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INTRODUCTION Indian civilization is one of the most ancient civilizations of the world, and so are its various systems and sub systems. Accordingly, the Indian Police has a long past and has reached its present state passing through various social, political and cultural vicissitudes. The existing police system in India appears to be a unique and peculiar amalgam of various features of Ancient, Mughal and ritish police and policing systems. The present police system structurally and functionally owes its existing to the various Acts and !nactments promulgated by the colonial rulers. The Indian Police Act, 1861 is the basic o!ndation o the present day Indian Police . It is, therefore, correctly said that the present day Indian "olice #ystem, in contemporary contexts, has beco"e old, archaic and o!t#dated . There is an urgent need to replace this system. The $on%ble
#upreme &ourt of India, has therefore, issued directions to the &entral 'overnment and the #tate 'overnments to enact new "olice Acts. &onsequently, a $odel Police Act, has been formulated and circulated to the various #tate 'overnments, and the #tate governments are preparing to enact new "olice Acts for their respective police organizations(. "olice are one of the most ubiquitous organizations of the society. The policemen, therefore, happen to be the most visible representatives of the government. In an ho!r o need, danger, crisis and diic!lty, %hen a citi&en does not 'no%, %hat to do and %ho" to approach, the police station and a police"an happen to be the "ost appropriate and approachable !nit and person or hi"( The police are expected to be the most accessible, interactive and dynamic
organization of any society. Their roles, functions and duties in the society are natural to be varied, and multifarious on the one hand) and complicated, *notty and complex on the other. )roadly spea'ing the t%in roles, %hich the police are e*pected to play in a society are "aintenance o la% and "aintenance o order . $owever, the ramifications of these two duties
are numerous, which result in ma*ing a large inventory of duties, functions, powers, roles and responsibilities of the police organization. "olice in India primarily belong to the +tate ist o the Constit!tion and, therefore, police, policing and various police matters basically fall into the
+urisdiction of the respective #tate governments. "olice organizations are identified by the name
of the #tate to which they belong, and even their nomenclatures are given after the names of the respective #tates, i.e. a+asthan "olice, Assam "olice, ihar "olice, -erala "olice etc.,etc.
1( Role, -!nctions and D!ties o the Police in .eneral/ # The word Police is defined in the Indian "olice Act (/0( and in various "olice Acts. The &ode of &riminal "rocedure (123 confers wide powers and duties upon "olice which are as follows4 56
The role and !nctions o the police in general are/
to uphold and enforce the law impartially, and to protect life, liberty, property, human
rights, and dignity of the members of the public) to promote and preserve public order 3) to protect internal security, to prevent and control terrorist activities, breaches of
communal harmony, militant activities and other situations affecting Internal #ecurity) to protect public properties including roads, railways, bridges, vital installations and
establishments etc. against acts of vandalism, violence or an y *ind of attac*) to prevent crimes, and reduce the opportunities for the commission of crimes through their o%n pre0enti0e action and "eas!res as well as by aiding and cooperating with
other relevant agencies in implementing due measures for prevention of crimes)
+ocial Responsibilities o the Police !very police officer shall5
behave with the members of the public with due courtesy and decorum, particularly so in
dealing with senior citizens, women, and children) provide all requisite assistance to victims of crime and of road accidents, and in particular ensure that they are given prompt medical aid, irrespective of medico6legal formalities,
and facilities their compensation and other legal claims) render all requisite assistance to the members of the public, particularly women, children, and the poor and indigent persons, against criminal exploitation by any person or
organized group) preserve, promote and protect human rights and interests of wea*er sections, bac*ward classes, poor, wea* and the downtrodden.
2 www.police.pondicherry.gov.in 3 section 144 of CrPC ,1973
$aintenance o ssential +er0ices 7hen the #tate 'overnment declares any specified service to be an essential service to the community, it shall be the duty of the police to maintain the essential service .
2( egal Perspecti0e O Police Proced!re in India 56 8rom above mentioned duties it is clear that Police occ!pies a do"inant place in str!ct!re o society and is thereore responsible or orderliness o society . 8or the full attainment of the
abovementioned ob+ectives Police is clothed %ith so"e po%ers d!ly constraint %ith the legal proced!re to be ollo%ed which is as follows 56
Registration o Cri"e 3 -irst Inor"ation Report "olice organization, in any society, is said to be the chief law enforcement agency of the criminal +ustice administration. &rimes and offences of general nature are, therefore, registered and investigated by the police stations. "olice station is the primary and basic unit of crime registration in all civilized societies. The common man whether victim, complainant or informer contacts police stations in the event of commission of a crime. It is expected that the police station will immediately ta*e action on the report received by it and would register the crime for initiating appropriate and adequate action in the matter. Any lapse on the part of police in this regard will land them in a situation of criticism. egistration of crime and recording of an 8I is thus, one of the fundamental duties of the police9. $ere followings things needs a detailed elucidation i.e 56
4b5 The -irst Inor"ation Report 4-IR5 4+ection#17 CrPc5 Information of the commission of a cognizable crime that shall first reach the police, whether oral or written, shall be treated as the 8irst Information. It may be given by a person acquainted with the facts directly or on hearsay, but in either case it constitutes the 8irst Information required by law, upon which the investigation under #ection (:2, &riminal "rocedure &ode, shall be ta*en up:.
4 section 154 of CrPC ,1973
-irst Inor"ation Report to ho" +ent
;nce copy of the 8irst Information eport will be retained in the #tation and another will be forwarded without delay to the Magistrate having +urisdiction. Use o the -irst Inor"ation Report
The 8irst Information eport is a very important document. It is the earliest record made of an alleged offence before there is time for its particulars to be forgotten or embellished. It can be used to corroborate or impeach the testimony of the person lodging it under +ections 17, 19 and 18 o the Indian 0idence Act(
Po%ers 3 D!ties o In0estigation The concepts of R!le o a% , D!e Process o a% and Nat!ral :!stice necessitate that all crimes should be registered promptly and they should be investigated impartially and competently. "olice #tation is the chief centre of registration of crime and, accordingly, the staffs posted there have legal powers and prescribed duties to investigate the crimes and cases.
1( Collection o 0idence Investigation is a process of connecting the offender to the offence. The +ob of investigation and particularly that of collection of evidence is a serio!s, sensiti0e and co"plicated one . This requires use of utmost intelligence, competence, presence of mind, s*ills of observation along with utilization of various tools and techniques of evidence collection. Collection o 0ario!s types o e0idences thro!gh scientiic interrogation and %ith the help o scientiic aids to in0estigation can absol0e the police o all the allegations %ith regard to !se o third degree "ethods(
5 R . V. K ELKAR , C RIMINAL P ROCEDURE 64 !"stern #oo$ Co%p"ny , &uc$now .,edn.5th ,2'13 (
Recording the +tate"ents o the itness
The investigating officer is empowered under #ection (0( &r"& to examine orally any person =including a suspect> who is li*ely to be acquainted with the facts and circumstances of the case. $e may reduce to writing the statement of each such person, and when he does so, he shall ma*e a separate record of each such person whose statement he records0. Conessional +tate"ent $ade to the Police
Though confession made to police officers are inadmissible2, under section 42 of Indian !vidence Act, if a statement is given by an accused to a police officer while in custody and that statement reveals the discovery of any material fact and in consequence of that statement if that material fact is discovered, that statement is admissible to the extent of such discovery. Recording o +tate"ents o itnesses and Conessions o Acc!sed by a $agistrate
In important cases, witnesses may be produced before ?udicial Magistrate) competent to record such statements under section (09 &r.".&. #uch statements can be used to contradict the statements given by the same person during the course of enquiry or trial. Case Diary
#ection (24 &r"& requires that every "olice ;fficer ma*ing an investigation should enter day b y day his proceedings in a diary, setting forth the time at which the information reached him, the time at which he began and closed his investigation, the place or places visited by him and a statement of the circumstances ascertained through his investigation.
2( Arrest, C!stody, )ail, Re"and and +earch After registration of 8I, visit to the scene of crime and collection of evidence, when an I; arrives at the conclusion that reasonable suspicion exits against the suspect that he has committed a crime and for completing the investigation his arrest is necessary, he "ay arrest hi" in accordance %ith the la%( After arrest the accused person is ta*en under the police custody, and
if the crime is bailable, he may be released on bail, and if the crime is non6bailable, the I; would approach the relevant court for providing police or +udicial custody as per the requirement of the ) RATANLAL & D HIRAJLAL , T HE C ODE urg"on,edn 2'th ., 2'13.( 7 section 25 - 2) of !/ ,1072
OF C RIMINAL P ROCEDURE
323 , &e*is +e*is,
investigation. Arrest, &ustody, ail and emand are therefore, essential ingredients of police investigation/. Po%er o Arrest
&hapter : of the &ode of &riminal "rocedures, (123 deals with various provisions of arrest =#ection 9( to [email protected]>. "olice officers derive their powers of arrest %itho!t %arrant from sections 9(, 94, 93=4>, [email protected], (41 and (:( &r"&. "rovisions of sections 90, 92, 91, :@, :(, :0, :2, (02 and (01 of &r"& deal with various procedures and precautions during and after arrest. The police under the above sections affect arrests without warrant) however, there are provisions when they are required to arrest persons with warrants. Arrest Preca!tions
Articles 4( and 44 of the &onstitution lay down that no one shall be depri0ed o his lie or liberty e*cept in accordance %ith proced!re established by la% and that arrested persons are
entitled to *now the grounds of their arrest and a right to consult and be defended by an Advocate of their choice and that every arrested person should be produced before a Magistrate within 49 hours. Arrest ta*es away the liberty of a person and should therefore be affected in strictly compliance of the law1.
+!pre"e Co!rt Obser0ations on Arrests
The police personnel carrying out the arrest and handling the interrogation of the arrestee should bear accurate, visible and clear identification and name tags with their designations. The particulars of all such police personnel who handle interrogation of the
arrestee must be recorded in a register. The "olice ;fficer carrying out the arrest of a person shall prepare a "e"o o arrest at the time of arrest and such memo shall be attested by at least one witness, who may be either member of the family of the arrestee or respectable person of the locality where the
0 RATANLAL & D HIRAJLAL , T HE C ODE edn 2'th ., 2'13.(
OF C RIMINAL P ROCEDURE
65 &e*is +e*is, urg"on,
9 NARENDER K UMAR , C ONSTITUTIONAL L AW O F I NDIA 361 /ll"h""d &"w /gency , "rid""d , edn 0th.,2'11 (
arrest is made. It shall also be countersigned by the arrestee and contain the time and date
of arrest(@. A person who has been arrested or detained and is being held in custody in a police station or interrogation centre or other loc*6up, shall be entitled to ha0e one riend or relati0e or other person 'no%n to hi" or ha0ing interest in his %elare inor"ed , as
soon as practicable, that he has been arrested and is being detained at the particular place, unless the attesting witness of the memo of arrest is himself such a friend or a relative of
the arrestee. The time, place of arrest and venue of custody of an arrestee must be notified by the police where the next friend or relative of the arrestee lives outside the district or town through the egal Aid Organi&ation in the District and the police station of the area
concerned telegraphically within a period of / to (4 hours after the arrest. The person arrested "!st be "ade a%are o this right to ha0e so"eone inor"ed of his arrest or detention as soon as he is put under arrest or is detained. An entry must be made in the diary at the place of detention regarding the arrest of the person which shall also disclose the name of the next friend of the person who has been informed of the arrest and the names and particulars of the "olice ;fficials in whose custody the arrestee
is. The arrestee should, where he so requests, be also examined at the time of his arrest about ma+or or minor in+uries, if any, present on hisher body. The ;Inspection $e"o; must be signed both by the arrestee and the "olice ;fficer affecting the arrest and its copy
provided to the arrestee. The arrestee sho!ld be s!b
#ervices should prepare such a panel for all Mandals and Bistricts as well. &opies of all the documents including the memo of arrest, referred to above, should be sent to the +urisdictional Magistrate for his record. The arrestee may be permitted to meet
his lawyer during interrogation, though not throughout the interrogation. A police control room should be provided at all district and #tate headquarters, where information regarding the arrest and the place of custody of the arrestee shall be
1' section 41# of CrPC , 1973
communicated by the officer causing the arrest, within (4 hours of effecting the arrest and it should be displayed on a conspicuous police board at the police control room((. +earch o the Arrested Person
7henever a person is arrested and not released on bail by a police officer a thorough search of his clothes and belongings should be made before putting him in loc*up. Articles found upon him other than necessary wearing apparel should be placed in safe custody . Arrest o -e"ale
7henever it is necessary to cause a female to be searched, the search shall be made by a 7oman "olice ;fficer or another female with strict regard to decency. Right o Arrested Persons
The arrested persons have certain rights with which the "olice ;fficers should be familiar. These are important from the human rights angle also besides being statutory provisions and should be respected. The important rights are 6 •
• • • • •
ight to be informed of the grounds of arrest(4 ight to be produced before a Magistrate without unnecessary delay and within 4 9 hours ight to consult a legal practitioner or any one of his choice ight to be informed of right to bail(3 ight of a person without means to free legal aid(9 and to be informed about it ight to be examined by a Medical ;fficer (:
A person who is arrested and not released on bail shall be detained in a secure area of the "olice #tation earmar*ed for such purposes, under constant watch.
Use o =andc!s 11 . . #"su v. t"te of 6est #eng"l / 1997 C )1' ( 12 section 5' of CrPC, 1973 13 section 5' of CrPC ,1973 14 section 3'4 of CrPC ,1973 15 section 54 of CrPC , 1973
The use of handcuffs or leg chains should be avoided and if at all, it should be resorted to strictly in accordance with the law mandated in +udgment of the #upreme &ourt in Pre" +han'ar +h!'la 0s( Delhi Ad"inistration =(1/@, 3 #&& :40> and Citi&en or De"ocracy 0s +tate o Assa" 41>>, ? +CC 97?5(
)ail /# ail broadly means surety security for release of a person who is arrested. A person is released on bail with or without sureties. ;ffences are of two types as far as bail is concerned, bailable and non6bailable. 7hen a person is arrested for a bailable offence, he is entitled to be released on bail either by the #$; or by court. In cases of arrests for non bailable offences, bail is discretion(0.
?( +cientiic Aids to In0estigation In order to ma*e the investigations ob+ective, impartial and value6neutral, use of various scientific aids to investigations must be made. The facts and evidence so collected could be further substantiated and corroborated with the help of scientific analysis and examination of various exhibits, items and materials available on the scene of crime or collected during investigation.
7( -inal Disposal 3 Co"pletion o In0estigation ;n the receipt of a report about the commission of a cognizable offence, an 8I is registered at the police station. Thereafter the I; underta*es several steps for collecting evidence against the accused person=s>. If there is enough evidence against the accused person=s>, the case is sent for trial to the court of law, and if enough and sufficient evidence is not available against the accused person=s>, the police %o!ld close the in0estigation as -inal Report [email protected] and the case file will be sent to the court for approving the investigation. This %hole process is called In0estigation .
1) RATANLAL & D HIRAJLAL, T HE C ODE urg"on, edn 2'th ., 2'13.(
OF C RIMINAL P ROCEDURE
9! &e*is +e*is,
!ic' 3 arly Co"pletion o In0estigation
#ection (23 &r"& lays down that every investigation by police made under &hapter DII &r.".&. shall be completed without unnecessary delay. All investigations must be completed within the time limit provided under section 90/ &r"&. Charge +heets
If, upon the completion of an investigation, it appears to the ;fficer6in6charge of a "olice #tation that there is sufficient evidence to warrant the filing of charge sheet against the accused, he %ill s!b"it to the $agistrate e"po%ered to ta'e cogni&ance o the oence, a charge sheet setting orth therein the na"es o the parties %ith their !ll addresses and o the persons,
who appear to be acquainted with the circumstances of the case, stating whether the accused =if arrested> has been forwarded in custody or has been released on bond, and, if so, whether with or without sureties(2.
( Prosec!tion o Cases Investigation and prosecution are two important aspects of the criminal +ustice system. Investigations are handled by police and the prosec!tion "atters are handled by prosec!tors . "olice, after conducting the investigation of a case, sends it to the court of law for trial.
Pre0enti0e Role o Police The twin important duties of police are5 maintenance of order and preservation of law. "olice are empowered to maintain law and order and prevent, investigate and detect crimes. Pre0ention, it is said, is better than c!re( In support of the preventive role of police the popular saying
explains that a stitch in ti"e sa0es nine . "revention of disorderly situations and that of crimes, therefore, is said to be a better strategy of policing the community. 4ii5 Pre0ention o cogni&able oences =(:( &r"&> 17 section 17' of CrPC , 1973
4iii5 Pre0enti0e Action by +ei&!re4 1: &r"&> 4i05 Urgent cases o n!isance or apprehended danger4 (99 of &r"&> 405 )reach o peace on acco!nt o disp!tes o0er i""o0able property = (9: &r"&> 40i5 +ec!rity or .ood )eha0ior and Beeping the Peace 4 #ection (@0 &r"& > 40ii5 +ec!rity or breach o peace4 (@2 &r.".&.> 40iii5 +ection 1> CrPC 4i*5 +ection 11 o the CrPC 4*5 Pre0enti0e pro0isions in special and local Acts/ In addition to the preventive measures
describe in the &"&, various special and local Acts also provide for situations and circumstances in which the police officer should initiate preventive action(/. 4*i5 Re"o0al o P!blic N!isances 4 #ection (33 &r"& >
$aintenance o a% 3 Order "reservation of peace and maintenance of order in the society is the primary and basic duty of the police department. "eace and development go hand in hand. If there is peace, tranquility and order in the society, development and progress of various sorts ta*e place in a natural way. ;n the contrary, if there is an atmosphere of disorder, disturbance and uncertainty, the overall development of the society will be a natural casualty.
egal Perspecti0e o Police Proced!re and =!"an Rights $uman beings are endowed with some basic rights, privileges and prerogatives which provide them with dignity and honour. This ma*es their lives decent, sacred and sacrosanct. These rights, privileges and prerogatives are popularly *nown as human rights. $uman rights are considered inalienable, sacrosanct and transcendental. They have also been accepted as being fundamental to dignified human life, individual growth and overall national development. $uman rights thus mean the right to life, liberty, equality and dignity as guaranteed by the Indian &onstitution(1.
10 RATANLAL & D HIRAJLAL, T HE C ODE urg"on, edn 2'th ., 2'13.(
OF C RIMINAL P ROCEDURE
269 &e*is +e*is,
"eople in authority as well as those possessing strength, money, political power and influence try to use police as an instrument of threat, awe and intimidation to realize their parochial and selfish ob+ectives. "olice powers in India are enormous. The extent of the use and application of police discretion is also quite wide. The possibility o their "is!se leading to 0iolations o h!"an rights is a nat!ral se!ence o the ne*!s bet%een !nscr!p!lo!s 0ested interests and corr!pt police"en . This nexus leads to violations of various types of human rights of citizens most
common of those are 6 police ail!re to in0estigate cri"[email protected] arrest on alse charges and illegal [email protected] tort!re and ill#treat"[email protected] and e*tra
)!t i %e analy&e the legal pro0isions %ith regards to d!ties , po%ers , and proced!re o Police in India in conte*t o h!"an rights and h!"an relations %e %ill ig!re o!t that the legal perspecti0es o Police proced!re in India is in co"patibility %ith h!"an relations and h!"an rights %hich can be ill!strated by the ollo%ing list 56
=!"an Rights o itnesses
!xamine witnesses at their place and do not call them to police station unless it is
difficult or impractical. !xamine women and children at their places of [email protected] emember witnesses are there to help investigation. Therefore deal with them
courteously. &hild witnesses should be handled with special care.
=!"an Rights o +!spects or Acc!sed
7hile surveillance as prescribed in the police regulations, authorized by law and approved by the #upreme &ourt, is permissible !nnecessary intr!sion into the pri0acy
19 PARAMJIT S J ASWAL, N ISTHA JASWAL , H UMAN R I"HTS Corpor"tion.eds.,1st ed. 2'12(
2' section 1)' of CrPC ,1973
AND L AW 23#
o persons is orbidden . Therefore a margin on the right lines should be drawn to avoid
any interference with the right to privacy. Interrogation of suspect is a power vested with the police. ut, interrogation should be within the legal framewor*. Prolonged detention in the na"e o interrogation "ay
a"o!nt to harass"ent and !lti"ately t!rn o!t as %rong!l conine"ent( +earches o places and more so dwelling houses have to be made strictly in accordance
with procedures laid down Cs (@@ &r.".&. "olice officer entering dwelling houses for searches should observe decency and decorum respecting the sentiments of women while discharging their duty. The assistance of women constable or women witness should be ta*en while searching the person of a woman. Any unlawful search not only vitiates the
purpose but gives opportunity to the accused to use the right of private defense. Attempts to torture accused or suspects to obtain confessions are not only an offence under +ection ?? or ??1 IPC but it is useless as such evidence is not admissible under law. esides there is a danger of the suspects or accused confessing falsely in order to
escape physical torture, in which case, one is li*ely to be misled in his investigation 4(. Eo accused should be forced physically or psychologically to say anything which is li'ely to be sel#incri"inating . #uch e0idence is prohibited !nder article 2 cla!se 4?5
of the constitution but voluntary disclosures of their own free will, while in police custody and discovery of a fact in consequence to that information is not barred under
#ection 42 I.!. Act. There sho!ld be no arbitrary arrest( All arrests must strictly conform to the requirements of law and procedure. Arrests need not be made +ust because a police officer has a power to arrest. The necessity to confine is the principle behind the law. The person to be arrested is entitled to *now the grounds for arrest as per Article 44 of the
&onstitution and #ection :@ of &r.".&. !very person arrested should be informed that he has right to go on bail, if it is a bailable offence and he should be informed that he may arrange for sureties =Article 44 of
&onstitution and #ection :@=4F of &r.".&.> The arrested person shall not be s!b Cr(P(C(5( $andcuffs should not be used without the
orders of the court. 21 K.D . "AUR , I NDIAN P ENAL C ODE 591 8nivers"l &"w Pulishing , +ew elhi ., edn 4th .,2'12 (
An accused person arrested shall have the right to be e*a"ined by a "edical
practitioner( =#ection :9 &r.".&.>. The arrested person shall not be detained !nnecessarily or a longer period than is
necessary and at any cost should be produced before a magistrate within 49 hours
excluding +ourney time. =#ection :2 &r.".&.> The arrested person is entitled to cons!lt any one o his choice and it shall not be
denied =Article 44 of the &onstitution>. The accused charged of any offence has a right to be deended by an ad0ocate of his
choice. =#ection [email protected] &r.".&.>. Buring custody, the arrested person is entitled or air treat"ent and no c!stodial tort!re or ill treatment is permissible. Most of the custodial deaths ta*e place during illegal detention. "roduce the accused
within 49 hours of arrest and obtain police custody from court for interrogation if necessary( This %ill increase the responsibility o police and "ini"i&e irresponsible c!stodial tort!res(
=!"an Rights o o"en A national policy for custodial ?ustice to women was recommended by an expert committee on custodial ?ustice to women, 'overnment of India =(1/3>. -ollo%ing are so"e o the i"portant g!idelines or police oicers dealing %ith %o"en/# 7omen shall be shown special treat"ent wherever they interfere with the system
whether as complainants, victims, accused, witnesses or inmates of institution, giving
respect for gender dignity and habitative concern for women. +eparate prisons and police loc'!ps, correctional centers and separate courts shall be
set up exclusively to deal with women. ecognizing the children of custodialised women as innocent, the #tate shall conscientiously respect the rights and privileges of the children accompanying the
women in custody. The police, prison, correctional, +udicial personnel dealing with women shall be specially
trained. 7omen shall be arrested only in case o absol!te necessity and only bet%een s!n rise
and s!nset except in exceptional cases. Arrests and search of women including interrogation shall be conducted according to strict standards o decency . 7omen police officers shall search women and escort
)asic a"enities and pri0acy shall be pro0ided to %o"en prisoners .
=!"an Rights o :!0eniles :!0enile :!stice 4Care and protection o children5 Act 2 is human rights legislation and is
enacted to lay down procedures while dealing with neglected and delinquent +uveniles. 0ery police oicer sho!ld be ac!ainted %ith the pro0isions o this Act %hile dealing %ith delin!ent
7hen a delinquent +uvenile =?uvenile in conflict with law> if arrested for committing any offence, shall not be 'ept in loc'!p nor handc!ed . $e shall be released on bail whether the offence is bailable or non6bailable provided an underta*ing is given by his parents or guardians to ta*e care of him and for production in court. If anybody does not
offer surety, he shall be forwarded to observation home pending enquiry. Interrogate a +uvenile delinquent with sympathy, care and caution. Guestion the +uvenile in isolation and never be authoritative. e *ind but firm. 7henever a statement is to be recorded from a +uvenile witness *eep him at ease and
ma*e him to spea* the truth away from influences. Bo not launch security proceedings against a +uvenile.
Thereore , as ar as legal pro0isions are concerned %e ha0e plethora o pro0isions sho%ing a caring attit!de and respect to%ard h!"an rights and h!"an relations ( +o %e donEt lac' in doc!"entation that is %ritten pro0isions g!iding Police oicials the procedure to be
adopted by them while honoring their duty and obligation of maintaining order and enforcing and implementing laws . )!t %hen it co"es to practice the 0iolation o h!"an rights is seldo" resorted to by the police oicials !nder the grab o peror"ing their d!ty to "aintain la% and order( =ere arise a need to !nderstand %hy police resort to s!ch !nethical proced!re to !lill their d!ties and the ans%er to that is as ollo%s /#
Reasons or 0iolation o =!"an Rights by Police #ome of the reasons for violation of human rights by police can be attributed to the following56
Hac* of interrogation techniques.
Hac* of scientific temper and professionalism. Hac* of *nowledge of criminal law and procedures for investigation. Cnrealistic public expectation for results. "olitical and official pressures for quic* results. Misconception that laws are not sufficient to achieve results legally. #adistic pleasure on the part of some police officers.
+!ggestions to $a'e Police $ore +ensiti0e to =!"an Rights /# The ollo%ing reco""endations are dra%n ro" "!ltiple so!rces, incl!ding =!"an Rights atchFs research indings, reports by bodies o the Indian go0ern"ent incl!ding the a% Co""ission and the National Police Co""ission, Indian co!rt decisions, st!dies by or"er and c!rrent Indian Police +er0ice oicers, and reports by Indian N.Os( )y co"plying %ith these s!ggestions Indian Police can be "ade "ore sensiti0e , alert and responsi0e to =!"an Rights and h!"an relations , %hich are as ollo%s /#
15 Red!ce h!"an rights 0iolations !nsure registration of 8irst Information eports . Investigate complaints of gender6based crimes . !nforce existing law regarding arrest and detention and establish further safeguards . Implement procedures for custodial death and enco unter *illings . 25 nd I"p!nity or Police Ab!se and $iscond!ct !stablish police complaints authorities ="&As> at the state and district level as mandated
by the #upreme &ourt #upport external accountability mechanisms !stablish robust internal accountability mechanisms !stablish responsibility of supervising police olster internal discipline 5 !stablish a detailed scheme defining police misconduct and
prescribing penalties educe inappropriate influences on police behavior ?5 )!ild a Proessional, Rights#Respecting Police Increase investigation resources and training Address the acute shortage of police personnel #ubstantially improve the training and enhance the role of constables educe demoralization and exhaustion of lower6ran*ing police by substantially
improving wor*ing and living conditions
75 To the Indian Parlia"ent Amend or replace the Police Act o 1861 with legislation conforming to the
requirements of the #upreme &ourt laid down in no. of cases . Amend the Cri"inal Proced!re Code %ith regard to -IR registration . To ensure prompt police aid to crime victims, amend #ection (:9 to explicitly state that a police station must register an 8I regardless of +urisdiction. Also amend it to permit low6 ran*ing police to record an 8I, in consideration of the police personnel shortage. Adopt the [email protected]@: "olice Act Brafting &ommittees recommendation to ma*e failure to register an
8I a criminal offense. Ratiy the Con0ention against Tort!re and Other Cr!el, Inh!"an or Degrading Treat"ent or "unishment and the International &onvention for the "rotection of All
"ersons from !nforced Bisappearance. +peciically deine tort!re and enorced disappearances as cri"inal oenses in the Indian Penal Code .
CONCU+ION The law enforcement agencies, police being the most important of them all, are under an obligation to protect human rights. The police, in a de"ocratic society, are e*pected to play the role o a bene0olent deender o ree peopleEs liberties and act as a g!ardian o p!blic peace and h!"an rights( A democratic state does not envisage the police as an instrument of
force and coercion which ultimately tends to violate human rights. In a co!ntry li'e India, the police are e*pected to play the role o a catalyst to social change ai"ed at the a"elioration o the bac'%ard, e*ploited, poor and illiterate "asses thro!gh the instr!"ents o h!"an rights(
&ommission of an offence by a person tantamount to the violation of one or another human right of an individual. "olice have the primary obligation to investigate each of such cases honestly, competently and with utmost ob+ectivity so that the wrong done to the victim with regard to the violation of his human rights is redressed as per the law of the land. hile discharging this pri"ary d!ty, the police sho!ld not orget that e0en the acc!sed person is endo%ed %ith basic and !nda"ental h!"an rights and in the discharge o their [email protected] they must ensure
that they do not violate or ma*e an encroachment upon his human rights.
y so doing the police will be able to restore the dignity and honour of human rights and repair the loss suffered by an individual as per the due process of law. At the same time they will also save themselves from being accused of violating human rights. The re!isite attit!dinal change and h!"an orientation to policing, in this conte*t, can be ens!red only %hen police "en at all le0els are "ade a%are o their d!ties, co""it"ents, obligations and responsibilities in !pholding and protecting h!"an rights( The paradoxical situation in this
context is that the security forces and the police who are primarily meant to protect human rights are often accused of violating them.
)I)IO.RAP=G Internet sites /#
.AUR , B(D ( , INDIAN PNA C OD = Cniversal Haw "ublishing , Eew Belhi ., edn