrogation of the suspects and the accused performs a
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quintessential function in extracting the truth from them. Article 20(3) deals with the privilege r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
towards self incrimination. Article 20(3) says ―No character accused of any offence shall be
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compelled to be a witness in opposition to himself" The Special Investigating Agencies have to

habits their investigation maintaining in mind, Article 20(3) of the Constitution40.

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Article 20(3) Consists of the following three components:-

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1. It is a right pertaining to a person accused of an offence.

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2. It is a protection against compulsion to be a witness; and

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3. It is a protection against such compulsion resulting in his giving evidence against himself
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Art 21 of the Constitution guarantees fundamental right to life and personal liberty. This article of
Constitution has been interpreted by the Judiciary with widest amplitude so as to include several r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
other rights such as right to food and shelter, and other rights and most importantly the right to fair
r4 trial which includes the right to fair investigation. In Anbaizhagan’s case, the apex court observed
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r4 that, ‘if the criminal trial is not free and fair and not free from bias the judicial fairness and the
criminal justice system would be at stake, shaking the confidence of the public in the system and
woe would be the rule of law’,47 Trial ought to be fair to all worried and ‘denial of truthful trial is
as a great deal an injustice to the accused as is to the sufferer and the 19society41. The proper to
truthful trial includes ‘Fair Investigation’,49 Fair trial and fair investigation are pre-requisites to
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get justice which the events deserve as per law, and one except the different cannot yield to fair
justice. A victim of a crime is entitled to truthful investigation50 and if required the case can be
entrusted to a specialized agency like CBI and the courts have enough power to do complete
justice to the parties by giving appropriate directions.

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Article 22 of the Constitution guarantees that no person who is arrested shall be detained in
custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be
denied the right to consult, and to be defended by, a legal practitioner of his choice.Every person
who is arrested and detained in custody shall be produced before the nearest magistrate within a
period of 24 hours of such arrest apart from the time crucial for the experience from the area of
arrest to courtroom of the Justice of the Peace and no such man or woman shall be detained in
custody beyond the said period except the authority of a magistrate.It used to be in D.K. Basu Vs.
State of West Bengal.51 that the Supreme Court gave directions and certain guidelines to follow a
proper procedure while arresting and interrogating suspects. These guidelines are based on Code
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of Criminal Procedure, 1973 (Cr.P.C.) provisions and are very much a part of regulations laid
down in police manuals and rule books. The Supreme Court has gone to the extent to say that,
failure to comply with these guidelines not only renders an officer liable for punishment through
departmental action but also amounts to contempt of court. r4 r4 r4 r4 r4 r4 r4 r4
Hence, the above discussed constitutional provisions i.e. Article, 20, 21 and 22 make it crystal
clear that all the investigating and Special Investigating agencies have to comply and that too, in
substance, with the mandated requirements, in order to function properly and wisely in discharge
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of their duties. The Special Investigating Agencies have been provided with a range of powers and
r4 privileges which float out of the constitutional provisions which are very much, the part of the
quintessential rights.The mandated legal necessities as provided under these articles are so r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
indispensable, that even a minor infringement of any of these mandatory conditions is susceptible r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
to writ jurisdiction of High Courts underneath Article 226 and that of the Supreme Court under
Article 32 of the ConstitutionThe forty first record of the Indian Law Commission recommended
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19
r4 40. Section 161 of Crpc, 1973.
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41. Section 160 of Crpc, 1973

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that an accused character ought to get a honest trial in accordance with the principles of herbal
justice, efforts must be made to avoid delay in investigation and trial and the procedures should
aim at ensuring fair deal to the poorer sections of the society.

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r4 The Police Act, 1861

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Police administration in India is entirely a creation of statute; there is nothing evolutionary about
it. Starting from the police Act of 1861, various enactments have been creating duties and powers
for the police. The Indian Police Act (IPA) of 1861 imposed a uniform police device on the
complete country. The Act established organized police forces the responsibility of the a variety
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of provincial governments. Within the provinces the police used to be to be recruited, trained,
disciplined and manage with the aid of British officers42. The Act hooked up Indian police (IP), a
most efficient police carrier. It was conceived to relieve the District Magistrate of his duties to
keep check over the local police and make it more professional in nature. Thus, police force
became organized, disciplined and well-supervised. The Act instituted a gadget of policing in
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India which is nonetheless in force. It may be cited that the Act brought uniformity in
administration with the district police placed beneath the supervision and manipulate of the r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
District Magistrate43.The Police Act was once carried out at some stage in the country. However,
the standard conditions of crime control remained unsatisfactory due to a range of reasons,
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distinguished being the occurrence of the poverty and famines, damaging conditionse. Section 17 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
and Section 18 of the Police Act provide for the appointment of special police officers who are not
r4 enrolled under the Act but are appointed for special occasions and have the same powers,
privileges and protection and are liable to perform the same duties as the ordinary officers of the
police. Section21 also speaks of the officers who are not enrolled as police officers as such and in
such category mentions hereditary or other village police officers. Therefore the word “Police
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Officer” is not to be construed in a narrow sense but rather it has to be construed in a wide and
popular sense. For the purpose of this study ‘Police Officer” is one whom the common man of
ordinary prudence thinks him so44. r4 r4 r4 r4
r4 Section 23 of the police Act 1861(V of1861) provides that it shall be the duty of every police
officer to detect and bring offenders to justice and to apprehend all persons them he is legally
authorised to apprehend and for whose apprehension sufficient ground exists.56 section 29 of the
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same Act presents penalities for the forget about of such duties.57 in addition the police is to
20
hold a diary recognised as General Diary bearing on to a station, or station diary in such form as
shall, from time to time, be prescribed with the aid of the country government and to report
therein all complaints and charges preferred, the names of all persons arrested, the names of
Complainants, the offences charged towards the accused, the weapons or property that shall have r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
been taken from their possession or in any other case and names of the witnesses who shall have
been examined. No distinction is made between cognizable and non-cognizable offence.

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Whatever may be the nature of complaint made, it must find place in the General Diary. The
magistrate of the District is at liberty to call for and inspect this diary. The purpose of maintaining
such a diary is to furnish information about the offences reported at Police Station to the district
authorities. The custody which is short of arrest is administratively required either to confirm
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suspicion on a person or to get a lead to the evidence required for substantiating the accusation
against some other suspects. This power is conferred upon the police to discharge its duties.
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r4 Indian Penal Code 1860 r4 r4 r4
The Indian Penal Code, 1860 sets out many penal provisions which impose a strict penalty against
r4 those persons who violate the lawful authority of investigating authorities/ officers and adopt
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arbitrary means to shred the criminal justice system such that the ends of justice are never met.On
literally interpreting the Indian Penal Code, one realizes that it essentially contains provisions
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which warns the people or the accused, towards the penalties they may additionally suffer on
violating lawful authority of investigating officers. Chapter IX of Indian Penal Code, 1860 (of
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offences through or referring to to public servants) states in a very precise way that the 'Public
Servants‘ on committing such cited crimes in the chapter would attract such penalties. Literal
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meaning of the phrase 'Public Servant‘60 ability servant of the government.Section 166 to Section
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r4 169 of the Code lists a range of offences dedicated with the aid of the Public Servants in
discharging their official duty.Section 166 punishes a public servant who disobeys willfully to an
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specific route of regulation with an intention to purpose injury to any character. The provision
20
42. Section 173 of crpc, 1973.
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43. Section 173(2) of Crpc, 1973.

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44. Section 173(8) of Crpc, 1973.

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attracts a punishment of simple imprisonment for a term which may extend to one year, or with
fine or with both.

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In the case B.S. Thind Vs. State of H.P.61 It was held, where an investigating officer recorded his
satisfaction in writing that the search of a particular premises was necessary because disputed r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
documents might be found there, his entry into such premises was held to be not in disobedience
of law and therefore he could not be prosecuted without sanction U/s 197 Criminal Procedure
Code (Cr.P.C.)Section 167 clearly states that when a public servant frames a document incorrectly
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r4 and it is well within the scope of his official duty and he does it with the intention of or
knowledge to cause an injury to any person45, then such an offence draws a penality of simple
imprisonment for a time period which may additionally lengthen to one year, or with fantastic or r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
with both.Section 167 is comparable to section 218 Indian Penal Code which offers withcases of
framing unsuitable file or writing with intent to shop individual from punishment or property from
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r4 forfeiture.62 Section 168 is essentially punishable for these public servants who are legally bound r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
r4 not to engage in trade however nevertheless do so. They too attract a penality of simple
imprisonment for a term which may extend to one year, or with fine or with both46. Such people r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
(public servants) take unfair advantage over other traders of their official position for advancing
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their trade Section 168 is enacted in order to have the undivided attention of public servants in
their respective duties. If they are allowed to trade they could easily obtain unfair advantages over
other traders due to their official positions.

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r4 Chapter XII of the Indian Penal Code, 1860 also provides us with two very important provisions
i.e. section 330 and 331 which aims at controlling the atrocities committed by the police during
investigations Section 330 and 331 punishes with imprisonment of both description for a term r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
which may also lengthen to seven years and ten years and also makes one responsible to fine, if a
man or woman voluntarily causes hurt/ grievous damage to any individual in order to extort a
confession from such person in which he may additionally be interested.Such provisions in our
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data serve as a deterrence for those public servants/investigating officers who indulge in custodial
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violence and convey disgrace to our country‘s law implementing machinery.The 21principle object
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21
r4 r4 r4 r4 r4

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47. A. I. R 2004 SC P, 524.

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r4 of the legislature in enacting this section/provision is to prevent torture by using police.Though
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the provision47 is of general nature in application yet it is very crucial in defining the limits for the
public servants in discharging their duties efficiently and without being arbitrary
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ISham Kant Vs. State of Maharashtra r4 r4 r4 r4 r4 r4
In the instant case, the accused i.e. the investigating officer and his assistant,
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had a suspicion about two persons in a case of theft. They subjected the suspects to
torture to extort confession or information leading to detection of stolen properties.

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The court held them guilty under the offence of section 330 I.P.C. The provision is
not only for the police men but for the general public also i.e. for everyone.
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The Indian Evidence Act, 1872

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The Indian Evidence Act, 1872 contains substantive rules which guide the courts to come to some
conclusion about the facts of the case and then to pronounce judgements thereupon.The r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
investigating officer has to preserve in his mind the important rules of evidence earlier than r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
intending to conclude his investigations.Some fundamental guidelines of proof are being

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discussed under, which are very important for the investigating officers to follow. If the authority
investigates, ignoring the rules of evidence, then whole work becomes inadmissible and they can r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
even be liable to punishments set out forth in other statutes. The first provision being discussed is
Section 25 of Indian Evidence Act. r4 r4 r4 r4 r4 r4
Section 25 says Confession to police officer not to be proved‖. Any confession given to a police
officer is not admissible in a court of law. The reason behind this rule is that India is a country
where the investigating authority (Police officials of Special Investigating Agencies) quite often
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tortures the accused person in order to get answers which they are interested in. It is not surprising
r4 in a country like India, to take delivery of the torture in police custody as very normal. Infact the
phrase custodial torture is taken as a synonym for the phrase police. The legislators of India, then
thought of a devise rule which would lower the price of custodial torture and hence created
Section 25 and 26 of Indian Evidence Act, not like England the place the two sections 25 and 26
are missing. There are no corresponding provisions under the English laws.66 Section 25 does not
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r4 restriction its applicability solely to confessions of offences with which the accused is charged.
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Thus a announcement to a police officer, which if true, would solely establish against the
confessor, the offence of culpable murder is inadmissible if the confessor is tried for homicide.
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Section 27 provides that when some fact is discovered as a result of an information given by the
accused who is in the custody of a police officer, only so much of the information as is directly
related to the facts discovered will be relevant.Section 27 is based on the doctrine of confirmation
by subsequent facts. The doctrine says ―where, in consequence of a confession otherwise

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inadmissible, search is made and facts are discovered which confirm it in material points, then
such discovery is a guarantee that the confession made was true. But only that portion of the
information can be proved which relates distinctly or strictly to the facts discovered. In case
Mohd. Inayatullah Vs. State of Maharashtra the Supreme Court explained and stated the law as
follows:-48
Firstly Section 27 reads as under Provided that, when any fact is deposed to as discovered in
consequence of information received from a person accused of any offence, in the custody of a
police officer, so much of such information, whether it amounts to a confession or not, as relates
distinctly to the fact thereby discovered, may be provided. Another provision in Indian Evidence
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Act which shows the importance of the legal framework setup by the legislators in the working of
the police officers is

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Section 133. r4
Section 133 talks about an accomplice. It says that an confederate shall be a in a position witness
in opposition to an accused person. When the investigating officer looses hope from every side i.e.
r4 there is nothing in their hands from no confessions, no discoveries and to no evidence, then the
accomplice comes into picture. It is like an instrument in the hands of police to capture the actual
criminals in case of offences in which two or more offenders are involved. The felony framework
has given them the liberty to question the accomplice and make them a strong witness in their
case. This is nothing but strong impact of the legal framework which allows them to do
son.Section 133 of the Indian Evidence Act, 1872 is the only absolute rule of law dealing with
accomplice evidence. Though it is not illegal to act upon the uncorroborated testimony of an
accomplice but it is a rule of prudence to not to make it a rule of law49.22 Thus it is unsafe to act
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upon the evidence of an accomplice unless it is corroborated in material respects so as to implicate

r4 the accused.50
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Thus we can sum up by saying that inspite of the problems and complexities associated with
accomplice evidence, it must be borne in mind that accomplice evidence is of extreme importance
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r4 and can often play the decisive role in a criminal trial51. It can assist the investigators to crack
even the toughest of instances and can convey the total truth out into the open and assist the
courtroom deliver the offenders to justice.So,52 we can jot down by using announcing that even
though investigating companies have been given wide vary of powers and privileges underneath
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various foremost and minor acts, in order to accomplish their challenge of investigation with full
care and dedication and also the powers conferred on them make positive that they do not act
arbitrarily. But at the same time they are tied under various powers conferred upon them, thus
making a boundary line for investigating agencies which is known by the name of legal
framework53. r4
23
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22
48Best Bombay Bakery Case, for details refer to AIR 2004 SC P, 3114.
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49.Kaltani Bhoskar v. M. S. Sampoornam(2007) 2 SCC p. 259. r4 r4 r4 r4 r4 r4 r4 r4 r4
23
50. Nirmal Singh Kahlan's Case AIR 2006 SC P. 1367.
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51.D.K Basu v/s State of WestBengal,[(1997)1SCC416;AIR1997SC610].

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52. See for details report submitted in September, 1969.

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53. The Indian Police Act of 1861

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Chapter IV r4
Critical analysis of Investing powers of Police in India r4 r4 r4 r4 r4 r4 r4 r4
4.1 Introduction
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India is multi-cultural, multi-ethnic and vast country. It is the second most populated country of
the world. Maintaining law and order in world’s largest democratic country is an arduous task.
The police personnel provide for the security of people and enforcement of laws of the country. It
determines the manner in which democratic decisions are implemented in the country. In view of
the growing violence, social conflicts and serious threats of terrorist activities, the role of police is
becoming even more important. The assurance of equality and dignity to the weaker sections of
the society is also dependent upon the performance of the police. Clearly, police has a crucial role
in the existence and development of India.

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The police in one country are the instrument for implementing the Rule of Law. they are the
potential by which civilised society continues order that human beings can also stay safely in their
r4 houses and go freely about their lawful business. Thus police is the law enforcement business
enterprise whose imperative duty is to serve mankind and guard peoples stay and property, to
guard the harmless in opposition to deception, the weak against oppression or intimidation,
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peaceable against violence and disease and to appreciate constitutional rights of all intended to
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two liberty, equality and justice. To most of the people the uniformed police officer reprsents the
government, and is the most visible representative of the governmental powers seen on a daily
basis. The police officer is looked to a problem solver, and often asked to be a social mediator
between the conflicting citizens, as referee between good and evil. The police officer is expected
to serve with a sense of justice, showing equal dedication and respect to all members of the
community.
The most important obligations of the police are to shield life, liberty and property of citizensIt is
for the protection of these rights that crook justice system has been constitutive assigning essential
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r4 accountability to the police. They have a number of obligations to perform, the most amongst r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
them being maintainence of regulation and order and investigation of offences24. Therefore in
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crook justice gadget the police play the essential function of investigating the crime. It is the
initial stage of the case but the investigation have to be conducted in accordance with law and
with full respect for human rights. The criminal procedure code 1973 provides for the procedure
to be followed in investigation. This power of investigation by police is coextensive with the

power of the magistrate in the jurisdiction to conduct an inquiry or trial in the case, under the
chapter XIII (Sections 177 to 189) of the Code.r4 r4 r4 r4 r4 r4 r4 r4
However there have been many instances when these powers have been misused via the Police as
well. This was once due to the fact of arbitrary and unjust use of these powers. In the case of
Ahmed Noor mohmed Bhatti v State of Gujarat, it used to be cautioned that the tips given for the
detainees have to be followed in instances of Preventive arrests as well. The Court gave these
hints in the case of D K Base v State of West Bengal. The Court also held that a provision is not
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unreasonable or unconstitutional because of arbitrary exercising of it via the authorities. Proper r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
scrutiny of each case is to be finished to determine whether the arrest is unconstitutional or now
not.
Though the goals and objectives of police are noble but they have been criticized and condemned
for committing acts which are just contrary and this is because the powers given to them to fulfill
their social responsibilities are capable of being abused by them to trample the constitutional
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rights of the community. It also lowers the dignity of the officials and shakes the foundation of
trust and faith imposed on them by the society. The primary duty of police officials is to serve
mankind, to prevent crime, to uphold and protect human rights and to investigate and detect and
activate the prosecution of offences, to curb public disorder, to deal with major and minor crisis
and help those who are in distress. But it is often seen that while discharging official duties, police
officials do not undertake their responsibilities in a proper way and abuse their power for personal
or official gain.
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24
71. Arvind Verma and K. S. Subramaniam, understanding the Police in India(Lexis Nexis Butter Worths,
72. C. H. Rolph, Report of the Royal Commission on the Police 1962.

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73. Law enforcement code of ethics, available at https://www.ct.gov|post|ib|post/pdf..../law-

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enforcement - code-of-ethics - pdf(last visited on may 1st,2019). r4 r4 r4 r4 r4 r4 r4 r4

They break their social contract and indulge in various unscrupulous activities. Such illegal action
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r4 or inappropriate action can be defined as police misconduct. These improper actions by police
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officials or use of excessive power than that is reasonably necessary lead to miscarriage of justice,
discrimination and involve obstruction of justice. In many places, police not only fail to protect r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
the poor from violence, but they are violent predators themselves. Millions of the poorest people
in the developing world live in fear of police who extort bribes and brutalize innocent citizens.
Parents often teach their children to run away from police, rather than going to them for help.
Police In India Believe More On Fists Than On Wits And On Torture More Than Culture, More
On Brawn And Not Brain

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It is strange that a democratic country such as India does not trust one of the most important
administration organs of its elected government – the police. The ruling elite and middle class r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
citizens see them as political decoys and blame politicians for not letting the police play their
rightful roles in the society. The decrease profits classes, of course, experience intimidated by
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them and in constant worry of their convenient authority. It follows that there is a grim lack of
understanding about the nature and functions of the police in the country. The problems of the r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
Indian police which run as deep as the design, structure, culture and leadership continue to be
hidden.India has the absolute best number of police torture and custodial deaths among the r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
world’s democracies and the weakest law against torture. The police regularly operate in a local
weather of impunity, where torture is viewed as movements police behaviour to extract

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confessions from small pickpockets to political suspects”. r4 r4 r4 r4 r4 r4
4.2 National police commission

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In the aftermath of the Emergency, a period which saw great atrocities committed upon the
citizens by the police, there was a hue and cry against the police and demands for dismantling the
Central Police Organizations. The Government of India appointed a National Police

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Commission25 on 15th November, 1977. The Commission was appointed for fresh examination of r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
25
75. N. V. Paranjapee, Criminology&penology with Victimology, 339(CLP,15th edn, 2011).
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77. Ahmad Noor Mohmed Bhat v. State of Gujarat (1999) SCC(cri) 1014.
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79. available at https:// blog/ pleaders. In/remedies-illegal-police-action.

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the role and performance of the police both as a law enforcing agency and as an institution to
protect the rights of the citizens enshrined in the Constitution75. It got here out with three reports.
The National Police Commission submitted their 8 Volume Report between 1979 and 1981 which
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contained pointers to re-organize the police and give them a new face, a new fashion of
functioning, practical independence, strict accountability and professionalism. In their 2nd Report
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r4 submitted in August, 1979, the Commission in Chapter XV dealt with “Interference with and
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76
misuse of Police by Illegal or Improper orders or Pressure from Political Executive or different
Extraneous sources – Remedial Measures”. Except for the formation of Police associations as a
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result of a nationwide police agitation which, as apprehended, have today deteriorated to being
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support organizations of various political parties, not one recommendation was implemented. The
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third report of the National Police Commission, referring to the quality of arrest by the police in
India mentioned that “power of arrest was one of the chief sources of corruption in the police. The
r4 report suggested that by and large nearly 60% of the arrests were either unnecessary or unjustified
r4 and that such unjustified police action accounted for 43.2% of the expenditure of the prison
department.77”
The power to facilitate abuse by the police is firmly set by sections 101 to 114 of the Indian
Evidence Act, 1872 which claim that it is for the prosecution to prove the essential elements of the
r4 offence charged and if those essential elements are proved, it is for the accused to prove that the
case falls within the general or special exceptions to criminal liability recognized by the criminal
law.78 As the law stands at present, there is no special provision as to the burden proof where
injuries were received by a person in police custody.

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The case of State of UP v Ram Sagar Yadav used to be central to the 113th file of the Law
Commission of India which mentioned the problem of accidents in police custody. The Supreme r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
Court, in this case, harassed the want to adopt a specific strategy in an incident that involves79
allegations against the police. The Supreme Court was anxious that the enforcers of law and order
do now not use their role for oppressing harmless citizens who seem to be to them for protection.
The court docket referred to that police officers “bound by means of the ties of a type of
brotherhood” often choose to remain silent in these types of conditions and “when they choose to r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
speak, they regularly put their own gloss upon the statistics and frequently pervert the truth”. The
Supreme Court was anxious that police officers who commit atrocities on humans in the custody
of the police do no longer break out punishment for want of evidence.

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4.3 Criminalisation of Politics

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In fact, the situation has become worse since the NPC made its recommendations. Over the last
few decades, there has been a large influx of criminals into the Indian polity. The Election
Commission of India estimated in the late 1990s that 40 members of Parliament and 700 members r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
r4 of State Legislative Assemblies had criminal records.As the nexus between the criminals and
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politicians becomes stronger, it is able to subvert the loyalty of the functionaries at different levels
r4 in the government, including the police. Criminalisation of politics has gradually led to
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undermining the authority of the police leadership and consequently the discipline of the force. r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
The police are a hierarchical organisation. If the effectiveness of the leadership is undermined, the
entire force becomes vulnerable to wrong influences, with the functionaries at different levels
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looking elsewhere for protection and rewards. Besides breeding indiscipline in the force, it
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promotes a climate in which impunity flourishes80. It ultimately shakes the confidence of the
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public in the police.Today we have a police, which is politicised and politically polarised. For it
has become a pawn in the hands of its masters. In return, the policemen get political patronage,
which has become essential for their survival.

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Now-a-days custodial torture has become a common phenomenon and a routine police practice of r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
interrogation these days. Though there is no particular and separate safety towards torture. r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
Accused is beaten or starved or tortured in many approaches all through the path of investigation
by the police. Developing human rights demand that this is a dangerous exercise and must be
eliminated. In many instances Supreme Court has reacted sharply in opposition to the tendency of
custodial torture and use of 1/3 diploma method by using the police in the course of investigation.
Being a part of executive, police is now not free from political interference. There is a large hole
between rate at which crime are committed and F. I. R's are lodged, public26 complaints are not
26
80. available at https://www.ijm.org/our-work/police-abuse-of-power(last visited on may 2nd,2019).
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81. available at https://www.lawteacher.net/free-law-essays/indian-law/police-in-india.php(last visited

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on may 5th,2019).
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82. Reports of National Police Commission on 15th November, 1977.

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83. Basu. S. D, law of Evidence, (Allahabad law Agency, Faridabad, 2nd Edition 2010).
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84. State of U. P v. Ram Sagar Yadav law Commission of India, one Hundred and Thirteenth Report on
addressed true and there is constantly extend in FIR. Quality of investigaing standards is
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deteriorating, work load is additionally one of the major purpose for inefficiency of police. Third r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
degree torture is commonly assumed to be a shortcut method of investigation via the humans due
to hierarchical pressures.81 As the law stands at present, there is no special provision as to the
burden proof where injuries were received by a person in police custody.

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Police torture has covered media headlines for the last few years. This torture exceeds the
standard range of punishment. Extra judicial killing are becoming common. The police officers
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accountable for the torture are now not held for long before they are released to their everyday r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
duties. Studies have stated that police use immoderate pressure to the widespread humans instead
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than criminals.82 The police use this pressure on suspects, instead than the ideal victims of the
offense. A number of people think that the excessive force is necessary to prevent additional
crimes in the society. Therefore, it is important to analyze the disparate views on the two sides of
this aspect. r4
4.4 Police Atrocities:

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Power has the tendency to make men go dizzy and policemen are no exception. Powers are
granted to the police in order to enable them to enforce the law and protect people effectively.
However, it is sometimes the desire to solve a case at the earliest and sometimes plain greed that
makes them use it illegally.83 Article 21 of the Constitution provides that no person shall be
deprived of his life and personal liberty except according to procedure established by law, which
is inbuilt guarantee against torture or assault by the state or its functionaries. However, torture and
r4 assault have become part of police ways unfortunately and in many cases custodial deaths have
been found to be little short of ‘custodial murder’.84 Custodial violence raises serious questions
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about the credibility of the Rule of Law and administration of criminal justice system.
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An offender has every right to be tried and punished in accordance with the law and any punitive
action taken outside the ambit of law is illegal. Besides, no matter how heinous the crime be, and
howsoever dangerous be the criminal, he or she has every right to be treated with human dignity.
The courts have even discouraged the practice of handcuffing the accused unless it is necessary.
Several international conventions universally recognize human rights as inalienable.

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Various types of violences are used by the police which affects the victim pscychologically as
well as physicaly.To break the confidence and morale of the victim, the victim is compelled or
coerced to perform activities or to witness actions that torture him mentally. Forcing the victim to
violate social taboos or forcing to witness torture of other victims etc. Police is the machinery
which controls crime. If crime takes place in police custody,then what should a victim do.
Despite, we have many provisions in our Indian laws, custodial violence continues to exist.
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4.5 CORRUPTION IN INDIAN POLICE

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Unlike the other executive wings of the government, the police, which has maximum visibility in
the society, is a pet theme for such folklore. Their omissions and commissions rapidly attract
public attention and spread like a wild fire through gossip and hearsay.As the police wears a
mantle of defensiveness and many of their functions are shrouded in secrecy, there is a tendency
to mythicise or sensationalize such lapses like corruption. The image of police so created in the
minds of people always remains poor and sullied.

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As the popular adage goes that “Power corrupts and absolute power absolutely”two cognitive
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features of police viz.power and discretion give ample scope for the personnel to indulge in
corruption. They enjoy wide powers while discharging the core functions of police viz.
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maintenance of peace and order and prevention and detection of crime and criminal activities.
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Similarly, police discretion is a double-edged sword that can be used or misused by the personnel
on the mosaic of law and order situation. Though the personnel are bound to exercise these unique
r4 features strictly in accordance with the procedures that lay down processes and formalities, those
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intoxicated with tremendous powers and dominated by selfish motives can misuse them with a
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view to attaining private gains. Such “deviant behaviour” of the personnel appears in different
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forms in many areas of policing85. 27

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27
85. The Department - Related Parliamentary Standing Committee on Home Affairs(April 2002):Eighty
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eight Report on the Demand for Grants(2002-2003) of Ministry of Home Affairs, p31.
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86. available at www.legalserviceindia.com /legal/article-55-custodial-violence-indian-

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perspective.html(last visited on may 2nd 2019). r4 r4 r4 r4 r4
87. Sri Shanker Sen;Corruption in Public Services in India.

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88. Shri K. F. Rustanji, Article on 'police and Policing in India'.

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Basically, these personnel behave rudely and are overbearing towards ordinary citizens who
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approach police in distress. They refuse to register FIRs of hapless citizens who otherwise should
carry a recommendation from political middleman or be prepared to entertain the concerned

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personnel. Even if FIR is lodged, investigation or other follow up action as per law would proceed
r4 only if the subordinate police functionaries are greased by way of payment of bribe in proportion
to the gravity of the complaint.86 Further, period payments are to be made to ensure that paper
work is completed without any lapse.

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A small slip up in the bribe payment schedule would result in immediate dropping of the case
from the priority list and inordinate delay in investigations or prosecutions. Influenced by
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corruption or other extraneous factors, police resort to illegal practices and procedures such as use
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r4 of third degree methods, fabrication of evidence, false implication of innocent persons in criminal
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r4 cases, padding or concoction of evidence to buttress or weaken cases, illegal detention, “burking”
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r4 of cognizable crimes, delaying arrest of persons and allowing them to obtain anticipatory bail
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thereby avoiding arrest, etc.87 In the case of more serious offenses like murder, rape, dowry
deaths, accident cases, etc, in which the accused are poor or under privileged, the corrupt
personnel exploit them and their relatives monetarily to the maximum extent, on the pretext of
helping them and bailing them out of trouble. r4 r4 r4 r4 r4 r4 r4
The increasing nexus between police personnel at various levels and mafia operators is another
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disturbing trend in most of the cities like Mumbai, Delhi, Kolkota, Lucknow, Ghaziabad,
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Hyderabad, etc. These mafia syndicates bribe the police and the organized crimes such as periodic r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
r4 extortion, kidnapping for ransom and “supari killings” committed by them go undetected88.
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Similarly, some personnel connive at smuggling, blink at alcohol induced crimes and wink at anti-
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social offences like trafficking in women, peddling in drugs, etc.

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The criminalization of politics and the political patronage coupled with muscle and money power
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enjoyed by the underworld prompt many police personnel to collude with such forces in order to
make material gains. Shri NN Vohra Committee16 which was constituted by Government of India
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r4 in April 1993 in its report had highlighted that there had been rapid spread and the growth of
criminal gangs, armed Senas, drug mafias, smuggling gangs and economic lobbies, which have
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over the years, developed an extensive net work of contacts with police, bureaucrats, government
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functionaries, politicians and media persons. However, much could not be done yet to free out r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
polity and governance from the unholy nexus of such groups.89

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4.6 Human Rights Violation by Police in India

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In India, an try has been made for the reason that 1999 to gather statistics on details of instances
the place human rights have been violated due to Police excesses such as `Illegal Detentions’,
`Fake Encounters’, `Extortion’, `Torture’, etc. by using National Crime Record Bureau, New
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Delhi and National Human Rights Commission, New Delhi, Under Home Ministry, Government
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of India. The details are by using NCRB’s Crime in India Report 2008, that as per the file 253
instances of Human Rights Violation by Police were said at some point of the united states for the
duration of 2008. Only 14 Policemen were charge-sheeted and only 08 of them were convicted for
r4 these Human Rights Violations during the year.90 Despite state prohibitions against torture and
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custodial misconduct by the police, torture is widespread in police custody, which is a major
reason behind deaths in custody (AHRC Report 2004). The police often torture innocent people
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until a 'confession' is obtained to save influential and wealthy offenders (ALRC 2004). G.P.Joshi,
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the programme coordinator of the Indian branch of the Commonwealth Human Rights Initiative
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in New Delhi comments that the main issue at hand concerning police violence is a lack of
accountability of the police.91 r4 r4 r4
28
r4 In 2006, the Supreme Court of India in a judgment in the case of Prakash Singh vs. Union of
India, ordered central and state governments with seven directives to commence the procedure of
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police reform.92 The important objectives of this set of directives had been twofold, imparting
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tenure to and streamlining the appointment/transfer techniques of policemen, and growing the
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accountability of the police r4 r4 r4
4.7 Control of government over police

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Usually, where the police are needed by government to deal with serious or significant law and
order problems of political significance such as terrorism, police excesses get state implicit or
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28
89. Sri N. N. Vohra Committee by Government of India (1993).
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90. Crime in India Report 2008,National Crime Record Bureau. New Delhi.
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91. N. V. Paranjape, Criminology&penology (Allahabad :Central law Publications 2008).

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92. Prakash Singh v. Union of India 2006 8SCC 1.

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even explicit approval, if not encouragement and support. In some cases, the assurance of
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impunity is granted in advance. An example could be found in the address given on April 30,
1998 by the then Chief Minister of Uttar Pradesh (UP) Mr. Kalyan Singh. The Chief Minister,
while addressing the state police officers at a law and order review meeting in the state capital,
said:
I want performance results. I want you to take a vow that you will create a dhamaka (explosion) in
r4 the state. If noted criminals can be liquidated in encounters, do it. If you take the life of one
person who has taken the lives of 10 others, then people will praise you. And I am here to protect
you. This concern for maintenance of law and order does not inspire confidence in the public
because the credentials of political leaders expressing such concern are themselves questionable.
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As an editorial in a newspaper said in connection with a similar call made to the police force in the
r4 same state by a different Chief Minister: As it is, many of his ministerial colleagues, cutting
across political affiliations, have a criminal background. Surely their presence in positions of
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power can only encourage criminals.The right place for criminals is neither jungles nor the
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Assembly but behind bars. r4 r4 r4
When the assurance of impunity comes from the highest quarter in the State, police officers
become emboldened to misuse their powers or to become silent spectators to incidents involving
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major violations of law. They know that they cannot be asked to account for their acts of
dereliction of duty or misdeeds. r4 r4 r4 r4
4.8 MISUSE OF INVESTIGATIVE POWERS BY POLICE:

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Police, prosecution, judiciary and jails are supposed to be the pillars upon which the whole edifice
r4 of our Criminal Justice System is based. Among these four, police play a critical position 29inside
the Criminal Justice System and its disasters may additionally end result into breaking down of
the Criminal Justice System.93 The apathetic attitude of the investigating business enterprise
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29
93. Joshi, G. P, police Brutality in India, A media scan, Common wealth Human Rights Initiative, New
Delhi, November 2000. r4 r4
94. The Editorial in the Indian Express November 4,2000.

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95. Arvind Verma, Indian Police a Critical Evolution (Daya Books 2005).
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96. Government of India, Report:committee on Reforms of Criminal Justice System (Ministry of Home
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Affairs, March 2003). r4 r4
97. Sonal Lal Soni v. State of Chatsgarh 2005 SCC online chh 132.
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towards victim, reluctance to file a perfect FIR, non-adherence to law, unscientific and erroneous
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investigations are some of the modalities that may also end result in slipping away of the r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
offenders from the clutches of the Criminal Justice System. Quite often the agency entrusted with
the task of ascertaining the truth sacrifice it (truth) for its own convenience, vested interest and
unprofessional attitude thus benefiting the offenders.94 Manipulation of evidence, false witness, r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
delaying tactics, shoddy investigation, accusation against innocent persons and threatening the
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real witnesses to keep them away from the case are some of the instances of how police misuses
its investigative powers.95

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Referring to various reports of Police Commissions, Malimath Committee noted the prevalent
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malpractices during the course of investigation. Investigation was found to be of very poor
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standard. A universal complaint was in regard to the poor quality of investigation. Another
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common complaint was in relation to the concoction of evidence and malicious padding of cases.
The Committee noted that,“The standard of police investigation in India remains poor and there is
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r4 considerable room for improvement.96 r4 r4 r4 r4
Even judiciary is cognizant of the methods adopted by the police during investigation which
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adversely affect the victim. Court in Sonalal Soni v. State of Chhattisgarh observed that improper
treatment of victims and their family members at the hands of investigating officers can be found
in ways such as keeping them in dark with no information of case progress or with no protection
being provided to victims or to their families.97

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It used to be located with the aid of the Hon’ble Supreme Court that the investigating officer is
obliged to be “diligent, trustworthy and fair in their approach and investigation.”Regarding the
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outcomes of ‘acts or omissions that resulted into misuse’ upon the case, courtroom made the
observation, that consideration of consequences is quite irrelevant. It is not vital that such misuse
end result in to some prejudice to the prosecution case. Only the deliberate act or irresponsible
mind-set of the investigating officer is sufficient to prove that there has been a misuse of
investigating electricity with the aid of the involved police officer. r4 r4 r4 r4 r4 r4 r4 r4 r4
4.8.1 modes of misuse r4 r4 r4 r4
4.8.1.1 No Arrest Or Action Taken By The Police For Protecting The Victim From The Accused
r4 Police didn't take any action on time in protecting the victim from the threats of criminal. It was
emphasized by the Delhi High Court that there should be swift response in dealing with the
distress calls. High Court said that police response time should not exceed 10 minutes. Observing
that quick police response time play a significant role in ensuring victims’ right to protection.
Delhi High Court said that, “It is very important to check the efficiency of police. You will have to
r4 ensure that you reach the crime scene before 10 minutes.” Calcutta High Court in the case of
Mosaref Hossain Mondal v. State of West Bengal & Ors17, took note of the police inaction in
dealing with the complaints of criminal intimidation. No action was taken by the police authorities
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r4 to provide any protection to the victim from such acts of threats and criminal intimidation.
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In the case of Vikas Kumar Roorkewal v. State of Uttarakhand and Others, a petition was filed
under Section 406 of Cr.P.C. 1973 for transferring the murder case of petitioner’s father from the
court of additional district judge, fast track Court, Haridwar (Uttarakhand) to the court of
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competent jurisdiction at Delhi. In this case father of the petitioner was brutally murdered via
three humans at his dwelling Petitioner filed current petition due to the fact he, his family
individuals and eye-witnesses had been being administered continuous hazard that they ought to
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no longer depose before the Court. Due to the threats to their existence they had been not in a
position to depose before the Court. One eye-witness had grew to become adversarial and trial
judge may want to now not do something to make sure that justice is done. It used to be claimed
by way of the petitioner that investigation was once below external impact and was not unbiased.
Malimath Committee took note that there are widespread instances of police not invoking
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appropriate sections of law, entertaining only written complaints and twisting facts to convert a
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30
cognizable case into a non-cognizable case or viceversa and also criticized these tendencies of
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police functioning in its report.98 r4 r4 r4 r4
Malimath Committee, after considering the issue of non-registration of complaints by police

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recommended for action against erring police officers. It was observed by the Committee r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
that,“According to the Section 154 of the Code of Criminal Procedure, the office in charge of a r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
police station is mandated to register every information oral or written relating to the commission
30
98. Dayal Singh & ors v. State of Uttaranchal, 2012 SCC online SC 580 at para 21.
99.The times of India page 6,june 2,2016.

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100. Mosaref Hussain Mandal v. State of West Bengal & ors, 2012 SCC online cal 4076.
101. Vikas Kumar Roorkewal v. State of Uttarakhand and others(2011)2 SCC 178.
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of a cognizable offence. Non-registration of cases is a serious complaint against the police. The
National Police Commission in its 4th report lamented that the police- -evade registering cases for
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r4 taking up investigation where specific complaints are lodged at the police stations- -. It referred to
r4 a study conducted by the Indian Institute of Public Opinion,99 New Delhi regarding- -Image of the
r4 police in India- -which observed that over 50% of the respondents mention non-registration of
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complaints as a common practice in police stations. r4 r4 r4 r4 r4 r4 r4
4.8.1.2 Entertaining Only Written Complaints: r4 r4 r4 r4
Police officers have a common practice of entertaining only written complaints. They either
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refuse to register an oral complaint or send back the complainant to bring a written complaint.
Police officers’ tendency to require informant to bring written complaints was also criticized by
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the Malimath Committee. Terming this practice as a wrong one, Committee observed that,
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“Registration is delayed resulting in valuable loss of time in launching the investigation and r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
apprehension of criminals.100” r4 r4
4.8.1.3 Delay In Registration Of Complaints: r4 r4 r4 r4 r4
In the case of State of Gujarat v. Kishanbhai and Others, it was observed by the Supreme Court
that though not only the relatives of the victim but the police as well were aware about the murder
of the victim, and the accused was also in police detention, still no complaint was filed till next
day. The case of Ram Padarath Singh v.101The State of Bihar (2014) which relates to the offense of
r4 abduction and murder, is a glaring example of ‘insensitive disinclination’ on part of the police to
perform its duties. Police kept pending the information given by the father of the deceased on
08/03/2013 and registered a case only after the locals’ protest on 12/03/13, that too after erasing
the actual date of information i.e., 08/03/2013.106

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In Manmohan Singh v. The State (G.N.C.T. of Delhi)31, court looked into the serious doubts
regarding the role performed by the investigating officer such as fabrication in FIR and recording
of dying declaration himself. The court docket stated the manner in which Investigating Officer
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misused the powers thus, “FIR was found to be recorded after due deliberation and consultations
on 25/02/2005 although the Investigating Officer was very nicely conscious of the commission of
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a cognizable offence through the dying statement of the sufferer on 20/02/2005.32 Investigating
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officer saved DD pending and despatched the rukka for registration of the case below Section 307
of Indian Penal Code on 25.02.2005. After recording of dying declaration, he stored mum for 4
days and did now not send the rukka to register the case even though a disclosure about a
cognizable offence was made to him thru the demise assertion of the sufferer. He kept the DD in
his pocket and did not take any initiative to register the FIR promptly. IO could not provide any
justification for such inordinate delay in lodging of FIR which he was supposed to register r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
promptly.”
4.8.1.3 Not Invoking Appropriate Sections Of Law:

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It was observed by the Malimath Committee that quite often police do not invoke the appropriate
Sections of Penal laws while registering the information. Police adopt this tendency to show
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minimum offences in their jurisdiction.108 In the case of Mosaref Hossain Mondal vs. The State
of West Bengal & Ors where a 14 year old girl was kidnapped and later on recovered during
investigation. It was observed by the Calcutta High Court that the police registered case under r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
Sections 363/366/120-B of Indian Penal Code and only after much persuasion, an offence under
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Section 376 Indian Penal Code was registered by the police.

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4.8.1.4Non-Registration Of A Case r4 r4 r4
In the case of Mohindro v. State of Punjab, it was submitted by the State that since there was no
credibility in the complaint, police without registering the case, started an inquiry. Supreme Court
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bench while directing for registration of the case held that alleged facts clearly indicate31 that
though police was approached by the appellant for registration of his case, it, without any reason
failed to register the case.102r4 r4 r4 r4
In Lallan Choudhary and ors v. State of Bihar and Anr, case under Section 452/323/34 was
registered but the one under section 395 was not registered even though allegations for the same
were in the complaint. It was observed by the Supreme Court that not registering FIR in case of a
cognizable offence results into miscarriage of justice and the concerned police officer has
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31
102. Government of India, Report:Committee on Reforms of Criminal Justice System (Ministry of Home
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Affairs, march 2003). r4 r4

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104. Ibid. r4 r4
105. State of Gujarat v. Kishanbhai and others 2014 SCC online SC 21.
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106. Ram padarath Singh v. State of Bihar 2014 SCC online at 6564 at para 6(ii).
committed a grave miscarriage of justice by denying registration of FIR for which he is statutorily
obliged103.
4.8.1.5 Not Keeping Secrecy Of Investigation:

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Kerala High Court in the case of George Muthoot v. State of Kerala criticized the way in which
investigation corporation has dealt with the case leaking out vital details of the incidence, for this
reason putting the secrecy of investigation at risk. Court made the commentary that,“We do now
not recognize basically, what was once the want of such press/media conference arranged. The
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crime has taken rarely 24 hours ago.Motive, involvement and identity of the accused and other
details are unknown but still this Inspector General of Police gives a detailed vivid story of the
entire before, during and after events of the incident. This press statement is something more than
mere suspicious.104 In our view, basically such pre-investigating conferences should be stopped as
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the secrecy of investigation is totally lost and accused would be forewarned or even his defense
during trial may be jeopardized.”105 r4 r4 r4 r4
4.8.1.6 Delay In Arrest:106 r4 r4 r4
In the case of Jainab Beevi v. Govt. of Tamil Nadu, preliminary investigation revealed that the
police custody of accused was sought after a delay of 10 days i.e., on 17.09.14 though the ‘honey
trap’ in the case that accompanied the victim was enquired on 04.09.14 and arrested on 05.09.14
and other accused were arrested on 07.09.14.113 Terming the investigation as improper,
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irresponsible and unfair with delay at every stage, Madurai bench of Madras High Court held
that,“There is an improper, irresponsible, unfair investigation and the investigation is not going in
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the proper direction and in every stage,there is a delay and more so for taking custody of the
accused. Hence,this Court holds that the investigation in this case is not done as per the statutory
provisions and it appears clear mala fide. To secure ends of justice this Court transfers the case to
the C.B.I.”
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4.8.1.7 Not Recording Of Statements Under Section 161 or 164 Of Criminal Procedure
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Code:
As per the provisions of Section 161 Cr.P.C. investigating officer is required to have a look at all
witnesses present on the spot and same have to be recorded in the case diary of the case. In the
case of Sonalal Soni v. State of Chhattisgarh and ors., it was determined by means of Chhattisgarh
High Court that two witnesses surely noted in their statements recorded under part 161 of
Criminal Procedure Code, 1973, that they had been present on the spot however there is lack of
any record with the investigating officer that exhibit an investigation blanketed these two
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witnesses about their witnessing the commission of murder. r4 r4 r4 r4 r4 r4 r4
In the above Sonalal soni case,persons claiming to be eyewitnesses were not examined by the
investigating officer that show how unfair was the investigation. Not only this, facts of the case
show that at the time of the incident there was still photography and videography going on; but
investigating officer did not conduct examination of witnesses visible in the videography. r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
4.8.1.8 Tampering With Important Evidence: r4 r4 r4 r4
Tampering with important piece of evidence is another method which frequently is resorted to by
the police during investigation which affects the prosecution case. In Bhikhalal Kalyanji Jethava
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v. State of Gujarat, mobile phone of deceased containing the record of threats made to the
deceased was recovered from the spot but inquest panchanama dated 21.07.2010 shows only its
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recovery without making any reference to its cover, but the very next day it was shown that a
black colour mobile cover was also recovered that contained blood stains inside and outside of
it.32After an order for ‘further investigation’ the mobile was sent to DFS Gandhinagar in a
transparent plastic box but without sign of any investigating officer. It was not deposited with the
court along with the charge-sheet. Report of FSL, Gandhinagar showed that it was without its
memory card.107 r4
4.8.1.9 Delay In Concluding The Investigation:

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In re Mst. Rijiya Bibi,matter involved was an unreasonable delay of 13 years in concluding the
investigation into the murder case of petitioner’s son. On three different occasions three different
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32
107. Manmohan Singh v. The State (G. N. C. T of Delhi) 2012 SCC online Del 2380.
108. Government of India, Report:Committee on Reforms of Criminal Justice System, (ministry of Home
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Affairs, March 2003) r4 r4
109. 2012 SCC online Cal 4076.

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110. (2001)9 SCC 581.

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111.Lolan chaudhary v. State of Bihar (2006)12 SCC 299 at para 11.

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112. George Muthoot v. State of Kerala 2010 SCC online ker 387.
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final reports were filed by the investigating officer. On the objection of the petitioner, acceptance
of these reports were denied by the learned judicial magistrate.108 Taking note of the fact that the
investigating officer has not fairly dealt with the investigation, learned judicial magistrate directed
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r4 for re-investigation into the matter by an officer not below the rank of Deputy Superintendent of
Police.109
4.8.1.10 Extraneous Influence On Investigation: r4 r4 r4 r4
Investigation in this case was found to be done under external influence and it was one sided. r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
Though vital revelations were made during the course of investigation but the same were ignored
so as to shield the political leader. Recognizing the external influence on investigation conducted
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by the SIT, the Kolkata High Court in the above case observed, “There is no hesitation to say that
the investigation has been done one sided;110 ignoring the vital and important revelation with the
definite object to protect the said political leader. The role of the SIT in the investigation is not
free from any blame. Despite the Court reposed confidence of the SIT,111 the manner in which the
investigation is conducted and the progress disclosed in the report filed from time to time, the r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
investigation have progressed with the extraneous influence and to shed and shelter some of the r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
abettor of the said offence.”112 r4 r4 r4 r4
Therefore Initiation of investigative procedure only is not sufficient to ensure justice to all
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concerned. The important aspect of an investigation is that it should conclude expeditiously.

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Expeditious conclusion not only helps in punishing the guilty at the earliest but maintain rule of
law in society. Rijiya Bibi’s case is an apt example of undue delay in investigation where the
matter of the murder of the petitioner’s son that occasioned on 8th of February, 2001, was kept
pending for more than 13 years. With the submission that the investigating officers are not
performing their duties in accordance with law, petitioner sought a direction for an expeditious
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investigation by CID. It was observed by Justice Tapabrata Chakraborty of Kolkata High Court r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
that instead of expeditiously completing the investigation, no efforts were made by the
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investigating officer to conclude the investigation.113 r4 r4 r4 r4 r4
Defects in the investigation quite often result in acquittal of the accused because of the concept of
‘benefit of doubt’. Affirming this position it was observed by Honourable Justice A.K.Patnaik and
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r4 Honourable Justice Gyan Sudha Mishra of the Bench of Supreme Court of India in Ganga Singh
v. State of Madhya Pradesh,114

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Victims of crime suffer secondary victimization due to the insensitive treatment given by the
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agency entrusted with the task of investigating the factual truth of a matter so as to help in
ensuring the justice in the case.115 Malimath Committee noted the pathetic condition of crime
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victim. It observed that victim suffer a secondary victimization due to harassment and indifferent
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attitude of police authorities.116 r4 r4 r4
33
4.8.1.11 Other Instances Of Police Inaction And Effect upon Right to Protection:
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News are quite common where victims suffer acts of further victimization because they protested
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against the primary victimization or brought the matter into the knowledge of concerned State
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authorities and the authorities failed in providing timely protection to the victim of crime.
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Recently, in Delhi, a victim was stabbed 24 times because he protested against the molestation of
his two daughters. Family members of the deceased claimed that they approached police too many
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r4 times but no help was provided to them.117 When offenders are left to roam free, there are chances
of their committing further acts of victimization. Proper investigation into criminal cases leads
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towards the identification of the real culprit and collection of clinching evidence whereas an
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33
113.2014 SCC online Mad 7180. r4 r4 r4 r4
114. Jainab beevi v. Government of Tamil Nadu SCC online mad 718 at para 25.
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115. Sonalal soni v. State of Chatisgarh 2005 SCC online chh 132.
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116. Bhikhalal Kalyanji Jeyhava v. State of Gujarat 2012 SCC online Guj 6072.
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insufficient or improper investigation results into failure of prosecution case or acquittal of the
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34
offender. Such offenders roam around with impunity and feel fearless in committing further acts
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of victimization. During the Criminal Justice Process, victims should be provided protection.
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Lack of such protection mechanism make them more vulnerable.118 In Delhi, a victim of gang-
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rape was forced to commit suicide because of the intimidation from one of the accused and his
family members who were trying to settle the matter out of court.
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r4
CHAPTER-V
CONCLUSION AND SUGGESTION r4 r4
The whole edifice of Criminal Justice System depends upon its investigating agency police.
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Police is entrusted with the task of providing protection to victims, to ensure their access to justice
r4 delivery system and to collect the best evidence so as to ensure just and fair investigation in the
case. Police is the first and foremost agency that comes into contact with the victims of a crime.
Victim visualizes the Criminal Justice System through the lenses of police functioning. A proper
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and positive functioning of police helps in cementing victims’ trust upon the Criminal Justice
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System
34
117. In re mst Rijiya Bibi Case, W. P. 10061 (w) of 2008,order dated 19/3/2014 available at
http://judis.nic.in/judis-kolkata-App/content.asp.
118. Ibid. r4 r4
r4 But the real picture is quite different from this image. As is clear from the analysis of court cases
in Chapter iv, too often police reaches quite late at the crime scene, where a prompt visit is
required. This late arrival is beneficial for the accused in too many ways. Offender may get
chances of not only manipulating or destroying evidences but of evading arrest and can also
threaten victim-witnesses for not reporting crime or not to depose against them.
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His faith and have faith upon the Criminal Justice System shatters when he is denied registration
of his grievance on one ground or different or his version is substantially modified whilst
registering the grievance so as to defend the accused. Sometimes victim is returned on the ground
of his grievance no longer being in writing, sometimes gorgeous section is not invoked or now
and again data of the case are so twisted that convert the nature of the case. All these methods of
police functioning consequences into failure of victims’ proper to access to justice.

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Police either deliberately avoid taking action against the offender or provide them ample support
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to create such a hostile environment where victim-witness feel terrorised to come forward to give
their testimony against the accused.

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r4 If a victim is able to pass through the first two obstacles of the police functioning i.e., no timely
protection in the aftermath of a crime and hurdles created in timely access to justice then he has to
pass through a maze of various methods of police functioning being practiced by police during the
r4 course of investigation.119 As is clear from the observation made in various court cases, police
35
adopts a variety of methods that may adversely affect justice in the case. Police reaches the
crime scene after distortion and manipulation of physical evidences present thereon. It collects
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these evidences selectively, secures them negligently and decides to send them or not to send them
r4 to forensic labs. Police either intentionally avoids or causes delay in getting the victim or the
accused medically examined. Police intentionally and deliberately avoids taking of victim-
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witness statements and if taken then, colour it or design it so as to prevent naming of accused or to
r4 implicate innocent persons. Police either intentionally avoids or postpone interrogation of the
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35
119.In re mst Rijiya Bibi Case, W. P. 10061 (w) of 2008,order dated 19/3/2014 available at
http://judis.nic.in/judis-kolkata-App/content.asp.
120. 2013 SCC online SC 572.
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121. Government of India, Report:Committee on Reforms of Criminal Justice System (Ministry of Home
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Affairs, March 2003). r4 r4

suspects or take steps as per the convenience of offender rather to take initiative in the interest of
justice. Even if police proceeds with investigation it will either drop name of offender from
charge-sheet or put his name in list of witnesses120.This whole misuse of investigative powers by r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
police make the case of prosecution weak and the benefit of all these irregularities pass on to the
accused thus resulting into failure of justice.If after going through all this trauma, victim retains
something worthwhile to substantiate the case of his victimization or the prosecution version, he
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can claim successfully and enjoy his human right to justice peacefully. Such a biased, motivated
and inadequate investigation leads towards victims’ losing.121

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Police accountability r4 r4
Police forces have the authority to exercise force to enforce laws and maintain law and order in a
state. However, this power may be misused in several ways. For example, in India, various kinds
of complaints are made against the police including complaints of unwarranted arrests, unlawful
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searches, torture and custodial rapes.To check against such abuse of power, various countries have
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r4 adopted safeguards, such as accountability of the police to the political executive, internal
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accountability to senior police officers, and independent police oversight authorities. r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
Both the central and state police forces come under the control and superintendence of the
political executive (i.e., central or state government).125 The Second Administrative Reforms
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Commission (2007) has noted that this control has been abused in the past by the political r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
executive to unduly influence police personnel, and have them serve personal or political
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interests.This interferes with professional decision-making by the police (e.g., regarding how to r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
respond to law and order situations or how to conduct investigations), resulting in biased
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performance of duties. r4 r4
To allow the police greater operational freedom while ensuring accountability, various experts
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have recommended that the political executive’s power of superintendence over police forces be
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limited. The Second Administrative Reforms Commission has recommended that this power be
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limited to promoting professional efficiency and ensuring that police is acting in accordance with
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law. Alternatively the National Police Commission (1977-81) suggested that superintendence be
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defined in the law to exclude instructions that interfere with due process of law, or that influence
operational decisions, or that unlawfully influence police personnel transfers, recruitments, etc.
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The Supreme Court has also issued directions of in this regard. The directions of the Supreme
Court in Prakash Singh vs Union of India122

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In 1996, a petition was filed before the Supreme Court that raised various instances of abuse of
power by the police, and alleged that police personnel perform their duties in a politically partisan
manner. The Supreme Court issued its judgement in 2006, ordering the centre and states to set up
authorities to lay down guidelines for police functioning, evaluate police performance, decide
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postings and transfers, and receive complaints of police misconduct. The court also required that
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minimum tenure of service be guaranteed to key police officers to protect them from arbitrary
transfers and postings.123 r4 r4
Though so many years have passed since the Supreme Court delivered a landmark judgment,most
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of the States have not complied with many of its directions to bring about police reforms.Some
States enacted laws and implemented the directions in part,prompting the court early this year to
once again remind all of them of the need for compliance.The matter is still pending.36
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In its september 22,2006 verdict in the prakash singh v union of India case, the court sought to
achieve two main objectives :functional autonomy for the police through security of tenure,
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streamlined appointment and transfer processes and creation of a "buffer bodu" between the
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police and the government ; and enhanced police accountability, both for organisational
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performance and individual misconduct.124 r4 r4 r4 r4
The seven directions were:

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1. a) Constitute a State Security Commission to ensure that the state government does not exercise
r4 unwarranted influence or pressure on the police ;125 r4 r4 r4 r4 r4 r4 r4
b) Lay down broad policy guidelines

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36
122. "nan stabbed 24 times in revenge", The times of India, page 5, April 8,2017.
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123. The Times of India, page 6,june 21,2016.

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124.available at https://victimsofcrime.org/help-for-crime-victims/get-help-bulletins-for-crime-
r4 r4
victims/the-criminal-justice-system(last visited on may 10,2019). r4 r4 r4 r4
125. "Handbook on Police Accountability, oversight and integrity", united Nations office on Drugs and
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Crime, 2011, r4
126. "public order", second Administrative Reforms Commission, 2007,http://arc.gov.in/5th%20 Report.

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Pdf. r4
c) evaluate the performance of the State police
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2. Ensure that the DGP is appointed through a merit-based, transparent process and secure a
minimum tenure of two years. r4 r4 r4 r4 r4
3. Ensure that other officers on operational duties(including SP's and Stayion House Officers) are
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also provided a minimum two-year tenure.

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4. Separate investigation, and law and order functions.

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5. Set up a police establishment board to decide transfers, pistings, promotions, and other service
related matters of officers of and below the rank of Deputy Superintendent of police and make
recommendations on postings and transfers above the rank of DSP.126 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
6. Set up a police complaints Authoritu at the state level to inquire into public compaints against
officers of and above the rank of DSP in cases of serious misconduct including custodial death,
grievous hurt, or rape in police custody, and at district levels to inquire into complaints against
personnel below the rank of DSP in cases of serious misconduct.

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7. Set up a National Security Council at the union level to prepare a panel for selection and
placement of chiefs of the Central police oganisations with a minimum tenure of two years.128
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The Second Administrative Reforms Commission and the Supreme Court have observed that
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there is a need to have an independent complaints authority to inquire into cases of police
misconduct. This may be because the political executive and internal police oversight r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
mechanisms may favour law enforcement authorities, and not be able to form an independent and
critical judgement. r4
For example, the United Kingdom has an Independent Office for Police Conduct, comprising of a
Director General appointed by means of the crown, and six different participants appointed by
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way of the government and the current members, to oversee complaints made in opposition to
police officers.129 Another example is that of the New York City Police which has a Civilian
Complaint Review Board comprising of civilians appointed by way of nearby authorities bodies
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and the police commissioner to inspect into instances of police misconduct.

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India has some independent authorities that have the power to examine specific kinds of
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misconduct. For example, the National or State Human Rights Commission may be approached in
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r4 case of human rights violations, or the state Lokayukta may be approached with a complaint of
corruption.
However, the Second Administrative Reforms Commission has noted the absence of independent
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oversight authorities that specialise in addressing all kinds of police misconduct, and are easily
r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
accessible. In light of this, under the Model Police Act, 2006 drafted by the Police Act Drafting
Committee (2005), and the Supreme Court guidelines (2006), states are required to set up state
and district level complaints authorities.

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Therefore the suggestions of various committees and most importantly the directions of Supreme
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court should be followed in letter and spirit, as it is the only way by which the true empowerment
37
police force is possible and it is only then the police force can become police 'service. Moreover
concepts like: r4
. Community policing and Beat policing should be encouraged.

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. Police should be made more tech savvy and modernisation of police should be given a
paramount importance in wake of the hi-tech crimes which are being committed.
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. Better infrastructure should be provided to the Police force so that it can deal with the crime
more effectively127. r4 r4
Vacancies and an overburdened force r4 r4 r4 r4
A high percentage of vacancies within the police forces exacerbates an existing problem of
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overburdened police personnel. Police personnel discharge a range of functions related to: (i) r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
37
127. Section 30,Draf Model Police Bill recommended by the National Police Commission (1977-
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81,available at http:/fikes/pdf/inpolice-act.pdf.last visited on 1 may 2019.

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128. Prakash Singh& ors v. Union of India (2006)8SCC1.

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129. Section 33,part II, Chapter 5,UK policing and crime Act, 2017.
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130. Website of New york City Civilian Complaint Review Board, last visited may,
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7,2019,http://www.nyc.gov/site/ccrb1 about /frequently - asked-questions - faq. Page. r4 r4 r4 r4 r4 r4 r4 r4

crime prevention and response (e.g., intelligence collection, patrolling, investigation, production
r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
of witnesses in courts), (ii) maintenance of internal security and law and order (e.g., crowd
control, riot control, anti-terrorist or antiextremist operations), and (iii) various miscellaneous
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duties (e.g., traffic management, disaster rescue and removal of encroachments). Each police
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officer is also responsible for a large segment of people.128

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The Second Administrative Reforms Commission has advocated that one way to decrease the
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burden of the police forces may want to be to outsource or redistribute some non-core police
features (such as visitors management, disaster rescue and relief, and issuing of courtroom
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summons)129 to government departments or non-public agencies. These functions do now not r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
require any exclusive expertise of policing, and consequently may additionally be performed
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through different agencies. This will also enable the police forces to provide extra time and power
to their core policing features.130

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Boosting infrastructure and capacity of the police forces includes increase in the number of police
personnel in the country, improvement in recruitment, training and service conditions including
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upgradation on one hand and improving the infrastructure, working hours, housing facilities onr4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
the other. Various studies on the police force in the country have revealed that while work pressure
r4 and complexities in handling law and order and investigating crime have grown at an enormous
pace, manpower growth has not been commensurate. Studies have also shown that often, police
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personnel need to be deputed as attachments in other superior offices, further reducing manpower
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for policing. To tackle this problem, there is an urgent requirement to recruit more people. Experts
r4 suggest that after 18 years of service, some CAPFs could switch to the Armed Police of the state.
This is one way of filling vacancies. Another reform is using technology to supplement
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manpower. There is a link between vacancies and lack of adequate training facilities. The latter
may be one reason preventing state police forces from quickly filling up the posts. To address this,
r4 experts suggest that some trained Central Armed Police Forces personnel can be deputed in
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states.
Crime investigation131 r4 r4
A core function of the state police forces and some central police agencies like the CBI is crime
investigation. Once a crime occurs, police officers are required to record the complaint, secure the r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
evidence, identify the culprit, frame the charges against him, and assist with his prosecution in
court so that a conviction may be secured. In India, crime charge has increased through 28% over
the final decade, and the nature of crimes is additionally becoming greater complicated (e.g., with
emergence of a range of types of cybercrimes and economic fraud).Conviction quotes

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(convictions secured per one hundred cases) however have been fairly low.132 In 2015, the r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
conviction rate for crimes recorded under the Indian Penal Code, 1860 was 47%. The Law
Commission has observed that one of the reasons behind this is the poor quality of investigations.
Crime investigation requires skills and training, time and resources, and adequate forensic
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capabilities and infrastructure. However, the Law Commission and the Second Administrative
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38
Reforms Commission have noted that state police officers often neglect this responsibility
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because they are understaffed and overburdened with various kinds of tasks. Further, they lack the
r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
r4 coaching and the understanding required to habits expert investigations. They also have
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insufficient prison expertise (on aspects like admissibility of evidence) and the forensic and cyber
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infrastructure accessible to them is each insufficient and outdated. In light of this, police forcesr4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
may additionally use pressure and torture to impervious evidence. Further, whilst crime
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investigations want to be fair and unbiased, in India they may additionally be influenced by means r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
r4 of political or other extraneous considerations. In mild of these aspects, experts have encouraged
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that states have to have their very own specialized investigation units within the police pressure
that are responsible for crime investigation. These units should not ordinarily be diverted for other
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r4 duties.133
r4 As per the report of the Second Administrative Reforms Committee, the State Police as well as
the CBI could be given the concurrent jurisdiction over investigation of certain crimes. Their
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investigation can then be given to a central agency like the NIA or CBI. These crimes could be:134
i. Organized Crime
r4 r4
38
131. Section 12, Protection of Human Rights Act, 1993;section 63,lokpal and lokayuktas Act, 2013.
r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
132.Section 159 and 173,Model police Act, 2006,Prakash singh v. Union of India, Supreme Court, writ
petition (civil) no. 310 of 1996,November 8,2010.

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133. "National Requirement of Manpower for 8-hour shifs in Police stations", Bureau of Police Research
and Development, August 2014.

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134. "Report No. 239:Expeditious Investigation and trial of Criminal cases Against Influential Public
r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
Personalities" Law Commission of India, March 2012, r4 r4 r4 r4 r4 r4

ii. Terrorism
r4
iii. Acts threatening National Security

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iv. Trafficking in arms and human beings

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v. Sedition
r4
vi. Major crimes with inter-state ramifications

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vii. Assassination of (including attempts on) major public figures.

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As suggested by the Supreme Court in Prakash Singh v. Union of India, “the investigating police
shall be separated from the law and order police to ensure speedier investigation, better expertise
and improved rapport with the people.” It also mentioned that there need to be “full coordination”
between the two. As per the 6th record of the National Police Commission, such a separation
should be limited to the police station stage underneath the Station House Officer (SHO). Officers
above the SHO would be responsible for both investigation and regulation and order.
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Implementing this suggestion would need more human resources but is worth pursuing. r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
Police-public relations r4
Police requires the confidence, cooperation and support of the community to prevent crime and
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disorder. For example, police personnel rely on members of the community to be informers and
witnesses in any crime investigation. Therefore, police-public relations is an important concern in

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effective policing. The Second Administrative Reforms Commission has noted that police-public
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relations is in an unsatisfactory state because people view the police as corrupt, inefficient,
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politically partisan and unresponsive.One of the ways of addressing this challenge is through the
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community policing model. Community policing requires the police to work with the
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neighborhood for prevention and detection of crime, upkeep of public order, and resolving r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
neighborhood conflicts, with the objective of imparting a better fine of life and experience of
security. It may additionally consist of patrolling by using the police for non-emergency
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interactions with the public, actively soliciting requests for carrier no longer involving criminal
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matters, neighborhood based crime prevention and developing mechanisms for grassroots
r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
feedback from the neighborhood.135 r4 r4 r4

Another desirable step for stream lining the police public relationship is the strengthening of the
beat system.The constable on beat duty should be instructed to contact the people from door to
door and be of help in solving their numerous problems by reporting them to the SHO and helping
r4 them with bare police resources.This would facilitate the creation of a strong and perfect bond
between the police and the public so that the public could consider the police as their helper and
not oppressor.136This would also help the police in collecting useful information on all aspects of
social life.Still another step for improving police-public cooperation should be the formation 39of
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such council or defence associations comprising of leading citizens in urban and rural
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localities.Regular meetings of these associations or councils would help both the sides in r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
understanding each others problems and seeking assistance as and when necessary. r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
Still some other step for enhancing police-public cooperation should be the formation of such
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council or defence associations comprising of main residents in urban and rural localities.Regular
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conferences of these associations or councils would help each the aspects in grasp each others r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
issues and looking for help as and when necessary.

r4 r4 r4 r4 r4 r4 r4 r4
To Sum Up r4 r4
The needs for a fast growing economy like India for safe environment particularly in light of the
complex security threats in present times are imminent. Terrorism, Left Wing Extremism, crimes
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including cyber-crimes, law and order issues threats which call for a strong and efficient police for
r4 internal security. A review of the police governance framework, the legal setup, the issues ailing
the police force –all call from making police reforms one of the greatest priority for the country.
The first-rate of police investigation into the crime has to be multiplied via The use of scientific
aids and immediate responses to that the public self belief in the police could maintain on
increasing with better police efficiency insolving there issues the shortage of investigating body
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of workers at police station stage appears to be one of the most important cause of increasing
prolong and inaction of the police in crime investigation.Even a number committees has
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highlighted this problem.It is regrettable that in India the news of police functioning are now not
being objectively stated in the media which has frequently been unjustified to the police by means
of highlighting the amplify of crime and police in effectivity rather than projecting police
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39
135. "14th Report:Reforms of the Judicial Administration", Volume 2,Law commission of India.
r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
136. Report of second Administrative Reforms Committee

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achievements.Their ought to be a publicity cell connected to each district police office with a view r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
r4 to imparting useful information to the press for publicity.Properly deliberate publicity

r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
applications are indispensable to boost up the picture of the police in public minds highlighting
the achievements which go unreported in any other case.

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For creating abright type of attitude in the police personnel the existing training curriculam and
programs need to be improved.The NPC has suggested that the training programs be so
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redesigned that the message of carrier and welfare goes to the trainees.They must also assist in
grasp the democratic values and people’s right to dissent and altering their behaviour
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accordingly.In a creating nation like ours where a plural society is experiencing amazing r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
demographic and monetary growth both in human and city environments,cultural and social r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
transformations, and the spurt in crime can only be contained by way of intense police- r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
community relationship.It has to beat way procedure closer to a better perception of every other’s
need.Though it has been cited in various suggestions however no longer but accompanied. r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
In my opinion the police should be freed from the dual control Director General of Police(DGP)
should be made equivalent to home secretary,and should not be placed under him. Dip should be
made answerable directly to the political executive only and commissonerate system should be
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implemented in all the major137 cities.Police should get more financial liberty and the police r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
should have the final call on how to spend the money for police modernisation;all this is only
possible when the head of the Police organisation is not subordinate to any executive(IAS). There
is an urgent need of modernising the police force as in today’s era we make our police work with
old-fashioned weapons ,majority of Police Stations do not even have a computer.Police personnel r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
are not trained and equipped to address crime138 which includes science and are
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sophisticated.Though there has been sure modernisation of police pressure and it’s a welcome r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
stepbbut we defiantly want to fasten up the system of modernisation to handle the new age crimes
effectively. r4
40
40
137. Prakash Singh v. Union of India (2006)8SCC 1.
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138. “Data on Police Organisations”, Bureau of Police Research and Development,

r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4
2015,http://www.bprd.nic.in/WriteReadData/userfiles/file/201607121235174125303FinalDATABOOKSM
ALL2015.pdf. r4

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CHAPTER-2

HISTORY :THE EVOLUTION OF POLICE

2. Available at https://en.oxforddictionaries.com/definition/police( last visited on may 1st,2019)

Police Under East India Company -

Indian Police Act of 1861-

Present Organizational Structure of Police -

reorganizing the police administration, " r4 r4 r4 r4

11.Report of the West Bengal Commission, Government of India, Chapter V 1952.

Halappa G. S. Karnatak University 1963.

13.Misra S. C." State Police Organisation in India.

the continent, see Encyclopedia Britannica, page 1685,Vol.12.

drudgery ofthe field.” r4 r4

History of criminal investigation – r4 r4 r4 r4 r4

and effectivity of investigation13

interrogations, r4 evidence r4 collection r4 and r4 preservation r4 and r4 various r4 methods r4 of r4

investigation.Modern-day criminal investigations commonly employ many modern scientific r4 r4 r4 r4 r4 r4 r4 r4

techniques known collectively as forensic science.Criminal investigation is an ancient science that

of judgment and law15."

investigation contemplated the compliance of act instructions as well as the cooperation of r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4

between the victim and any known offenders16. r4 r4 r4 r4 r4 r4

some jurisdictions) as the precedence of investigating terror crimes increased, positive

r4 give the tracking or individual matching to the evidence lower priority17

According to the hypotheses, even a minimal or nonexistent difference in the likelihood of

likelihood of being convicted due to self-fulfilling prophecies in the statistics. These

to ignore complaints for budget reasons.

governed by the various statutes, regulations and police standing orders.

Role, Functions and Duties of the Police in General

r4 The role and functions of the police in general are:

and dignity of the members of the public;

(b) to promote and preserve public order;

harmony, militant activities and other situations affecting Internal Security19;

corporations etc. towards acts of vandalism, violence or any type of attack;r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4 r4

agencies in implementing due measures for prevention of crimes;

the prosecution of offenders;

conflicts and promote amity; r4 r4 r4 r4

r4 necessary help and afford relief to people in distress situations; r4 r4 r4 r4 r4 r4 r4 r4 r4 r4

roads and highways; r4 r4 r4

r4 of social offences, communalism, extremism, terrorism and different things pertaining to to

safe custody and disposal in accordance with the procedure prescribed.

(n) To train, motivate and ensure welfare of police personnel.

Types of police in india r4 r4 r4 r4

administrative head of Ministry of Home Affairs. r4 r4 r4 r4 r4 r4

Central Armed Police Forces r4 r4 r4

Border Security Force r4 r4 r4

guarding of integral installations to counter-naxal operations.

Central Industrial Security Forcer4 r4 r4

Central Reserve Police Force r4 r4 r4

from guarding of essential installations to the counter-naxal operations20.

Indo-Tibetan Border Police r4 r4

National Security Guard r4 r4

Special Protection Group r4 r4 r4

Family Members at any location across India.

Sashastra Seema Bal (SSB) r4 r4 r4 r4

Central Bureau of Investigation r4 r4 r4 r4

are not given to the Central Government21.

pressure because of incompetency from the local police investigations.

Indian income tax department r4 r4 r4 r4

Punishment and desistance". r4 r4 r4

authority functioning under the Central Board of Revenue Act, 1963.

Directorate of Revenue Intelligence r4 r4 r4

The Directorate of Revenue Intelligence two (DRI) is an intelligence-based business enterprise

the Central Board of Excise and Customs

Central Economic Intelligence Bureau

offences and warfare r4 r4