Police

Background
Police reforms

According Art 246 police is a state subject and thus each state has the responsibility to draw guidelines, rules and regulations for their police. Indian Police Act (IPA-1861)
Organisational structure
DGP heads the police at state level. Field Establishment
States are divided into districts & district police is headed by SP
Group of districts form a range and are under a DIG
Some states have zones formed of 2 or more ranges and are placed under an IG
District is divided into sub-division and in charge is ASP or Dy.SP
Every subdivision has no. of police stations under an inspector. Police station is the most basic unit
Police station is divided into beats for patrolling, surveillance etc.
Under CrPC all crimes are to be reported in a police station. It is the first point os any police activity
Duties of Police (acc to IPA 1861)
Obey and execute all orders and warrant issued by competent authority
Collect and communicate intelligence affecting public order
Prevent commission of offences and public nuisances
Bring offenders to justice
Duties have expanded since and now include: maintaining law & order, riot control, crime investigation, protection of state assets, VIP protection, traffic control etc.

Centres role in policing

Though police is a state subject but Art 355 puts the onus of protecting state from disturbance and unconstitutional governance on the union govt. Accordingly List I of 7
Armed forces including para-military forces
CBI and investigation
Union institutes and agencies for training police officers, promotion of research and technical assistance to states
All India Services
Extension of powers and jurisdiction of members of one police force to another with consent of state or to outside railway areas
Issues/Problems regarding police

Colonial stigma
Old archaic laws/rules (CrPC, IPC, Evidence act) etc all belong to colonial times
Poor and inadequate police community relations
Poor image
Over centralisation
Over burdened organisation without adequate technological and managerial capacity
Problems related to general administration: poor enforcement of laws, large deficit b/w peoples expectations and results and lack of coordination b/w diff agencies
Problems related to police
Problems of infra, organisation and environment
Unwarranted police interference
Lack of motivation at lower levels due to poor career prospects and hierarchal shackles
Obsolete intelligence gathering
Divorce of authority from accountability
Problem of organisation behaviour: inadequate training, lack of sensitiveness, stress due to overburdening
Problems related to ethical functioning: corruption, collusion, absence to transparent procedures
Problems related to prosecution: best talent not recruited as prosecutors, lack of coordination b/w investigation and prosecuting agencies, mistrust in admitting evi
Problems related to judicial process: low conviction rate, large pendency, absence of victims perspective
Long working hours without lack of appreciation from govt, people etc.
Low income and few opportunities
Recommendations
National Police commission
GoI constituted NPC which 8 detailed reports b/w 1979-81 which contain recommendations such as

1st report: System of constable, who make up 85% of force, be radically changed. They should be properly trained and given duties that requires some discretion. A
2nd report: Stated basic role is to function as law enforcement agency. It said that interference from state govt to be minimised and should not pressurised leadin
to given mandate
3rd report: Dealt with evils of suppression of crime by non-registeration of cases. It emphasised role towards weaker section of society
4th report: Emphasised coordination b/w investigation and prosecuting agencies. Laid out parameters for enforcement of social legislations
5th report: recruitment & training of constables and sub-inspectors
6th report: recommended police commissionerates in large cities. Special provisions for handling riots
7th report: Internal mngmngt of force
8th report: recommended that State Security Commission to have independent cell for performance evaluation
Other committees
Robeiro Committee (1998): formed on PIL to SC on progress on NPCs recommendations
Padmanabhaiah Committee (2000): Police reforms in new millenia
Group of Minister on National security (2000): studied various security-related reports post Kargil

Malimath Committee (2003): Made far reaching recommendation to reform criminal justice system. Recommended that present Adversarial system should be imp
Supreme Court Directive
In Prakash Singh vs Union of India, 2006 SC laid out 7 directives for central and state govt to comply to kick-start police reforms. These directives were:
1.
2.
3.
4.
5.
6.
7.

Constitute State Security Commission to (i) Ensure state govt does not exercise unwarranted influence (ii) Lay down broad policy principles (iii) Evaluate performa
Ensure DGP is appointed through merit based transparent process and provide him min tenure of 2 yrs
Ensure that other police officers on operational duties are also provided min tenure of 2 yrs
Separate investigation and law and order functions
Setup Police Establishment Board to decide transfers, postings, promotions etc.
Setup Police Complaints Authority to inquire into public complaints against police officers above rank of DySP in cases of serious misconduct (custodial death, rape
Setup National Security Commission at union level to prepare a panel for selection and placement of Chiefs of Central Police Organisation with min tenure of 2 yrs

Since the 2006 SC order, 17 states have passed new Acts while 12 have issued executive orders. Almost none follow the SC order either in letter or in spirit.
According to National Crime Records Bureau (NCRB), there were over 12 lakh pending investigation cases with the police across the country. SCs attempt at separating

Barring Bihar, Gujarat, Karnataka and Kerala, no state has agreed to give powers of transfer to the Police Establishment Board. Reasons for DGPs removal tenure have be
UNDPs A2J Project Coordinator Navaz Kotwal, who has worked extensively on police reforms, is more worried about implementation even if right laws are passed.

ARC Report

PDF File

Current
Police not to take moral stand
Bombay High Court wanted to know under what provisions the police raided hotels in suburban Malvani recently and detained several couples. The police cannot take a m

DPSE Amendment Act

Bill amends the Delhi Special Police Establishment Act, 1946. The Act constitutes a special police force to be called the Delhi Special Police Establishment (also known as

Act provides for a three member committee comprising the PM (Chairperson), the CJI or a Supreme Court judge nominated by him, and the Leader of Opposition
Bill amends this provision in relation to the Leader of Opposition. It states that where there is no Leader of Opposition, the Leader of the single largest Opposition

The Bill introduces a provision that states that the appointment of a Director would not be invalid on the grounds of any vacancy or absence of a member of the Com