Police system in India
POLICE SYSTEM IN INDIA
INTRODUCTION:
The
prime and basic function of a well administered State is to maintain law and
order and preserve peace among its citizens. Police force has always been an
indispensable appendage of State organization in almost all the civil societies
of the world. However, with the progress of civilization and development of
knowledge, the dimensions of police functions have extended beyond limits.
ORIGIN
AND DEVELOPMENT:
It
is difficult to trace the history of an organized and legally controlled police
system before the British rule in India, but it is also incorrect to mention
that the police system in India is a creation of the British. There were security
measures in the Harappa Civilization. There were arrangements for internal
security for the defence of the city. Kautilya is also known as the father of
modern concept of police. Dandaniti propounded by Kautilya in Arthasastra was
the science of dealing with the crimes, punishments to be given to criminals.
During
British period a police commission was appointed in 1860 to study exhaustively
the police needs of the country and government which in turn gave rise to the police
act of 1861. Another landmark in the history of Indian Police was the
appointment of All India Police Commission in 1902, by Lord Curzon. The Indian
Police System and structure as presently organized are essentially based on an
Act 131 years old, the Police Act of 1861.
POLICE
IN INDIA :
India is multi-cultural
and vast country. Maintaining law and order in world’s largest democratic
country is an extremely difficult 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.
In India, “the police” is a state
subject and its organisation and working is governed by rules and regulations
framed by the state governments. These rules and regulations are generally outlined
in the Police Manuals of the state police forces. Each State has its separate
police force. Despite the diversity of police forces, there is something common
amongst them. This is due to four main
reasons:
- The structure and working of the
State Police Forces are governed by the Police Act of 1861, which is applicable
in most parts of the country.
- Major criminal laws, like the Indian
Penal Code, the Code of Criminal Procedure, the Indian Evidence Act etc are uniformly
applicable to almost all parts of the country.
- The Indian Police Service (IPS) is an
All India Service, which is recruited, trained and managed by the Central
Government and which provides the bulk of senior officers to the State Police
Forces.
- The quasi-federal character of the
Indian polity, with specific provisions in the Constitution, allows a
coordinating and counselling role for the Centre in police matters and even
authorizes it to set up certain central police organisations.
According to Article 246 of the Indian
Constitution, 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. Though the Constitution of India has
mandated ‘Police’ and ‘Public Order’ to be State subjects, there are certain
provisions in the Constitution, which empower the Central Government to
intervene in some situations or perform special functions in police
matters. 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 (Article 355).
As per List 1 of the 7th Schedule,
the Parliament has exclusive powers to make laws with respect to:
- the armed forces of the Union,
which includes the Central Para–Military Forces (Entry 2A);
- the Central Bureau of Intelligence and Investigation (Entry 8);
- the Union agencies and institutions for training of police officers,
promotion of special studies or research, scientific and technical assistance
in the investigation or detection of crime (Entry 65);
- all-India Services (Entry 70); and
- extension of the powers and
jurisdiction of members of one state police force to another with the consent
of that state or to outside railway areas (Entry 80).
Thus, 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 organizations known as Central Police
Organizations (CPOs). The CPOs can be broadly divided 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 Police Academy (NPA).
An
important power with Central Government is the appointment of IPS (Indian Police
Services) officers. Section 3 of the All India Services Act, 1951 empowers the
central government, after consultation with the state governments, to make rules
for the regulation of recruitment and the conditions of service of persons appointed
to an all India service including IPS. The senior duty posts are called cadres
and generally the cadre posts are filled with IPS officers. The central government
periodically re-examines the strength and compositions of each cadre in
consultation with state government and makes such alteration therein as it deems
fit.
POLICE ORGANISATION UNDER THE CENTRAL
GOVERNMENT
The Central Government determines
the selection and condition of service of All India Police Service Officer,
whereas the states determine the selection and conditions of all the lower
ranks. Home minister is responsible for maintaining of Police Training School
and Central Intelligence Department. It is responsible to government of India
for police administration. It guides and assists its counterparts in the States
on important matters relating to special problem of law and order and criminal administration.
It has always a great many important functions to perform, may it be in time of
peace or of emergency. It also convenes annual conference of the Inspector General
of Police which helps in better coordination of police work. In addition, the Ministry
distributes the police medals and national awards every year in recognition of
the outstanding police service rendered by the meritorious policemen in the States.
A few important specialized agencies
which the Central Government maintained are as follows:-
- Central Forensic Institutes:
These institutes are maintained to conduct
research and provide scientific aid necessary to detects criminals. These
institutes help in combating and preventing organized crimes such as
forging of documents, counterfeiting of currency and manufacturing of
explosives. West Bengal was the first State to establish the Forensic
Science Laboratory in Calcutta in 1953.
- Sevologist to the
Government of India: It is concerned with
analysis, identification, origin and grouping of blood and physiological
fluids and helps in investigation of murder, rape, suicide cases.
- The Central Finger
Print Bureau: The institution which started
functioning from 1955 records the finger print slips of all type of
criminals including international and interstate criminals. It readily
establishes finger print relationship identifies the old offenders. It
also organizes advanced training courses in finger print sciences.
- The Master of the
Mints: These agencies located in Calcutta
and Madras and their function is to furnish expert opinion on suspected
coins.
- The Master Indian
Security Printing: The institute furnishes
expert opinion and advice which establishes conclusively whether
particular bank notes stamps are genuine or not. This helps the police to
arrest the criminals in the trade.
- The Inspector of Explosives:
The country is divided into five circles for the administration with the
headquarters at Calcutta, Bombay, Madras, Agra and Gwalior. It has the
technical know- how examine the components, sensitivity and nature of
explosives used and establish the kinds of criminal offences.
In addition to the above agencies there
are other forces/ agencies raised by Union Government to meet the needs of the
security of the country both external and internal.
POLICE ORGANISATION UNDER THE STATE
GOVERNMENT :
The
police organization in the State is established in the Indian Police Act, 1861
and it is governed by this Act. Under
this Act, powers of the top police officers have been defined. Provisions of
appointment, dismissal, penalties etc, have been also defined. Police
department, in the State is placed under the charge of Home Minister who is
usually the Chief Minister or some senior member of the State Cabinet, assisted
by the Home Secretary, a senior member of the Indian Administration Services.
In a State at the top level of the police establishment is the Director General
and Inspector-General of police who is from the cadre of the Indian Police
Service. There are Inspector Generals, Deputy Inspectors General and Assistant
Inspector General to assist the Director General and Inspector General of
Police in smooth functioning. For effective administration purposes, the whole
state is divided into various ranges/zones keeping in view the geographical and
functional criteria. A zone consists of few districts. District headquarter are
the most important police set up in the state. It is headed by the Superintendents
of Police. Further, every district is divided into sub-divisions, which are
supervised by the assistant Superintendent of Police and Deputy Superintendents
of Police. The sub-division is divided into police circles. It is usually under
the supervision of an Inspector.
Police station (thana), if in city, is
supervised by an Inspector but otherwise, it is supervised by sub-inspector.
The incharge of the thana is called Station House Officer (S.H.O.). He is
responsible for the maintenance of law and order, and public tranquility within
its jurisdiction. He maintains the records and investigates the crimes too. To
assist him, there are Assistant Sub-Inspectors, Head Constables and Constables.
In addition to this hierarchical description of police at state level, there
are various police segments. These are unarmed police, armed police, railway
police, rural police and volunteer police.
The
State Police Force is divided into the armed and unarmed police or civil
constabulary. The unarmed police as evident from its name are uniformed force
but do not carry arms. Its personnel carry a short baton or a lathi in their
hands and can be seen usually on beat duties. On the other hand, the armed
police do not have daily contact with the public. It lives in cantonments
established in each state and is concentrated at a few points. It responds only
when situation involving public interest has arisen with the order from the
superior officer. A Personnel of the force hardly exercise any individual
discretion but usually acts as a group. It does not only have the exclusive
duty to quell public disturbances but also serves as guards for government
buildings and jails. It is also deployed on security arrangement for public
meetings or other similar events which draw a large crowd.
PRINCIPLES
OF POLICING :
There are certain basic
principles of policing which are discussed hereinbelow ;
- To prevent crime and disorder, as an
alternative to their repression by military force and severity of legal
punishment.
- To recognise always
that the power of the police to fulfil their functions and duties is dependent
on public approval of their existence, actions and behaviour and on their
ability to secure and maintain public respect.
- To recognise always
that to secure and maintain the respect and approval of the public means also
the securing of the willing co-operation of the public in the task of securing
observance of laws.
- To recognise always
that the extent to which the co-operation of the public can be secured diminishes
proportionately the necessity of the use of physical force and compulsion for
achieving police objectives.
- To seek and preserve
public favour, not by pandering to public opinion; but by constantly
demonstrating absolutely impartial service to law, in complete independence of
policy, and without regard to the justice or injustice of the substance of
individual laws, by ready offering of individual service and friendship to all
members of the public without regard to their wealth or social standing, by
ready exercise of courtesy and friendly good humour; and by ready offering of
individual sacrifice in protecting and preserving life.
- To use physical
force only when the exercise of persuasion, advice and warning is found to be
insufficient to obtain public co-operation to an extent necessary to secure
observance of law or to restore order, and to use only the minimum degree of
physical force which is necessary on any particular occasion for achieving a
police objective.
- To maintain at all
times a relationship with the public that gives reality to the historic
tradition that the police are the public and that the public are the police,
the police being only members of the public who are paid to give full time
attention to duties which are incumbent on every citizen in the interests of
community welfare and existence.
- To recognise always
the need for strict adherence to police-executive functions, and to refrain
from even seeming to usurp the powers of the judiciary of avenging individuals
or the State, and of authoritatively judging guilt and punishing the guilty.
- To recognise always
that the test of police efficiency is the absence of crime and disorder, and
not the visible evidence of police action in dealing with them
LEGAL
FUNCTIONS OF POLICE :
- Obey and execute all orders and warrants
lawfully issued by any competent authority;
- Collect and communicate intelligence
affecting the public peace;
- Prevent commission of offences and
public nuisances;
- Detect and bring offenders to justice;
and
- Apprehend all persons whom he is legally
authorised to apprehend and for whose apprehension sufficient ground exists.
- Promote and preserve public order;
- Investigate crimes, apprehend the
offenders where appropriate and participate in subsequent legal proceedings
connected therewith;
- Identify problems and situations that
are likely to result in commission of crimes;
- Reduce the opportunities for the commission
of crimes through preventive patrol and other prescribed police measures;
- Aid and co-operate with other relevant
agencies in implementing the prescribed measures for prevention of crimes;
- Aid individuals who are in danger of
physical harm;
- Create and maintain a feeling of
security in the community;
- Facilitate orderly movement of people
and vehicles;
- Counsel and resolve conflicts and
promote amity;
- Provide necessary services and afford
relief to people in distress situations;
- Collect intelligence relating to matters
affecting public peace and crimes in general including social and economic
offences, national integrity and security; and
- Perform such other duties as may be
enjoined on them by law for the time being in force.
POLICE
REFORMS :
Police
reforms has been on the agenda of Governments almost since independence
but even after more than 70 years, the police is seen as selectively efficient,
unsympathetic to the under privileged. In this regard, one needs to note that
the basic framework for policing in India was made way back in 1861, with little
changes thereafter, whereas the society has undergone dramatic changes,
especially in the post independence times. The public expectations from police
have multiplied and newer forms of crime have surfaced. The policing system
needs to be reformed to be in tune with present day scenario and upgraded to
effectively deal with the crime and criminals, uphold human rights and
safeguard the legitimate interests of one and all.
Various
Committees/Commissions in the past have made a number of important
recommendations regarding police reforms.
Notable amongst these are those made by the National Police Commission
(1978-82); the Padmanabhaiah Committee on restructuring of Police (2000); and
the Malimath Committee on reforms in Criminal Justice System (2002-03). Yet another Committee, headed by Shri Ribero,
was constituted in 1998, on the directions of the Supreme Court of India, to
review action taken by the Central Government/State Governments/UT Administrations
in this regard, and to suggest ways and means for implementing the pending
recommendations of the above Commission.
“Police”
being a State subject in the seventh schedule to the Constitution of India, it
is primarily the State Governments who have to implement the various police
reforms measures. The Centre has been
making consistent efforts to persuade the States from time to time to bring the
requisite reforms in the Police administration to meet the expectations of the
people.
In
this regard, the recommendations of the various Committees/Commissions were
sent to the State Governments/UT Administrations for taking necessary action. Successive
Union Home Ministers have been addressing the Chief Ministers/Administrators of
States/UTs in this regard.
Some
important recommendations :
(I)
improving professional standards of performance in urban as well rural police
stations,
(II)
emphasizing the internal security role of the police,
(III)
addressing the problems of recruitment, training, career progression and
service conditions of police personnel,
(IV)
tackling complaints against the police with regard to non-registration of
crime, arrests, etc. and
(V)
insulating police machinery from extraneous influences.
To
ensure an efficient, responsive and professional police service, the recommendations
have sought dedicated staff for crime investigation; and distinct cadre for
Civil police vis-à-vis Armed Police, Accountability, both for their performance
and their conduct, to provide better service conditions to the police personnel
including rationalising their working hours, one day off in each week, or
compensatory benefits in lieu, creation of a Police Welfare Bureau to take
care, housing, and legal facilities for police personnel as well as financial
security for the next of kin of those dying in service and special allowances
to officers posted in special wings commensurate with the risk involved.
LEGISLATIVE
TRENDS :
The
legislative changes include, enactment of the organized Crimes Act, a single
police act for the country, moving Police to the Concurrent List, declaration
of Crimes, measures regarding registration of crimes, statutory backing for the
CBI, Commissionerate system for large areas, revival and strengthening of the
beat constable system and some changes in criminal procedure and evidence
systems.
With
respect to Organized Crimes, India is a signatory to the UN Convention against
Transnational Organized Crimes. But as on date, India does not have a central
legislation to tackle such crimes. Only Maharashtra has the MCOCA Act which has
been adopted by some other states. In times of rising cases of money
laundering; arms, drugs and human trafficking; expanding terror networks, etc,
there is an urgent need to have a Central law to regulate the same.
It
is needless to reiterate that safe and secure environment is a basic need to
sustain economic progress of the country. And the first step towards that
direction is amending the colonial police regime in the country. The British
had enacted the Police Act, 1861 for the entire country. Now, each state has
come up with its own laws where basic features differ. Some of these laws have
even been challenged in court on grounds of unconstitutionality. This is an
anomalous situation. To have uniformity in basic features which are in tune
with the present, experts suggest that Article 252 can be relied on to have a
single police law if two or more states consent. Based on this, states can adopted
their laws as per local situations. In this respect, the Model Police Act was
prepared in 2006 which has now been revised to a Model Police Bill 2015.
Another
area of concern is the growing threats to internal security, terrorism due to
which policing only by the state without Central support will be difficult.
Very often, instances like inter-state disputes, communal riots, clashes
between different castes and mela duties demand the services of the Central
Armed Police Force. As mentioned above, under the Constitutional framework,
police and public order come within the exclusive jurisdiction of the State
Government. The duty of the Union Government is to provide armed and
para-military forces when needed and to ensure that the executive power of
every state be so exercised as to ensure compliance with the laws made by
Parliament and any existing laws which apply in that state. It is often argued
that these challenges will be resolved better if “police” and “public order” are
shifted from the State List in the VIIth Schedule of the Constitution to the
Concurrent List. This can also be done by amending entry 3 in the Concurrent
List formalising what is actually happening on the ground. The need for
inclusion of Public Order in Concurrent list stems from significance of public
order for national security, economic development and legitimacy of the
state. Generally, the Union Government
is unable to intervene in cases of flouting of public order at a state level
unless the state seeks assistance. This, it is has been observed, often
snowball into a national crisis which then has to be addressed through the
extreme emergency provisions. It is therefore argued that by including “Public
Order” in the Concurrent List of the Constitution, the Union Government can
play a more proactive role in curbing violation of public order at a nascent
stage. Another reason supporting the shift of public order to the Concurrent
List is the rapid increase in inter-state crimes. Tackling these in the present
framework is slightly challenging since all states have varied legal and
administrative framework. In light of the rapid growth in internet,
communication and mobile technologies, organised crimes and terrorism can be
best tackled through a unified legal, administrative and operational framework
for the police forces across the nation. This can be accomplished only by
empowering the Union Government to also regulate public order. But this would
require a Constitutional Amendment which could be difficult. Instead, the
Centre can declare certain crimes as State Crimes.
JUDICIAL
APPROACHES :
There are number of
cases which discuss functioning and betterment of police machinery for the sake
of brevity only few judgments are discussed hereinbelow;
- STATE OF HARYANA V BHAJAN LAL &
OTHERS AIR 1992 SC 604
A
First Information Report was registered by the Haryana Police against Bhajan
Lal, on a complaint by a private person that he possessed assets
disproportionate to his known sources of income. Bhajan Lal - Union Minister
and former Chief Minister of Haryana - went to the High Court asking for the
FIR to be cancelled, saying that it was registered because of the political
rivalry that existed between Devi Lal, the existing Chief Minister of Haryana
and him. The High Court ordered
cancellation of the FIR and all proceedings undertaken on its behalf, on the
ground that the allegations did not make up a cognizable offence to start a
lawful investigation. The State of Haryana appealed to the Supreme Court
against the order of the High Court.
Supreme
Court Observations -
The
Supreme Court said that the order of the High Court cancelling the FIR was bad
both in law and on the facts. They asserted that everyone, whether individually
or collectively, must abide by the law and even the judiciary cannot interfere
with the investigation process unless police officers improperly and illegally
exercise their investigatory powers. However, the Supreme Court cautioned that
where a police officer transgresses the circumscribed limits and causes serious
prejudice to the personal liberty and the property of a citizen, courts will
step in and issue appropriate orders.
Section 154 (1) of the Code of Criminal Procedure, 1973 [CrPC] says that
if any information disclosing a cognizable offence is given at the police
station, the officer in charge must register it. The Supreme Court asserted
that it is not open to the police to question the reasonableness or credibility
of the information at this stage. An FIR should be registered immediately and
even before proceeding with a preliminary investigation.
The
Court also commented on Section 157 CrPC which says that two conditions must be
satisfied before a police officer starts an investigation:
(i)
S/he should have reason to suspect the commission of a cognizable offence.
(ii)
S/he should satisfy her/himself about the credibility of the information.
- An FIR must be registered as soon as
information about a cognizable offence is received.
- Before starting an investigation, police
officers should make a rational inference that a cognizable offence has been
committed. The inference should be made solely on the basis of facts mentioned
in the FIR.
- Courts will not as a rule interfere in
the investigation process except in the following circumstances when the High
Court can cancel the FIR and other proceedings carried out by the police;
i) Where the allegations in the FIR do not
constitute any cognizable offence or justify an investigation by the police,
ii)
Where the allegations made in the FIR and the evidence collected by the police
in support of the allegations do not point towards the guilt of the accused,
iii)
Where investigation has been carried out by the police in a non-cognizable
offence without the order of a magistrate,
iv)
Where the CrPC or any other law expressly prohibits carrying out criminal
proceedings against the accused,
v)
Where criminal proceedings have been started with dishonest intent to take
revenge from the accused.
Non-registration
of First Information Reports [FIR] is one of the most serious, frequent and
common grievances against the police. This problem is compounded when the
person against whom a complaint is made is rich and powerful. Article 14 of the
Constitution guarantees to all persons equality before the law and equal
protection of the laws within the territory of India. Police officers must register
an FIR immediately on receiving information about a cognizable offence.
Persons aggrieved by non-registration of
FIR can approach the District Superintendent of Police8 or the concerned
Magistrate to get their complaints registered. Alternatively complaints in this
regard can also be filed before the National or concerned State Human Rights
Commission.
- PEOPLES
UNION FOR CIVIL LIBERTIES [PUCL] V UNION OF INDIA AND ANOTHER AIR 1997 SC 568
The right to have a
telephone conservation in the privacy of ones home or office is part of the
Right to Life and Personal Liberty enshrined in Article 21 of the Constitution,
which cannot be curtailed except according to the procedure established by law.
The Supreme Court asserted that telephone tapping amounts to an invasion of
privacy in violation of this core right.
- JOGINDER
KUMAR V STATE OF U.P AND OTHERS 1994 SCC 260
Arrests are not be made in a routine
manner. The officer making the arrest must be able to justify its necessity on
the basis of some preliminary investigation.
An arrested person should be allowed
to inform a friend or relative about the arrest and where s/he is being held.
The arresting officer must inform the arrested person when s/he is brought to
the police station of this right and is required to make an entry in the diary
as to who was informed.
It is the duty of the magistrate
before whom the arrested person is produced to satisfy her/himself that the
above requirements have been complied with.
- SHEELA
BARSE V STATE OF MAHARASHTRA 1983 SCC 96
Female suspects must be kept in
separate lock-ups under the supervision of female constables. Interrogation of
females must be carried out in the presence of female policepersons. A person
arrested without a warrant must be immediately informed about the grounds of
arrest and the right to obtain bail. As soon as an arrest is made, the police
should obtain from the arrested person, the name of a relative or friend whom
s/he would like to be informed about the arrest. The relative or friend must
then be informed by the police. The police must inform the nearest Legal Aid
Committee as soon as an arrest is made and the person is taken to the lock-up. The
Legal Aid Committee should take immediate steps to provide legal assistance to
the arrested person at State cost, provided such person is willing to accept
legal assistance. The magistrate before whom an arrested person is produced
shall inquire from the arrested person whether s/he has any complaints against
torture and maltreatment in police custody. The magistrate shall also inform
such person of her/his right to be medically examined.
GUIDELINES :
1. The police must bear faithful
allegiance to the Constitution of India and respect and uphold the rights of
the citizens as guaranteed by it.
2. The police should not question the
propriety or necessity of any law duly enacted. They should enforce the law
firmly and impartially, without fear or favour, malice or vindictiveness.
3. The police should recognise and
respect the limitations of their powers and functions. They should not usurp or
even seem to usurp the functions of the judiciary and sit in judgement on cases
to avenge individuals and punish the guilty.
4. In securing the observance of law
or in maintaining order, the police should as far as practicable, use the
methods of persuasion, advice and warning. When the application of force
becomes inevitable, only the irreducible minimum of force required in the
circumstances should be used.
5. The prime duty of the police is to
prevent crime and disorder and the police must recognise that the test of their
efficiency is the absence of both and not the visible evidence of police action
in dealing with them.
6. The police must recognise that
they are members of the public, with the only difference that in the interest
of the society and on its behalf they are employed to give full time attention
to duties which are normally incumbent on every citizen to perform.
7. The police should realise that the
efficient performance of their duties will be dependent on the extent of ready
cooperation that they receive from the public. This, in turn, will depend on
their ability to secure public approval of their conduct and actions and to
earn and retain public respect and confidence.
8. The police should always keep the
welfare of the people in mind and be sympathetic and considerate towards them.
They should always be ready to offer individual service and friendship and render
necessary assistance to all without regard to their wealth and / or social
standing.
9. The police should always place
duty before self, should maintain calm in the face of danger, scorn or ridicule
and should be ready to sacrifice their lives in protecting those of
others.
10. The police should always be
courteous and well-mannered; they should be dependable and impartial; they
should possess dignity and courage; and should cultivate character and the
trust of the people.
11. Integrity of the highest order is
the fundamental basis of the prestige of the police. Recognising this, the
police must keep their private lives scrupulously clean, develop self-restraint
and be truthful and honest in thought and deed, in both personal and official
life, so that the public may regard them as exemplary citizens.
12. The police should recognise that
their full utility to the State is best ensured only by maintaining a high
standard of discipline, faithful performance of duties in accordance with law
and implicit obedience to the lawful directions of commanding ranks and
absolute loyalty to the force and by keeping themselves in the state of
constant training and preparedness.
13. As members of a secular,
democratic state, the police should strive continually to rise above personal
prejudices and promote harmony and the spirit of common brotherhood amongst all
the people of India, transcending religious, linguistic or sectional
diversities and to renounce practices derogatory to the dignity of women and
disadvantaged sections of society
- NATIONAL
HUMAN RIGHTS COMMISSION [NHRC] GUIDELINES ON POLICE PUBLIC RELATIONS dated 22.12.1999.
National Human Rights Commission
guidelines on police-public relations are of particular relevance to officers
at the cutting edge level, i.e those who are posted at police stations. These
guidelines have been communicated to all chief secretaries and police chiefs.
They are in an invaluable aid for police officers to perform their duties in a
manner compatible with prevailing human rights standards.
- The
number should be dedicated to public use and installed in the Police Control
Room/Police Station/ Sub-Divisional Office.
- The
number should be toll free within the state, enabling people from remote parts
or interiors of districts to access it.
- Callers
should not be compelled to reveal their identity. They may be given a code
number to identify themselves to know the result of the investigation.
- Callers
should be rewarded for their public-spirited service by issuing commendation
certificates if the information results in detection of crimes.
- Registration
of offences and information about progress in investigation
Transparency
in the investigation process must be maintained. The Commission has stressed
that complainants must have access to information about their cases.
A First Information Report [FIR]
should be registered promptly on receiving a complaint about a cognizable
offence.
A copy of the FIR should be given to the
complainant and an entry about this should be made in the First Case Diary.
If the complaint does not make out a
cognizable offence, the police should explain to the complainant, the reasons
why the complaint cannot be registered.
If investigation is not completed
within three months of the FIR being registered, the complainant should be
informed in writing giving specific reasons for the delay.
Proof of having informed the
complainant [postal acknowledgement or written acknowledgement] about reasons
for the delay in investigation should be kept on the Case Diary file.
If investigation is not completed
within six months of registering the FIR, the complainant should be informed
again in writing about the reasons for noncompletion of investigation, and the
acknowledgement should be kept on the Case Diary file.
If the investigation is not completed
within one year, a more detailed intimation [memo] should be prepared by the
investigating officer giving reasons for the delay to the complainant. The
intimation should be endorsed by a gazetted officer who directly supervises the
work of the investigating officer. The gazetted officer should personally
verify the reasons for delay given by the investigating officer. A record of
the intimation and its acknowledgement by the complainant should be kept on the
Case Diary file.
The complainant should be informed
once the investigation is completed and a charge-sheet is filed before the
court. A copy of the charge-sheet should be given to the complainant by the
police. In case the complainant is not available for some reason, her/his
family should be informed.
- Meeting
of Station House Officers with the Public
In
order to strengthen police-public relations, Station House Officers [SHO] must
hold regular monthly meetings in areas falling under their jurisdiction. This
will enable people to voice their grievances to the SHO. It will also give the
police an opportunity to inform people about law and order issues and enlist
their cooperation in maintaining peace and preventing crime. The Commission has
advocated that senior officers should also take part in these meetings along-with
Station House Officers.
In a democratic nation, peoples
participation in governance is of utmost importance. As a vital component of
the governmental machinery, the police too, are under an obligation to take
into account community aspirations and tailor policing to serve the community
needs best. Transparency and openness in functioning are excellent ways to
break barriers and engage in people-oriented policing.
To conclude it can be said that, police
force has always been playing an important of State organization in almost all
the civil societies of the world. Only the persons of proven ability and those
having thorough knowledge of local region should be recruited in the police
force so that they could tackle the problem of law enforcement efficiently.
However, now it is assumed that the role of a social service organization in
the modern welfare states and has no longer remained a mere watch dog
agency.
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