INTRODUCTION
“My heroes are those who risk their lives every day to protect our world and make it a better place – police, firefighters and members of our armed forces.” Sidney Sheldon1 olice is the creation of the society and a part and parcel of the society. !t is one of the most ubi"uitous organisation of the society. #he policemen, therefore, happen happen to be the most visible representatives representatives of the government government.. !n an hour of need, danger, crisis and difficulty, when a citi$en does not know, what to do and whom to approach, the police station and a policeman happen to be the most appropriate and appr approa oach chab able le unit unit and and perso person n for for him. him. #he #he poli police ce are are e%pe e%pecte cted d to be the the most most accessible, interactive and dynamic organisation of any society. #heir roles, functions and duties in the society are natural to be varied, and multifarious on the one hand& and complicated, complicated, knotty and comple% comple% on the other. 'roadly 'roadly speaking the twin roles, which the police are e%pected to play in a society are maintenance of law and maintenance of order. POLICE
#he #he word word (pol (polic ice( e( is deri derive ved d from from the the )ree )reek k word word,, politeia which means (government(. !t refers to that segment of government, which deals with the protection of life and property, preservation of public tran"uility and maintenance of order, and the prevention and control of crime. *mong the various agencies of government, police is the most visible community agency and is often in the (limelight( of community scrutiny and evaluation. +
1 !nspirational uotes *nd uotations *bout -ife !n #he -aw nforcement rofession, /May 0, +10, 0.22 M3 http455www.successdegrees.com5inspirational6 "uotes6and6"uotations6on6law6enforce ment.html. "uotes6and6"uotations6on6law6enforce ment.html. 9S7#!:, /May 0, +10, ;.< M3 2 78*#96l 2-!74 * 8!S#29!7*- 9S7#!:, http455shodh ganga.inflibnet.ac.in5bitstream51=>5=+=>5050 ganga.inflibnet.ac.in5bitstream51=>5=+=>5050?chapter@+1.pdf ?chapter@+1.pdf
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2riginally, the word (police( was used in a wider sense to connote the management of internal economy and the enforcement of governmental regulation in a particular country. Aith the passage of time, the term began to be used in a restricted sense to mean an agent of the State to maintain law and order situation and to enforce the orders of criminal court. > Bifferent6different dictionaries define the term CpoliceD differently. Some of these are4 olice is a body of government employees trained in methods of law enforcement and crime prevention and detection and authori$ed to maintain the peace, safety, and order of the community.< olice is an organi$ed civil force for maintaining order, preventing and detecting crime, and enforcing the laws. 0 olice is an official organi$ation that is responsible for protecting people and property, making people obey the law, finding out about and solving crime, and catching people who have committed a crime.= olice is a constituted body of persons empowered by the state to enforce the law, protect property, and limit civil disorder.E
ENFORCEMENT OF LAW & ORDER IN INDIA
3 Supra note 1. 4-aw6enforcement agency /May 0, +10, .<410 M3 http455www.thefreedictionary.com5-aw6enforcementFagency. 5 olice, /May 0, +10, .<410 M3, http455dictionary.reference.com5browse5police. 6 olice, /May 0, +10, .<41= M3, http455dictionary.cambridge.org5dictionary5british5police. 7 olice, /May 0, +10, .<41E M3, http455en.wikipedia.org5wiki5olice.
2
-aw enforcement in !ndia is performed by numerous law enforcement agencies. -ike many federal nations, the nature of the 7onstitution of !ndia mandates law and order as a subGect of the state, therefore the bulk of the policing lies with the respective states and territories of !ndia. #hese agencies can be divided into four categories4 1. Hederal law enforcement agencies of !ndia +. Metropolitan law enforcement agencies of !ndia >. Specialist law enforcement agencies of !ndia <. State law enforcement agencies of !ndia *t the central level, the many agencies are part of the Inion Ministry of 8ome *ffairs, and support the states in their duties. -arger cities also operate metropolitan police forces, under respective state governments. *ll senior police officers in the state police forces, as well as those in the federal agencies, are members of the !ndian olice Service /!S3. CENTRAL AGENCIES
#he central agencies are controlled by the 7entral )overnment of !ndia. #he maGority of federal law enforcement agencies are controlled by the Ministry of 8ome *ffairs. #he head of each of the central law enforcement agencies is always an !ndian
olice
Service /!S3. #he
7onstitution
assigns
responsibility
for
maintaining law and order to the states and territories, and almost all routine policing Jincluding apprehension of criminalsJis carried out by state6level police forces. #he constitution also permits the central government to participate in police operations and organisation by authorising the creation of !ndian olice Service. 7entral police forces can assist the state(s police force, but only if so re"uested by the state governments.K
8 -aw nforcement in !ndia /May 0, +10 <4>0 .M.3 http455en.wikipedia.org5 wiki5-aw?en6forcement ?in?!ndia.
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STATE POLICE
ach state and union territory of !ndia has a state police force, headed by the 7ommissioner of olice /State3 or Birector )eneral of olice /B)3. ach state is controlled by the 7hief Minister and 8ome Minister . #he state police are responsible for maintaining law and order in townships of the state and the rural areas. #he olice *ct of 1K=1 established the fundamental principles of organisation for police forces in !ndia, and, with minor modifications, continues in effect. 7onse"uently, although state6level police forces are separate and may differ in terms of the "uality of e"uipment and resources, their patterns of organisation and operation are markedly similar. * Birector6)eneral or !nspector )eneral, answerable to the home secretary of the state, heads each state, union territory, or national capital territory police force. Inder the !nspector )eneral are a number of police LrangesL composed of three to si% districts, headed by Beputy !nspectors )eneral. Bistrict police head"uarters are commanded by Superintendents. Bistrict Superintendents have wide discretionary powers and are responsible for overseeing subordinate police stations as well as specialty elements, such as
criminal investigation
detachments, e"uipment
storehouses and armouries, and traffic police. Many large districts also have several assistant district superintendents. Since the late 1;Ks, women have entered in larger numbers into the higher echelons of the !ndian police, mostly through the !ndian olice Service system. Aomen police officers were first used in 1;E+ and a number of women hold key positions in various state police organisations. 8owever, their absolute numbers, regardless of rank, are small. Iniformed and undercover women police officers have been deployed in ew Belhi as the *nti6ve #easing S"uad, which combats se%ual harassment against women /LvesL3. Several women6only police stations have also been established in #amil adu to handle se% crimes against women.;!n addition to the state police, maGor !ndian cities have their own police forces which follow the olice 7ommissionerate System like 'arrack pore olice 7ommissionerate in Nolkata. #he 7hief of Metropolitan olice is the olice
9 Ibid .
4
7ommissioner . 9eporting to the olice 7ommissioner are the Ooint olice 7ommissioner, Beputy 7ommissioner
of olice and olice.
#he maGority of
metropolitan police forces are subordinate to the state government. #he e%ceptions are the Belhi olice, which as part of the Inion #erritory 7adre are directly under the federal Ministry of 8ome *ffairs. *ll other metropolitan forces report to their respective state governments.1 #he advent of !ndian independence transformed the political system, but the police system retained its colonial underpinnings. #he olice *ct of 1K=1 was not replaced. olitical control over the police remained intact. #he olice *ct, 1K=1 remains the central piece of legislation that governs all aspects of policing in !ndia. Much of police work is also administered by the !ndian enal 7ode /!73, the 7ode of 7riminal rocedure and the !ndian vidence *ct 1KE+. #he olice *ct, 1K=1 *ct was established directly after the !ndian Mutiny of 1K0E. #he e%perience of such firm resistance led the colonial rulers to impose a regime police force upon their subGects, which could be used solely to consolidate and perpetuate their rule in the country. !n fact, the 1K=1 *ct instituted a police system designed to be absolutely subservient to the e%ecutive and highly authoritarian. #he managerial philosophy of the police hierarchy was based on distrust of the lower ranks. FUNCTIONS OF THE POLICE
#he primary function of the police is Crevention of 7rimeD and CMaintenance of -aw and 2rderD. *part from these primary functions, the police also perform various other functions. #hese are4 a3 to uphold and enforce the law impartially, and to protect life, liberty, property, human rights, and dignity of the members of the public& b3 to promote and preserve public order&
10 Ibid.
5
c3 to protect internal security, to prevent and control terrorist activities, breaches of communal harmony, militant activities and other situations affecting !nternal Security& d3 to protect public properties including roads, railways, bridges, vital installations and establishments etc. against acts of vandalism, violence or any kind of attack& e3 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 co6operating with other relevant agencies in implementing due measures for prevention of crimes& f3 to accurately register all complaints brought to them by a complainant or his representative, in person or received by post, e6mail or other means, and take prompt follow6up action thereon, after duly acknowledging the receipt of the complaint& g3 to register and investigate all cogni$able offences coming to their notice through such complaints or otherwise, duly supplying a copy of the Hirst !nformation 9eport to the complainant, and where appropriate, to apprehend offenders, and e%tend re"uisite assistance in the prosecution of offenders& h3 to create and maintain a feeling of security in the community, and as far as possible prevent conflicts and promote amity& i3 to provide, as first responders, all possible help to people in situations arising out of natural or man6made disasters, and to provide active assistance to other agencies in relief and rehabilitation measures&
6
G3 to aid individual, who are in danger of physical harm to their person or property, and to provide necessary help and afford relief to people in distress situations& k3 to facilitate orderly movement of people and vehicles, and to control and regulate traffic on roads and highways& l3 to collect intelligence relating to matters affecting public peace, and all kind of crimes including
social offences, communalism,
e%tremism, terrorism and other matters relating to national security, and disseminate the same to all concerned agencies, besides acting, as appropriate on it themselves& m3 #o 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. POWERS OF POLICE
#he police have primary function of maintaining law and order in society. #herefore, numerous powers are given to the police under the 7ode of 7riminal rocedure, 1;E> include preventive arrests, security proceedings, removal of public nuisances, prohibitory orders and also deal with disputes that threaten peace. #he powers are meant to provide a sense of safety, security and confidence in all sections of society.
owers relating to *rrest4 7hapter five of the 7ode of 7riminal rocedure, 1;E> deals with the arrest of persons. Section <1 provides for situations where a olice officer may arrest without warrant4 /a3 who commits, in the presence of a police officer, a cogni$able offence&
7
/b3
against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion e%ists that he has committed a cogni$able offence punishable with imprisonment for a term which may be less than seven years or which may e%tend to seven years whether with or without fine, if the following conditions are satisfied, namely4J /i3
the police officer has reason to believe on the basis of such complaint, information, or suspicion that such person has committed the said offence&
/ii3
the police officer is satisfied that such arrest is necessaryJ /a3 to prevent such person from committing any further offence& or /b3 for proper investigation of the offence& or /c3 to prevent such person from causing the evidence of the offence to disappear or tampering with such evidence in any manner& or /d 3 to prevent such person from making any inducement, threat or promise to any person ac"uainted with the facts of the case so as to dissuade him from disclosing such facts to the 7ourt or to the police officer& or
/e3 as unless such person is arrested, his presence in the 7ourt whenever re"uired cannot be ensured& and the police officer shall record while making such arrest, his reasons in writing. /ba3
against whom credible information has been received that he has committed a cogni$able offence punishable with imprisonment for a
8
term which may e%tend to more than seven years whether with or without fine or with death sentence and the police officer has reason to believe on the basis of that information that such person has committed the said offence&”& /23
SubGect to the provisions of section <+, no person concerned in anon6 cogni$able offence or against whom a complaint has been made or credible information has been received or reasonable suspicion e%ists of his having so concerned, shall be arrested e%cept under a warrant or order of a Magistrate.”
Section <= sets out the manner in which the arrest should be made and section has been added. #his provision is a preventive provision in the 7ode of 7riminal rocedure which empower the police to arrest persons. Section 101 empowers a police officer to arrest any person, without orders from a Magistrate and without warrant, “if it appears to such officer” that such person is designing to commit a cogni$able offence and that the commission of offence cannot be prevented otherwise. Ae do not think it necessary to emphasis the width of the power. !t may be true that the satisfaction of the police officer contemplated by the e%pression “if it appears to such officer” is not subGective but is obGective but in !ndia, police officers making a wrongful arrest whether under section <1 or 101, are seldom proceeded against – much less punished.
Section 1+; of the 7ode of 7riminal rocedure 7ode empowers any S82 or police officer not below the rank of S! to command any unlawful assembly to
9
disperse, and if it does not disperse, to use such force as may be necessary and also effect arrest. #he powers conferred on the olice under this provision are both preventive and punitive. EXECUTIONOF LAW & ORDER UNDER THE POLICE ACT, 1861
1. Section 1+ provides that the !nspector6)eneral of olice may, from time to time, subGect to the approval of the State )overnment, frame such orders and rules as he shall deem e%pedient relative to the organi$ation, classification and distribution of the police6force, the places at which the members of the force shall reside, and the particular services to be formed by them& their inspection, the description of arms, accoutrements and other necessaries to be furnished to them& the collecting and communicating by them of intelligence and information, and all such other orders and rules relative to the police6force as the !nspector6)eneral shall, from lime to lime, deem e%pedient for preventing abuse or neglect of duty, and for rendering such force efficient in the discharge of its duties. +. Section 1> provides that on the application of any person showing the necessity thereof, the superintendent may employ or depute any additional number of police6officers to keep the peace at a specified place, at the charge of the applicant. >. Section 1< provides that the !nspector6)eneral may, with the consent of the State )overnment, employ or depute an additional force in the neighborhood of any railway, canal or other public work, or any manufactory or commercial concern at the charge of the person having the control or custody of the funds used in carrying on such work, etc. <. Section 1E provides that when it shall appear that any unlawful assembly or riot or disturbance of the peace has taken place, or may be reasonably apprehended, and that the police force ordinarily employed for preventing the peace is not sufficient for its prevention and for the protection of the inhabitants and the security of
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property in the place where such unlawful assembly or riot or disturbance of the peace has occurred, or is apprehended, it s hall be lawful for any police6officer, not below the rank of !nspector, to apply to the nearest Magistrate, to appoint so many of the residents of the neighborhood as such police6officer may re"uire, to act as special police6officers for such time and within such limits as he shall deem necessary, and the Magistrate to whom such application is made shall, unless he sees cause to the contrary, comply with the application. 0. Section ++ provides that every police6officer shall, for all purposes in this *ct contained& he considered to be always on duty, and may, at any time, he employed as a police6officer in any part of the general police6district. Section +> provides that it shall be the duty of every police6officer promptly, to obey and e%ecute all orders and warrants lawfully issued to him by any competent authority& to collect and communicate intelligence affecting the public peace& to prevent the commission of offences and public nuisances& to detect and bring offences to Gustice and to apprehend all persons whom he is legally authori$ed to apprehend, and for whose apprehension sufficient ground e%ists& and it shall be lawful for every police6officer, for any of the purposes mentioned in this section, without a warrant to enter and inspect, any drinking6shop, gaming6house or other place of resort of loose and disorderly characters. Moreover it shall be lawful for any police6officer to lay any information before a Magistrate and to apply for a summon, warrant, search warrant or such other legal process as may, by law, be issued against any person committing an offence. * duty is cast on every police6 officer 4 /i3
to take charge of all unclaimed property& .
/ii3
to furnish an inventory of such property to the Magistrate of the district& and
/iii3 to dispose of the property in accordance with the MagistrateDs order. =. Section >4
11
/l3
#he Bistrict Superintendent or *ssistant Bistrict Superintendent of olice may, as occasion re"uired, direct the conduct of all assemblies and processions on the public roads, or in the public streets or thoroughfares, and prescribe the routes by which, and the times at which, such processions may pass.
/+3
8e may also, on being satisfied that it is intended by any persons or class of persons to convene or collect an assembly in any such road, street or thoroughfare, or to form a procession which would, in the Gudgment of the Magistrate of the district, or of the sub6division of a district, if uncontrolled, be likely to cause a breach of the peace, re"uire by general or special notice that the persons convening or collecting such assembly or directing or promoting such procession shall apply for a license.
/>3
2n such application being made, he may issue a license, specifying the names of the licensees and defining the conditions on which alone such assembly or such procession is to be permitted to take place, and otherwise giving effect to this section4 rovided that no fee shall be charged on the application for, or grant of any such license.
/<3
Music in the streets4 6 8e may also regulate the e%tent to which music maybe used in streets on the occasion of festivals and ceremonies.
E. Section >2*4 /l3
*ny Magistrate or Bistrict Superintendent of olice or *ssistant Bistrict Superintendent of olice or !nspector of olice or any police6officer in charge of a station may stop any procession which violates the conditions of a license granted under the last foregoing section, and may order it or any assembly, which violates any such conditions, as aforesaid, to disperse.
/+3
*ny procession or assembly, which neglects or refuses to obey any order
12
given under the last preceding sub6section, shall be deemed to be an unlawful assembly. K. Section >K4 *ny person who, on any road or in any open place or street or thoroughfare within the limits of any town to which this section shall be specially e%tended by the State )overnment, commits any of the following offences, to the obstruction, inconvenience, annoyance, risk, danger of damage of the residents or passengers shall, on conviction before a Magistrate, be liable to a fine not e%ceeding fifty rupees, or to imprisonment with or without hard labour not e%ceeding eight days& and it shall be lawful for any police officer to take into custody& without a warrant, any person who, within his view, commits any of such offences namel y 46 1. Slaught!"#g $attl, Cu!"%u !"'"#g, t$( 6 *ny person who slaughters any cattle or cleans any carcass& any person who rides or drives any cattle recklessly or furiously, or trains or breaks any horse or other cattle& +. C!ult) t% a#"*al 4 *ny person who wantonly or cruelly beats, abuses or tortures any animal& >. O+t!u$t"#g a#g! 4 *ny person who keeps any cattle or conveyance of any kind standing longer, than is re"uired, for loading or unloading or for taking up or setting down passengers, or who leaves any conveyance in such a manner as to cause inconvenience or danger to the public& <. E-%"#g g%%' .%! al 4 *ny person who e%poses any goods for sale& 0. Th!%/"#g '"!t "#t% t!t4 *ny person who throws or lays down any dirt, filth, rubbish or any stones or building materials, or who constructs any cowshed, stable or the like or who causes any offensive matter to run from any house, factory, dung6heap or the like & =. 0"#g .%u#' '!u# %! !"%t%u 4 *ny person who is found drunk or riotous or
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who is incapable of taking care of him& E. I#'$#t -%u! %. !%#4 *ny person who willfully and indecently e%poses his person, or any offensive deformity or disease, or commits nuisance by easing himself, or by bathing or washing in an y tank or reservoir, not being a place set apart for the purpose & K. Ngl$t t% !%t$t 'a#g!%u la$ 4 *ny person who neglects to fence in or duly to protect any well, tank or other dangerous place or structure. !n addition to this, when any action of prosecution shall be brought or any proceedings held against any police6officer for any act done by him in such capacity, it shall be lawful for him to plead that such act was done by him under the authority of a warrant issued by a Magistrate. Such plea shall be proved by the production of the warrant directing the act, and purporting to be signed by such Magistrate and the defendant shall, thereupon, be entitled to a decree in his favor, notwithstanding any defect of Gurisdiction in such Magistrate. o proof of the signature of such Magistrate shall be necessary, unless the 7ourt shall see reason to doubt its being genuine. SEPARATE IN2ESTIGATION WING IN PUN3A011
9ecently the state of unGab separated investigation functions from law and order duties and established a separate unit of investigation which is known as Cthe 'ureau of !nvestigation /'o!3 with the obGect of bringing all investigation staff from different units under a unified command. #he move has been initiated by the state government as part of the police reforms and also to speed up tardy investigations across the state.
11unGab olice gets separate wing to speed up investigations, 8industan #imes dated Mar <, +10 /May 0, +10, 04> M 3 http455www.hindustantimes.com5chandigarh5investigation6law6and6order6duties6to6be6 separate6in6punGab5article161>+>E.asp%.
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Ney features of 'ureau of !nvestigation4
'ureau of !nvestigation, with E,EE+ personnel on its rolls initially, to bring all investigation staff from different units under unified command
Separate staff earmarked for investigations at three levels 66 police station, district5commissionerate concerned and head"uarters
•
ew wing to ensure professional and time6bound investigations.
CONCLUSIONS AND SUGGESTIONS
#he police play a vital role in the maintenance of law and order. !t is high time to think the reasons which causes hurdle to the police in performing their duties and of curing the e%isting discrepancies in the police department and thereby ensure the enforcement and e%ecution of law and order effectively. #here are various reasons which are responsible for poor enforcement of the law and order by the police. #hese are4 1. P%l"t"$al I#.!#$4 P!u! 4 #he police perform their duties under various pressures and political is among of them. ressure was e%erted in the following areas4 /13 hiring officers& /+3 promoting or demoting officers& />3 arresting offenders or enforcing specific laws& /<3 making unnecessary changes in personnel assignments, such as transfers to and from speciali$ed units. #he current instance is M%ga molestation case where the police official refused to register the H.!.9. despite of the guidelines of the 8onDble Supreme 7ourt regarding the registration of H.!.9. in numerous cases. +.
La$ %. P!%! T!a"#"#g( !n !ndia, there is lack of the speciali$ed trainingDs
workshops and programmes.
15
>. C%!!ut"%# 4 MaGority of the superior police officers are tempted to be corrupted. #hese officials create problems for their sub6ordinates and pressuri$e them to follow their illegal commands. 5 Sh%!tag %. ta..( Shortage of manpower at police stations leads to long duty
hours and stress. !t affects the "uality of work of the police system after all they are also human being.
7 La$ %. Su!"#t#'#$( -aw provides various wide discretionary powers
to the police to meet with any situation or contingencies. Bespite of knowing, there are various instances where the police officials misused their powers. #herefore, there is needed to make amendments in police laws as well as to take effective steps with the purpose of making role of police in e%ecution of law and order more effectively. #hese may be as follows4 1. S$"al"' T!a"#"#g4 Specialised and ade"uate training be given olice personal so that they may perform their duties honestly, sincerely and effectively. +. P!#t"%# a#' P!%t$t"%# .!%* P%l"t"$al I#.!#$ 4 !n this regard, Oustice -ord Benning has rightly observed that it is the duty of the 7ommissioner of olice and every chief constable to enforce the law of the land. 8e is answerable to the law of the land and to the law alone. 1+ >. Pu+l"$ C%9%!at"%#4 Ae cannot e%pect the police to change when the society itself is chained to a set of deep6rooted beliefs and preGudices. #hey will reflect the culture and attitudes of the society from which they emerged. !t is duty of every person to give accurate information to police and help them in performing their duties because the ultimately beneficiary will be a society.
12 9. v. Metropolian olice 7ommissioner %parte 'lack 'urn(s ca se, /1;=K3 + ' 11K.
16
<. A*#'*#t "# P%l"$ La/ 4 #he olice *ct 1K=1 should be reviewed time to time and necessary amendment should be carried in due time. 0. T% El"*"#at C%!!ut"%#4 * distinct and effective anti6corruption law should be enacted for police so that the bribery and all corruption activities amy be eliminated from the police practices. =. A':uat Ma#%/! 4 #here should be ade"uate no. of police official at all police stations so that they can perform their role in society effectively in any circumstances.
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0I0LIOGRAPH; 1 0a! A$t •
#he 7ode of 7riminal rocedure
•
#he olice *ct.
< N/a! •
Hindustan Times
= W+"t •
http455en.wikipedia.org
•
http://www.successdegrees.cm
•
http455shodh ganga.inflibnet.ac.in
•
http455dictionary.reference.com
•
http455dictionary.cambridge.org5
•
http455www.hindustantimes.com
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