POLICE REFORMS IN INDIA

POLICE REFORMS 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

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TABLE OF CONTENTS

1. INTRODUCTION …………………..………………………………………….
2. BRIEF HISTORY: POLICE SYSTEM IN INDIA…………………….............
3. ISSUES WITH THE POLICE SYSTEM……………….……………….............
4. COMMISSIONS ON POLICE REFORMS………………………......................
5. JUDICIAL INTERVENTION………………………………..….........................
6. CONCLUSION……………………………………………………………………

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INTRODUCTION
Police is an important organ of Justice System of State. The term ‘police’ refer primarily to
agents of the State whose function is the maintenance of law and order especially the
enforcement of the regular criminal Code. According to the Royal Commission on the Police
Powers and Procedures 1929, a policeman is a person paid to perform, as a matter of duty, acts
which, if he were so minded, he might have done voluntarily . The term police today is
designated to the executive civil force of a state which is entrusted the duty of maintaining public
order and enforcing regulations for the prevention and detention of crime. Police in modern days
not only does the task of prevention of crimes and detection of criminals but also other welfare
works like helping in the observance of traffic rules, control of crowds in public meetings and
fairs, help the fire brigade and flood rescue parties, and help public in settling the minor disputes.

BRIEF HISTORY: POLICE SYSTEM IN INDIA

Origin of police can be traced to the early Vedic period as the Rig and the Atharva Veda
mentions certain kinds of crimes known to the Vedic people. In fact, evidence indicates the
existence of security forces even in the Harappan period. The Mauryan period reveals significant
features of the criminal justice organization even though the thorough reference of the same
during the Vedic period is unavailable. Kautilya’s Arthashastra is a treatise on the criminal
justice system. It reads like a manual for police in modern times.
History of Indian police on modern lines dates back to the dawn of the 19th century. The idea of
a separate regular police force as it exists today was never in consideration prior to the British
period and for a considerable time even after the commencement of the rule. It was only in 1774
that Warren Hastings introduced for the first time under the Company’s rule several measures for
police reforms, which later culminated in the Police Act of 1861 on which the current police
system is also based . The Indian Police system and structure as currently organized are
fundamentally based on the Police Act of 1861. The working of the police has been analysed
twice at an All India level within a period of 120 years. First was the Indian Commission of
1902-03 during the British regime and second was in 1977 by the National Police Commission.
However, society has made tremendous strides, especially in the years after independence, and
the public’s expectations from the police forces have changed dramatically. Also, the nature of
the crimes committed has undergone a sea change with factors like technology influencing both

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crime and investigation. There is a pressing need to modify a system with roots in the 19th
century and set up by a colonial government. There is a need to update and upgrade the police
system in the country and make it relevant to the current times and situations.

ISSUES WITH THE POLICE SYSTEM

The problems associated with the system and functioning of the police in India are manifold.
Some of the important ones are discussed below:

1. Politician – Police – Criminal Nexus

 Under the current system, the police forces come under the executive’s
control. 
 The state police forces come under the state government while the central
police forces (CRPF, ITBP, SSB, BSF, Assam Rifles, CISF and NSG)
come under the Union Home Ministry. 
 Over the years, the executive has been able to abuse the power it has and
used the police forces for personal or political interests.
 This results in a biased performance of duties by the police personnel.
 This was noted in the Second ARC Report.
 Another related phenomenon has been the criminalisation of politics.
2. Overburdened police force
 Police forces in India (both central and state) are short-staffed. 
 As of January 2016, the state forces had 24% vacancies (5.5 lakh) and the central
forces had 7% vacancies.
 India has 137 police personnel per lakh of the population while the sanctioned
strength is 181. And, this is woefully inadequate when compared to the United
Nations recommended standard of 222 personnel per lakh people.
 This results in unsatisfactory working conditions for the personnel with long
working hours and an enormous workload.
 Also, there is a lack of adequate representation of women in the police force.
They form under 7% of the force which is way short when the number of women-
related crimes is concerned.

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 All this affects adversely the efficiency and effectiveness of the force.
3. Police accountability
 There are many grievances against the police such as unlawful arrests, unlawful
searches, torture while in custody and even custodial rapes and deaths.
 Recently, cases of custodial torture and deaths (like the case of a father-son duo in
Thoothukudi) and ‘encounter’ killings had led to serious question marks on the
integrity of the police force.
 The police are accused of abusing their power and suppressing the very people
they are supposed to protect.
 There are also allegations of corruption against the police personnel.
 There is a need to fix police accountability internally and also through an external
independent oversight system.
4. Inadequate resources
 The police forces face a severe lack of resources when seen in the light of the
enormous and varied responsibilities they undertake.
 CAG audits have reported a shortage of weapons with several state police forces.
 Police vehicles are also in short supply.
 The infrastructure has also to be modernised to help the police personnel solve
crimes faster, among other things.
5. Constabulary related issues
 The constables constitute 86% of the police forces.
 A police constable’s duties are not just routine tasks, but involve some amount of
judgement and decision making. 
 However, the current system of recruitment is not enough to hire people capable
of the tasks prescribed.
 There have been suggestions that the current eligibility criteria (of X or XII pass)
be modified to suit the requirements.
 Also, a police constable is generally promoted only once in his career and mostly
retire as head constable. 
 This could result in a lack of motivation on the job.

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6. Crime investigation
 Crime investigation requires skills and training, time and resources, and adequate
forensic capabilities and infrastructure.  
 However, the Law Commission and the Second Administrative Reforms
Commission have noted that state police officers often neglect this responsibility
because they are understaffed and overburdened with various kinds of tasks.
 Also, they do not have adequate training and expertise to conduct professional
investigations.
7. Police-public relations
 Police personnel, in the course of performing their duties, have to come in contact
with the public.
 They also need the support of the public in the discharge of their duties like
solving crimes and maintaining law and order.
 There is a trust deficit among the public when it comes to the police who are often
seen as corrupt, inefficient and politically partisan.

COMMISSIONS ON POLICE REFORMS

There have been various committees or commissions on police reforms. Some of the notable
commissions and their recommendations are discussed below:

National Police Commission (NPC)

The NPC was organised in 1977 with wide terms of reference covering police organisation, role,
functions, public relations, etc. Between 1979 and 1981, the NPC produced eight reports.

Major recommendations:

 Judicial inquiry for custodial rape, death, hurt, and deaths in case of police firing.
 Political interference in police work had caused gross abuse of power. The NPC
suggested a few measures to limit this influence on police work to broad policies and
ensuring that police performance is in accordance with the law.
 It recommended measures to make the police more sensitive to the needs and complaints
of the marginalised sections of society.

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 The NPC has recommended an important amendment to Section 154 Cr.P.C. which
would make it incumbent on a police station to register an FIR whether or not the crime
has taken place in its jurisdiction and then transfer the FIR to the concerned police
station, if necessary. 
 Measures to reduce third-degree methods by the police.
 The report recommended the gradual phasing out of all recruitment except at the IPS and
the constable level.
 The Police Act of 1861 should be replaced by a new Police Act, which not only changes
the system of superintendence and control over the police but also enlarges the role of the
police to make it function as an agency which promotes the rule of law in the country and
renders impartial service to the community.
 Most of the recommendations of the NPC have remained unimplemented.

Ribeiro Committee

The Ribeiro Committee was established in May 1998 by the Indian government to comply with
Supreme Court orders resulting from the PIL submitted to the National Police Commission for
Recommendation (1977). This committee had a longer term to investigate the measures taken “to
implement the recommendations of the NPC, the National Human Rights Commission, and the
Vohra Committee.” The Ribeiro committee issued two findings, proposing the creation of an
advisory role and making recommendations to the Police Performance and Accountability
Commission. It recommended the creation of District Police Claims and Police Establishment
Boards, which would oversee additional aspects of police administration.
Padmanabhaiah Committee

 The committee submitted its report in 2000 and made over 240 recommendations.
 Out of these, 23 recommendations were not accepted. These related to IPS officers’ age
of entry, police commissioners system in cities, compulsory retirement to those not
empanelled as DIG, etc.

Malimath Committee

This committee submitted its report in 2003 and was related to the criminal justice system in
India.

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JUDICIAL INTERVENTION

In 2006, the Hon’ble Supreme Court gave a landmark judgement in the Prakash Singh case
with seven directions (six for the state government and one for the Union) for setting up of state
Security Commission to lay down broad policies and give directions for preventive tasks and
service and constituted the Soli Sorabjee Committee which suggested a Model Police Act. The
seven directions are stated below:-

1. Limit political control

Constitute a State Security Commission to:
 Ensure that the state government does not exercise unwarranted influence or
pressure on the police.
 Lay down broad policy guidelines.
 Evaluate the performance of the state police.
2. Appoint based on merit
Ensure that the Director General of Police is appointed through a merit–based,
transparent process, and secures a minimum tenure of 2 years.
3. Fix minimum tenure
Ensure that other police officers on operational duties (including Superintendents of
Police in charge of a district and Station House Officers in charge of a police station) are
also provided a minimum tenure of 2 years.
4. Separate police functions
Separate the functions of investigation and maintaining law and order.
5. Set up fair and transparent systems
Set up a Police Establishment Board to decide and make recommendations on transfers,
postings, promotions and other service-related matters of police officers of and below the
rank of Deputy Superintendent of Police.
6. Establish a Police Complaints Authority in each state
 At the state level, there should be a Police Complaints Authority to look into
public complaints against police officers of and above the rank of Superintendent
of Police in cases of serious misconduct, including custodial death, grievous hurt
or rape in police custody.

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 At the district level, the Police Complaints Authority should be set up to inquire
into public complaints against the police personnel of and up to the rank of
Deputy Superintendent of Police in cases of serious misconduct.
7. Set up a selection commission
A National Security Commission needs to be set up at the union level to prepare a panel
for selection and placement of chiefs of the Central Police Organizations with a minimum
tenure of 2 years.

Despite many commissions and even the SC giving explicit directions to the governments over
the issue of police reforms, nothing concrete has materialised in this area. The reason is a clear
lack of political will owing to the deep aversion to change in the status quo by the police
establishment and the political make-up.

CONCLUSION
At the end, this conclusion can be drawn that police reforms in India is the need of the hour. As
India makes rapid advances towards becoming an economic and political superpower, our police
cannot continue to remain frozen in the frame of a past era. The transformative reforms in the
Indian Police is possible through appropriate interventions in skill building and attitudinal
training, through reforms that are both bold and practical, and through collective action of all
stakeholders to drive a nationwide campaign for change, keeping in mind, the difficult conditions
under which our police functions. It is imperative that more needs to be done than simple
underlying changes inside the framework.. It is essential to give a fresh look at the police as a
service organization meeting those needs of the society that are essential for safety, security,
quality of life and peace. Network inclusion, issue situated policing and proactive policing
techniques should be embraced in the changing condition of society.

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