Police Administration in India

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 8

POLICE ADMINISTRATION IN INDIA

POLICE ADMINISTRATION IN INDIA

RESEАRСH PАPER

SUBMITTED BY: SUBMITTED TО:

АBHISHEK KR. GАUTАM Mr. SURENDRA KUMAR

ENROLLMENT NО: CUSB2213131002 FACULTY ОF LAW

SEMESTER : I CUSB, GAYA

CENTRAL UNIVERSITY OF SOUTH BIHAR

GAYA

POLICE LAW AND ADMINISTRATION Page1


POLICE ADMINISTRATION IN INDIA

TABLE OF CONTENTS

1. INTRODUCTION …………………..………………………………………….
2. HISTORY OF POLICE ADMINISTRATION IN INDIA …………….............
3. ROLE AND FUNCTIONS OF POLICE……………….……………….............
4. ORGANISATION AT THE CENTRAL AND STATE LEVEL.........................
5. ISSUES CONFRONTING POLICE ADMINISTRATION…….........................
6. CONCLUSION……………………………………………………………………

POLICE LAW AND ADMINISTRATION Page2


POLICE ADMINISTRATION IN INDIA

INTRODUCTION
In the field of administration, police have an important role to play. In India, Police is the
coercive arm of the State, which is entrusted to perform the basic duty of the state that is
maintenance of law and order. Therefore, law and order administration has acquired significance
at the Central, State, Range, District and Sub-District levelin rural and urban areas. Rapid growth
of population, industrialisation, urbanisation, qowing political consciousness. led to law and
order problems. Agrarian and tribal . revolts, political caste and communal violence, labour and
student unrest and terrorism are indications of law and order problems. In all societies,
particularly in developing societies, these conflicts and tensions are inevitable and many
manifest in different forms. Freedom and independence will not have meaning unless these
basic issues are properly attended.

HISTORY OF POLICE ADMINISTRATION IN INDIA


In all societies, organisations were established to protect the life and liberties of people since the
dawn of civilisation. With the passage of time, complexities in the nature of societies have led to
the creation of modem police. In the European context the term 'police' refers to a 'force for the
city' and the police officer was known as Nagarpal, which means protector of the city and
governance based on Dharma and Danda. Dandaneeti was an important ingredient of Statecraft.
Manu talked about the preventioi and detection 'of crime and also a system of collecting
intelligence during the vedic period. Vedas refer to different kinds of crimes and punishments for
the criminals. During the Mauryan and Gupta periods, policing was undertaken systematically.
Kautilya's Arthashastra gives a vivid picture of the nature of police organisation and their
functions.
During Mughal period, law and order administration was under the charge of Fauzdars. They
were assisted by Thanedars who were in charge of Police Stations. He was also responsible for
revenue functions. The office of the Kotwal was fairly important, as he was the
chief of city police. His functions included patrolling the city at night, collection of intelligence,
prevention of crime and social abuses and regulation of jails.
During the British period, the police system that existed under the Mughals was allowed to
continue with certain reforms to meet the changing needs. The present Indian police system is

POLICE LAW AND ADMINISTRATION Page3


POLICE ADMINISTRATION IN INDIA

based on the Police Act of 1861. Under this act the pojice was made subordinate to the Executive
Government. Later, several changes were brought about in the structure as well as functioning of
the police system. But the basic structure and characteristics as enshrined in the police act of
1861 continued to dominate over the police system in the country. By the time India attained
lndependence in 1947, the Police Administration had developed into one of the best systems.
After independence, the Government of India felt that the system was capable of facing new
challenges and was also well developed to help the new Government to maintain stability.

ROLE AND FUNCTIONS OF POLICE


Prevention of crime and maintenance of public order are the major functions of the police.
According to 1861 Act, Police functions are to prevent commission of offences and public
nuisances; bring offenders to justice; collect information affecting public peace; and keep order
in all public places, keeping in view the changing political and social scenario.
The main task of police is to enforce law and order, protect the citizens and safeguard their
property. The police have to play a positive role in the scheme of social defence. It can no longer
take a restrictive view of their role. In a democratic society the role of police is linked to social
service. It is an important area where police has been assigned a positive role in relation of
social. legislation. These legislations touch upon the lives of the people at countless number of
places. This provides various opportunities to serve the people and proves to be a challenge as
well. In the changing political context, the police have to function as officers of law rather than
as officers of the Government or Party in power. According to the National Police Commission
set up by the Government of India in 1977, the duties and responsibilities of the police are to:
 Promote and preserve public order;
 Investigate crime;
 Identify problems and situations that are likely to result in the commission of
crimes;
 Reduce the opportunities for the commission of crimes through preventive
patrol and other appropriate police measures;
 Aid and co-operate with other relevant agencies in implementing; appropriate
measures for prevention of crimes;

POLICE LAW AND ADMINISTRATION Page4


POLICE ADMINISTRATION IN INDIA

 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 other appropriate services and afford relief to people in distress
situation;
 Collect intelligence relating to matters affecting public peace and crime including social
and economic offences, and national integrity and security.

ORGANISATION AT THE CENTRAL AND STATE LEVEL


Article 246 of the Indian Constitution enumerates police as a State subject. Police
Administration, therefore, is a State responsibility. This does not, however, minimise the role of
Central Government in Police Administration. The Constitution itself enumerates a long list of
subjects like All India Services, preventive detention, arms, ammunition, passports etc. in the
union list. The Central Government's role in Police Administration is related to making laws on
subjects included in Union and Concurrent lists and making amendments to the basic police laws
like Indian Penal Code, the Code of Criminal Procedure, Evidence Act, etc. Administration of
the States, policing the Union Territories, management of Indian Police Service, matters relating
to arms and ammunition are also the responsibility of the Central Government. The Ministry of
Home Affairs and the Department of Personnel plays the administrative and coordinating role. In
maintenance of law and order, whenever required, the Central Government provides aid and
assistance to the States. To discharge this function, the Central Government maintains a network
of line and staff units all over the country. The Central Reserve Police Force, Border Security
Force, Railway Protection Force, Central Industrial Security Force are some of the reserve units.
These apart, there are Central Bureau of Investigation (CBI) and Central Intelligence Bureau
(CIB) also to aid the Central Government. These agencies, under the control of the Central
Government provide assistance to the State Police Organisation in the fields of law - and order,
security and administration of justice in the country.
At the State level, the Police Administration is more or less uniform throughout the country. The
Chief Minister or Home Minister is largely responsible for policy and supervisory functions. The
Home Department coordinates and supervises the Police Administration in the State. It acts as a

POLICE LAW AND ADMINISTRATION Page5


POLICE ADMINISTRATION IN INDIA

link between Central and State Governments. But the Inspector General of Police (IGP) or the
Director General of Police (DGP) who is the Head of the State Police undertakes the real work.
His office is called the Office of the IGPIDGP popularly called Chief Office. This office collects
information and feeds it to the Government; advises political decision-makers like the cabinet
and the ministers; supervises and controls line agencies. It organises training and acts as a
clearinghouse of special police services. The IGP/DGP aids and advises the Government and
exercises general supervision and control over the police department. He exercises
administrative, personnel, and financial power. He provides leadership to the Police
Administration in the State. He is assisted in his duties of IGP by the Deputy Inspector General
of Police (DIGS) and Superintendents of Police (SPs) and other staff. They Head the specialised
branches like intelligence department, crime branch, transport department, training, armed
forces, general administration, law and order etc.

ISSUES CONFRONTING POLICE ADMINISTRATION


The Police Administration in its present form was established long back. Through the decades
the system has not undergone any significant change. The Indian Police Act of 1861 continues to
be the basis for police system in India. There are several suggestions for its replacement by new
legislation. But they have remained only suggestions. There are several issues, which affect the
organisation and working of the police in the country.
The Police Administration is accused of being a top-heavy administration. Similarly frequent
changes of the DGPs or IGPs whenever there is a change of political leadership has created a
serious credibility gap in this police leadership. This problem has been aggravated with
emergence of regional parties in some States. The police coming in for criticism and praise by
different political parties has led to the politicisation of the police. Constitutionally, law and
order is a State subject. But over the years the central police organisations like Central Reserve
Police Force and Border Security Force have increased. Deployment of the police force in the
States on occasions without informing them has created tensions in Centre-State relations.
Similar is the case with the use of Central Bureau of Investigation. A few States even barred
investigations by the CBI in their States leading to acrimony between the Centre and the States.
Another issue is the accountability of police. The National Police Commission has suggested
constitution of State Security Boards to make them more accountable and responsible. These

POLICE LAW AND ADMINISTRATION Page6


POLICE ADMINISTRATION IN INDIA

institutions unfortunately have not been constituted and wherever they exist, their working is not
upto the mark. Facilities at the Police Station level are important to make them effective.
Accommodation, facilities and modernisation are important areas, which need critical evaluation
as well as reform. In all these areas the facilities are inadequate. As a result some Police Stations
are not in a position to establish regular contacts with the community. Similarly they are not in a
position to take prompt action. The relation between Superintendent of Police and Collector is an
important area of concern. There appears to be a tendency on the part of Superintendents of
Police to ignore or undermine the Collector and his authority. This has its implications not only
on the police but also on the entire district administration. In recent years terrorism and violence
in different parts of the country are on the increase. The community expects the police to take
steps to control the problem. Their failure to do this is not only leading to worsening law and
order situation but is also giving a bad name to the police. This has also shattered the confidence
of the people in the police.
Police Commissions at the National and State levels have made several suggestions ' to make the
police efficient, responsive and responsible. But unfortunately on one consideration or the other
they have not been seriously considered. This indicates that police reform is a low priority area
in the country. Whatever reforms were implemented they were done half-heartedly without
understanding the socio-political milieu within which the police has to operate. Because of the ad
hoc and piecemeal nature of the reforms they did not have the intended effect. The reforms are
required not only in organisation, personnel. procedures but also in the attitudes of the people
and the police officials.

CONCLUSION
In India police system has a long history, though in its present form it came into existence during
the British rule. In a developing society, police has an important and a positive role. Its functions
are many and varied ranging from maintenance of law and order to social defence. It is
considered as an instrument of change in a modern society. Policing in India is a State subject.
However, the Central Government has some role to play in the areas of legislation and also in the
provision of police force in the States. We discussed the background and structure of Police
Administration at the Central and State level. It was followed by an analysis of the role of police
and ,conditions of Police Stations in rural and urban areas. Finally, we have discussed a few

POLICE LAW AND ADMINISTRATION Page7


POLICE ADMINISTRATION IN INDIA

important and critical issues confronting the Police Administration. This organisation has been a
highly centralised one and it has not been able to imbibe the spirit of democracy as a way of
institutional life. The organisational accountability via higher-level supervision is no substitute
for public accountability. There is a need to reorganise the police organisation.

POLICE LAW AND ADMINISTRATION Page8

You might also like