143

CONSTITUTION AND INDIAN JUDICIARY

Having realised the importance of the role of judiciary, the framers of the

Constitution incorporated detailed provision relating to higher as well as subordinate

judiciary in the Constitution itself. The Constitution of India has provided for a single

integrated system of courts to administer both central and state laws.

The bar is another important component of the criminal justice administration.

Generally, only the prosecution is considered as a component of the criminal justice

administration. But the bar, which includes prosecution as well as the defence, as a

whole plays a vital role in the administration of criminal justice by assisting the

judiciary in reaching to the truth in criminal cases and therefore, both its wings

deserve to be discussed together. Emphasizing the role of the lawyers, the Supreme

Court in the case of Bar Council of Maharashtra v. M.V. Dabholkar,342

observed:

“The central function of the legal profession is to promote the administration

of justice. The practice of law is a public utility of great implications and a monopoly

is statutorily granted to this problem by the nation, it obligates the lawyers to observe

scrupulously those norms which make him worthy to win the confidence of the

community as a vehicle of justice –social justice.”

The Constitution of India, under Articles 124, 217 and 233, makes qualified

advocates eligible for appointment as district judges, judges of the High Courts and

the Supreme Court. As on February 1, 1999, out of 382 permanent judges of all 18

High Courts in India as many as 250, i.e., about two-thirds, were appointed from

among the members of the Bar, and out of 24 judges of the Supreme Court twenty-

two judges came from the Bar while only two judges represented the judicial

342

Bar Council of Maharashtra v. M.V. Dabholkar, quoted in All India Report 1976 Section 242.

144

services.343

Apparently, in addition to its normal functions of assisting the judiciary in

dispensing justice, the Bar plays another crucial role by offering its members for

appointment as judges.

Legal Profession in India

Before the Constitution came into existence, there was no uniform system of

legal profession in India; though there was a strong demand or a unified Indian Bar.

With the establishment of the Supreme Court of India in 1950, a new stimulus was

given to the demand for a unified All India Bar. The Supreme Court Advocates Act,

1951, provided that every advocate of the Supreme Court has entitled, as of right, to

practise in any High Court whether or not he was an advocates of that High Court.344

Subsequently, the Government of India felt the necessity for sponsoring a Bill for

setting up an All India Bar Council. Accordingly, it constitute a committee under the

Chairmanship of Justice S.R. Das of Supreme Court. The Committee gave its report in

1953 and recommended creation of a unified national Bar, and complication and

maintenance of one comprehensive common roll of advocates. The Law Commission

of India in its 14th

Report of 1958 adopted almost all the recommendations of the Das

Committee. The Commission favoured division of the Bar into senior advocates and

junior advocates.345

Advocates Act, 1961

For the implementing the recommendations of the Bar Committee and the

Law Commission, the Advocates Act, 1961 was passed.346

The main features of the

Act are:

343

Government of India, Ministry of Law and Justice, Department of Justice, Judges of the Supreme

Court and the High Courts, New Delhi, 1999. 344

Ibid. 345

Ibid. 346

Ibid.

145

(i) establishment of All India Bar Council and a common roll of advocates, an

advocates on the common roll has a right to practise in any part of the country

and in any court including the Supreme Court;

(ii) integration of the Bar into a single class of legal practitioners as advocates;

(iii) prescription of a uniform qualification for the admission of persons to the

profession;

(iv) division of advocates into senior advocates and other advocates based on merit;

(v) creation of autonomous Bar Council, one for the whole of India and one for each

state – the council for India being constituted by representatives elected by state

council; and;

(vi) punishment of advocates for misconduct.347

CONSTITUTION OF INDIA AND PRISONS

The prisoners, reformatories, borstal institutional and other institution of like

nature are included in the state list under the Indian Constitution. The legal base for

prison is Section 4 of the Prison Act which requires the state government to provide

accommodation for prisoners in their territories, in prison which as per Section 3,

means any jail or place used permanently or temporarily for the detention of

prisoners. Further, under Section 417 of the Code of Criminal Procedure, 1973, a state

government may direct in what place a person liable to be imprisoned or committed to

custody is to be confined.348

Prison Manuals

Many of the Indian leaders who played an important role in the country‟s

struggle for freedom and had spent many years of prison were fully aware of the

347

The Gazetteer, Vol. IV, pp.416-417. 348

Mrinmaya Chaudhary, n.72, pp.177-178.

146

urgency of improving condition in Indian jails. Therefore immediately after India

become free, steps were taken to improve the prisons on a priority basis.

The Government of India set up an All Indian Jail Manual Committee to

prepare Prison Manual for the use of various states in India. The Committee finalized

a Model Prison Manual in 1960. It inter alia recommended diversification of

institution; setting up Boards:

(a) Central Bureau of Correctional Services,

(b) Central and State Advisory Boards,

(c) Board of Visitors, Review Board and Services Board in each jail; adequate

training of staff; personnel discipline; educational programme for all prisoners;

vocational training; and after care and rehabilitation.349

The administration of prisons being a state subject under the Constitution of

India, the recommendations of the All India Jail Committee are not of mandatory

nature and only provide guidelines to achieve some uniformity in all the states.

However, the central laws, i.e., the Prison Act of 1894 and the Prison Act, 1900,

which still govern the management of prisons in the country, provide an overall

uniformity in the administration of prison. The prison manuals of the state

governments are based on the Central Acts.

From the foregoing analysis of the constitutional provision, it is observed that

the ideals of equality, liberty and dignity of the individual were kept constantly in

view while framing the Constitution. The framers gave top priority to „justice‟. They

made several provisions for criminal justice and its administration in the Constitution

itself. While recognising rights of the people, the imperatives of security, unity and

integrity of the state were also kept in view constantly.

349

Ibid.

147

The Constitution allows the state, which includes the police and magistracy, to

impose reasonable restrictions on some of the fundamental right of the people in

certain circumstances to maintain order, decency, morality, etc.

Thus, the Constitution contains adequate provisions for fair administration of

criminal justice. However, for achieving desired result, the provision needs to be

implemented meticulously obeying the spirit behind them and not just the latter.

148

The criminal justice administration is the most ubiquitous features of all

societies – both the ancient and the modern. It is based on deep-rooted principal that

the human being in a society behave in such a manner that the social objective of

living together are maximised and the non-harmonious or anti-social behaviour can be

minimised through the exercise of the coercive power of the state. However, at the

same time to safeguard individual liberty, it has to be ensured that such coercive

powers of the state are neither arbitrary nor unbridled. This multifaceted social

concern is the prime determinant of the tone and quality of the criminal justice system

that prevails in the society – especially in a democratic one.

The Criminal justice administration as an integrated system represents an

organised social response to crime in and against the society.350

The criminal justice

administration has three major components – the police, the judiciary and the

correctional services – the prison. While each of the component part perform its own

allocated function in a criminal justice administration, the major responsibility for

initiating the process rest on the police – whose role has been split out as maintenance

of order and prevention and detection of crime.

The role of judiciary is perceived as of adjudication and interpretation of

laws, and the role of the correctional institutions – the prison is security control of

those who are entrusted to them in the final stages of the criminal justice

administration. The three components of the criminal justice administration function

as a relay role. In a role of this kind, it is not enough to have good individual runners,

but also the team spirit necessary for winning the race. The three sub-systems must

350

K.D. Gaur, Criminal Law and Criminology, APH Publishing House, New Delhi, 2002, p.52.

149

strive together in coordination with each other to achieve the consensus goal of

effective control of anti-social behaviour.351

For long the three components of the criminal justice administration in India

have functioned in isolation, each pursuing its own organisational goals with little

interaction amongst them. Added to these are the complexities and contradictions

inherent in the functions of the components. From police we demand willy nilly

effective social protection, while safeguarding the rights to those who have little

respect for them. From judges we expect that they are not only just, but appear to be

so. In prisons, we seek compassion while inflicting pains. These contradictions within

each sub-system‟s functioning have been mostly responsible for their isolationist

attitudes.352

It is only in recent time that the need for greater harmony than what is

obtained in the operation of the components is being felt and articulated. The

decisions taken at different stages may be conflicting and contradictory, and the

strategies may be divergent and even subject to critical scrutiny by other components,

but they do form part of the total process of the system. Although they are expected to

strive towards a common goal, but each of the component part is strictly independent,

their relationship is amorphous. They may vaguely share the bound objectives of

crime control, but each of the components has its own priorities, values, standards of

evaluation, method skill and specific environment in which it function.353

In consequence, rather than work in harmony, the criminal justice

administration in practice operation generates conflicts both at the ideological and

operational levels. The ideological conflict arise from the manner in which each of the

351

R.B. Jain, Public Administration in India, 21st Century Challenges for Good Governance, Deep

and Deep Publication, New Delhi, 2001, p.314. 352

Ibid. 353

A New Survey of Universal Knowledge, Encyclopaedia Britannica, Vol. 6, William Benton

Publishers, Chicago, 1996, p.754.

150

component perceives its own role and accepts the value gamut of the total system.

Operational conflicts emerge from the fact that each components tries to maintain its

unique position and identity in the system.

At the heart of the criminal justice administration in any country, there is a

paradox – an inverse relationship between the amount of discretion which the agent of

law have and the status which they enjoy. In the criminal justice administration in

India, the greatest amount of discretion is possessed by the police officers. The trigger

mechanism of the criminal justice process is in the hands of the police officer, and not

with the lawyers, prosecutors or judges. Though the authority and discretion given to

police officers around the world is remarkable, at the same time among all the agents

of the criminal justice administration, they have the lowest status and prestige within

the system.

The criminal justice administration in India has shown unmistakeable sign of

wilting in recent times.354

Police has failed to achieve a reasonable degree of public

acceptability and display serious cracks in its organisation, courts are dogged with

hundreds of thousands of cases resulting in the enormous delay and irritations in the

system. And the prisons euphemistically named correctional institutions are totally

out of tune with the reformatory ideology which dominates their penal policy. The

criminal justice administration in India by and large reveals a disconcerting degree of

hollowness, a deepening sense of frustration and a lack of direction.

It is a system in which hardly three percent of the persons prosecuted by the

police, under the Indian Penal Code, get convicted. It is also a fact that neither the

guilty are speedily brought to book nor the innocents are spared of harassment. The

investigation procedure remains as outmoded as during the pre-independence days

when Justice Sir Waish of Allahabad High Court had the occasion to comment.

354

Bal Krishan, “Is Justice Fair Enough”, The Hindustan Times,Delhi, July 24, 1995, p.5.

151

Whereas the English detective begins with his witnesses and works his way up to the

discovery of truth, the Indian Sub-Inspector begins with the accused, and from him

works his way up to witnesses.355

India is peculiar case of a soft and permissive state with stern and stringent

laws. It combines the disadvantages of both. While on the one hand it suffers from

fallouts of softness and permissiveness, on the other, it was subjected to severs,

criticism for having draconian laws. As a result, neither the objectives of strong laws

are attained nor the country‟s image is effectively protected from the onslaught of

National and International human rights bodies.356

This may required the study of

organisational set up of police in Punjab; the different branches and the strength of

personals; technical facilities, training facilities; quantum and pattern of crime

required to be handled by police and the others investigating agencies; handing and

disposal of cases by the police; assessment of the performance with reference to

success and failure of the investigation of criminal cases; incidences of malpractices

or violation during the investigation process and personal perspectives of the

functionaries dealing with the administration of criminal justice in general and

investigation of crime in particular.357

ORGANISATION OF PUNJAB POLICE

Punjab Police has a pervasive organizational structure. Director General of

Police (DGP) is headquartered at Chandigarh along with the Secretarial staff

including Administration Intelligence, Security Crime and Forensic Science

Laboratory, Provisioning and Computer Wireless and communication. The Punjab

355

Ibid. 356

The Hindustan Times, Delhi, September 6,1994, pp.1-3. 357

A.A. Siddiqui, “Police Perform Reform in India, Measuring Police Performance with Public

Service”, The Perspective, No. 2, Philluar, August 2001, p.8.

152

Police is organized into different wings/units each headed by senior officer as outlined

in the chart.

153

Chart No. 4.1

Organization of Police Department in Punjab

*Source: Office of D.G.P. Punjab, Chandigarh.

Constitution of India is federal in character. Accordingly there is a division of

power between the centre and the states. Public order (excluding the use of any naval,

military or air force or any other armed force of the union and any other force subject

to control of the union and aid of civil power) and police (including railway and

village police) subject to the provision of Entry 2-A of List 1, are in the sphere of the

state (List II State List). Entry 2-A deals with deployment of any armed forces of the

union or any other force subject to the control of the union in any state in aid of civil

power; and power, jurisdiction, privileges and liabilities of the member of such forces

while on such deployment.

AT STATE LEVEL

The superintendence over the police in Punjab, as in other states, is vested in

state government and is exercised through its Department of Home Affairs and

Justice.358

358

K. Koshy, Punjab Police Rules, Vol. 3, The Bright Law House, Rohtak, 2006, p.38.

154

Police Headquarters

The Director General and Inspector General of Police (DGP) is the chief of

Punjab Police. He is responsible for command and control over it and its recruitment,

training, discipline, internal economy, welfare and operational efficiency. He is also

advisor to the state government in all matters connected with state police, security,

law and order of crime. He is head of Police Department.

At his headquarter, he is assisted by a number of Additional Director General

of Police (ADGP), Inspector General of Police (IGP), Deputy Inspector General of

Police (DIG), Assistance Inspector General of Police, Controller of Finance and

Accounts and other staff offices. Punjab Police Headquarter consist the following:

Law and Order Branch

Administration/ Establishment Branch, which also look after police welfare

Provisioning Branch including Accounts and Finance Branch

Crime Branch which also looks after State Forensic Science Laboratory

Intelligence Branch

Security Branch

Computer and Wireless Branch

Operations Branch

Training Branch

Litigation Branch

While administration/ establishment branch and provisioning branch are

looked after by ADGP administration and litigation branch is under the charge of an

IGP, each of the remaining branches is headed by an ADGP.359

359

Data on Police Organisation in India as on January1,1999, obtained from Bureau of Police

Research and Development, New Delhi, September 2001, p.57.

155

Administrative Division

The Punjab state divided into four zones: (i) Patiala Zone, (ii) Jalandhar Zone,

(iii) Ferozepur Zone, (iv) Border Zone. Inspector General of Police is the head of each

zone. These zones further divided into six ranges, namely, Patiala, Faridkot,

Jalandhar, Ludhiana, Firozpur and Border range, and each range is headed by Director

General of Police (DIG). Presently, Punjab has 24 police districts, 78 police sub-

divisions, 38 circles, 270 police stations (171 rural and 99 urban). An Inspector

General of Police (IGP) heads a zone. Each range is headed by Deputy Inspector

General (DIG). Each district is headed by a Senior Superintendent of Police (SSP).

Each district has a number of police sub-divisions and a number of police stations,

each sub-division is headed by a sub-divisional police officer or Deputy

Superintendent of Police (DSP) or Assistant Superintendent of Police (ASP). A Sub-

Inspector of police or an Inspector of police heads each police station is called Station

House Officer (SHO). Some police stations have police posts. Each police post is

headed by an Assistant Sub-Inspector (ASI) or Sub-Inspector (SI). A police post is a

subsidiary of a police station and is responsible for prevention and detection of crime

in its area under the overall control of its police station headed by SHO. However, a

police post can not register a case, crime are to be registered at the police station

itself.360

Zonal Police and Range Police

360

Ibid

156

The Zonal IGP guides, supervises and controls range Deputy Inspector

General and coordinates their working. This institution is of recent origin, since until

recently there was no supervisory officer between the Director General of Police

(DGP) and a range Deputy Inspector General (DIG). A range DIG is responsible for

administration, training, discipline, welfare and operational efficiency of police of his

range. He guides supervises and controls District Superintendents under him and

coordinate their working. In the exercise of his responsibilities, he interferes as little

as possible with the executive authority of his District Superintendents of Police. He

is also advisor of Divisional Commissioner and District Magistrates whose

jurisdiction lie within his charge.

157

Table 4.1

District-wise Number of Police Stations and Police Posts in Punjab as on October

31, 2001

District Number of police stations Number of police

posts

Total

Gurdaspur 12 10 22

Batala 14 7 21

Amritsar 13 9 22

Taran Taran 12 4 16

Majitha 8 4 12

Kapurthala 8 5 13

Jalandhar 22 2 24

Nawanshehar 5 4 9

Hoshiarpur 10 8 18

Rupnagar 10 8 18

Ludhiana 18 3 21

Khanna 5 4 9

Jagraon 7 2 9

Firozpur 17 22 39

Faridkot 6 0 6

Muktsar 7 1 8

Moga 8 0 8

Bathinda 15 1 16

Mansa 10 0 10

Sangrur 12 4 16

Patiala 16 7 23

Fatehgrah Sahib 6 4 10

Barnala 7 1 8

Govt. Railway

Police (GRP)

Punjab

11 0 11

Source: Statistical Abstract of Punjab, Economic Advisor to Government of Punjab,

Chandigarh, 2001, p.749.

The District Magistrate is the head of the criminal administration of the

district. The police force in a district is, therefore, placed by law under the general

control and direction of the District Magistrate. In the exercise of his control, he is

required to inspect police stations. But he exercise no executive authority in the

matters, which concern the internal administration and training of the force. The

158

Superintendent of Police is expected to keep District Magistrate fully and promptly

informed of all matter relating to crime and public order.361

AT DISTRICT LEVEL

For the prevention and detection of crime, district police is a main

organisation. The Senior Superintendent of Police is generally known as the chief of

district police set up in Punjab. He is supposed to be soldier, a leader, a teacher, a

diplomat and a friend in need. The SSP generally assisted by three Additional

Superintendents of Police, popularly known in Punjab as Superintendent of Police

(SP). There are three categories of SPs, SP (Headquarter), SP (Detective), SP

(Operation). Superintendent of Police (SP Headquarter) is concerned with posting and

transfer, financial matter and police lines. He is thus the administrative manger of the

district police set up in Punjab. SP (Detective) assists the SSP in crime prevention and

detection. SP (Operation) deals with the anti-terrorists and anti-criminal operation

within the district. He mobilize resources for these operation and arranges

coordination among different agencies involved in these operations. In big cities like

Amritsar, Jalandhar and Ludhiana, two Superintendents of Police (SP) look after the

charge of city police stations.

361

Punjab Police Rules 1: 5, No. 9.

159

Chart 4.2

Organization of District Police in Punjab

Source: Office of D.G.P. Punjab, Chandigarh.

There are also a number of Deputy Superintendent of Police (DSPs) at district

police headquarter, such as DSP (Headquarter) DSP (Directive), DSPs (Police Lines),

160

DSP (Special Branch, DSP (City) and DSP (Rural). A district police headquarter

generally consists of an office and a police lines.362

Table 4.2

Sanctioned Strength of Punjab Police as on January 1, 2000

Rank Civil police including District

Armed Reserve

Armed Police Total

DGP 2 1 2

Addl. DGP 9 1 10

IGP 15 2 17

DIG 16 7 23

AIG/SSP/SP 105 76 181

ASP/DSP 246 138 384

Inspector 610 142 752

Sub-Inspector 1646 474 2120

ASI 3884 354 4238

Head Constable 8311 3029 11340

Constable 37478 13738 51216

Total 52322 17961 70283 Source: Data on Police Organisation in India (as on 1-1-2000), Bureau of Police

Research and Development, New Delhi, 2000, pp.26-31.

SUB-DIVISIONAL POLICE SET-UP IN PUNJAB

The district supervision of police station is the responsibility of a Deputy

Superintendent of Police (DSP), Assistant Superintendent of Police (ASP). He is

designated as a Sub-Divisional Police Officer (SDPO). The charge of SDPO

comprises 2 to 6 police stations in Punjab. He discharge his responsibilities by

undertaking surprise checking, conducting crime meetings, sending observation notes

on the progress of various cases, visiting the scene of crime recommending rewards

and punishment, formal/informal inspections, directly assuming the charge of

investigation where investigation is suspected to be done in an unfair manner,

maintaining liaison with other officers of the sub-division (such as Sub-Divisional

Magistrate) and his counterparts in the neighbouring areas and by undertaking annual

performance appraisal of his subordinates. A DSP has got special powers under

362

Ibid.

161

Narcotics and Psychotropic Substances Act and Gambling Act, etc. A SDPO is

assisted by a staff of 2 to 3 persons (including a vernacular typist) headed by a Head

Constable who is known as Reader.363

Rural Police Stations

The Indian Police Commission (1962) reported that the Chowkidari system

seemed to be working well in Punjab.364

According to the Punjab Police Rule 21.3

(4), the village watchman, or Chowkidar, is a village servant who chief duty is watch

and ward of the village. He is required to assist the village headman in tracing

offenders and to make arrests as authorised by law. He is responsible to District

Magistrate for performance of his duty. The District Magistrate, who is also the

disciplinary authority for Chowkidars, appoints a Chowkidar. Punjab Panchayati Raj

Act, 1994, empowers a gram Panchayat to enquire into and make report about

misconduct of petty officials including a Chowkidar. Efforts of Punjab police to

acquire full control over village Chowkidar and to make him independent of the

control of village headman did not succeed as the state government felt that this

change would strike at the root of the principle of village responsibility for control of

crime on which the Chowkidari system is founded.365

Chowkidar is also the agency

for reporting of birth and death occurring in the rural tracts. For the purpose of

recording vital statistics, Chowkidars visit police stations at prescribed intervals. On

these occasions news and orders regarding prevention and detection of crime and

collection of intelligence are imparted to them.

363

Compendium of Recommendation of the Police Commission of India, National Crime Record

Bureau, New Delhi, 1987, p.19. 364

Ibid. 365

G.S. Aujla, Second to None: A History of Punjab Police, Mahindra Brother Printer, Ludhiana,

1998, p.49.

162

Punjab has Village Patrol Act, (VIII of 1918). The Act empowers the District

magistrate to direct the villages for patrolling (thikri pahra). The Superintendent of

Police approach their District Magistrates for invoking the provisions of this Act. The

police rules provide that thikri pahra and naka bandi (a non-statutory arrangement) on

no account be regarded as a matter of routine and should be resorted to temporarily

only during epidemics of crime.366

The police rules enjoin upon officers of police stations to organise naka bandi

and thikri pahra on a voluntary basis as a measure of community policing. The officer

in-charge of rural police station and their subordinates are expected, under Police

Rules, to tour their jurisdiction freely for gaining local knowledge and supervising

performance of Zaildars, Inamkhors, Lambardars and Chowkidars in relation to crime

and criminals. The Head Constables and Constables of police stations are deputed to

village to keep a watch and the gather information about bad characters.367

Urban Policing

Policing in urban areas in Punjab, as in other states, is based on beast patrols,

and traffic points. Patrols are of two kinds: (a) patrols under Head Constables or

superior officers for the supervision of staff engaged for observation in the areas of

beast; (b) patrols outside the areas of fixed beats for the protection of special areas or

for the interception of criminals and suspicious persons coming to or from the towns.

While all parts of a beat or patrol area cannot be under constant observation, the time

at which a particular sport is patrolled is kept uncertain.

For fairs, processions, festivals and other public functions, adhoc police

arrangements including for parking and diversion of traffic are made in the area

concerned. For vulnerable installations, full time guards having adequate number

366

Vijay Kumar Jindal, Punjab Police Rules march.3,1934 – With Police Act, 1861, Chawla

Publication, Chandigarh, 1998, p.2. 367

Ibid.

163

police personnel are detailed. The cost of many such guard is realised from the agency

in the premises of which the guards are posted. Patrols, beats and guards are regularly

checked and inspected.368

Women Police

In the state of Punjab, women police is a part of its civil police, but some

states have women police in their armed as well as civil police force. Assam and

Madhya Pradesh are two such states. The actual strength of women civil police

including District Armed Police at the National level was 48625 against the

sanctioned strength of 41107. The proportion of actual “Women Civil Police” to the

total „Civil Police‟ is 1: 22.5. The maximum strength of women civil police among

the states existed in Tamil Nadu (8646) followed by Maharashtra (7477), Karnataka

(3586), Orissa 2669, Gujarat (2463), Kerala (2433), Rajasthan (2226), Uttar Pradesh

(2128), Madhya Pradesh (1955), Punjab (1515). Punjab has ten women police

stations, i.e., Jaladnhar, Amritsar, Batala, Ludhiana, Bathinda, Firozpur, Faridkot,

Hoshiarpur, Patiala and Sangrur.369

Government Railway Police

Government Railway Police in Punjab, as in other states, is organised to deal

with crime and maintain law and order on the railway system. For the prevention and

detection of crime and general police duties, the jurisdiction of Government Railway

Police (GRP) is divided into a number of sub-divisions, each under the charge of a

Deputy Superintendent of Police, each such sub-division is further divided into police

stations for the purpose of registration of crime, the upkeep of records and distribution

of the force. For the investigation of crime, every sub-inspector of railway police has

368

Strengthening and Modernisation of State Police Force: Report of PPG-IV, Ministry of Home

Affairs, New Delhi, p.22. 369

Ibid.

164

the powers of an officer in-charge of a police station. The jurisdiction of the railway

police is confined to railway limit, i.e., all grounds and buildings within the railway

boundary. The duties of railway police include:

Protection of traveller.

Maintenance of law and order at railway stations and in trains.

Attending the arrivals and departures of passenger trains at stations for the

purpose of rendering assistance to the passengers and railway officers as also for

keeping watch on undesirable elements.

Bringing of all offences under the Railway Act and bye-laws to the notice of

proper railway authority.

Keeping platform clear of idles and beggars.

Control of vehicles and other traffic in the compounds of railway stations.370

The district and railway police, being branches of the same force, are expected

to cooperate and assist each in every possible way.

Armed Police Battalions

Punjab has 18 police battalions. Each battalion is headed by a Commandant,

who is an officer analogous in rank to a Senior Superintendent of Police (SSP). A

battalion is generally divided into companies. A company is divided into three

platoons. A platoon consists of three sections.

Indian Reserve Battalions

Five India Reserve Battalions have been raised by the Punjab Government on

21 December 1993 to supplement its reserves to timely and effectively meet its own

requirements of force for maintaining public order as well as to render prompt help to

370

Ibid.

165

other states on the request to government of India.371

These battalion have not only

augmented the security force in the state but also provided an opportunity for

absorption of over 1800 Special Police Officers (SPOs) working in the districts of

Punjab who had performed very creditably in the fight against the militancy, in

regular service.

Commando Battalions

To contain the activities of terrorists in Punjab, the State Government raised

five Commando Battalions in the pattern of central paramilitary forces. The first

battalion came into existence in 1988. The second and third battalions were raised in

1990. The fourth and fifth battalions were established in 1992. A DIG of Police

oversees the training of personal of these battalions. An IGP is in overall control of

these battalions. The personnel of these battalions are meant for anti-terrorist

operations such as raids on hideouts of terrorists, laying nakas and ambushes. Their

personnel are also detailed for VVIP security duties. The Non-Gazetted Officers

(NGOs) and Other Ranks (ORs) for the commando battalion are selected from the

Punjab Armed Police (PAP), who then undergo eight weeks commando course. The

trainers who are not able to complete the course successfully are repatriated to PAP.

The personnel of commando battalions are required to serve in these battalions for

tenure of two years after which they are absorbed in district police.372

371

Annual Administration Report of Punjab Police Department, Punjab Home Guards and Directorate

of Civil Defence, Chandigarh, 1997, p.21. 372

Ibid.

166

POLICE TRAINING

According to Gore Committee on Police Training, training is a conscious

effort for imparting or improving the knowledge and skills of an individual and for

developing his attitude and values in the desired direction. Under the change

circumstances the following objectives have to determine the liniments of police

training in order to enable them to play their role in the socio-economic order.373

To prepare a police force which is physically fit, alert and responsive.

To foster loyalty to the constitution, commitment to the aspiration of the nation,

the concept of an egalitarian society and the needs for national integration.

To increase awareness of the problem those arise in the wake of development

process, social diversity, scarcity and controls, regional imbalances etc.

To effect attitudinal change in dealing with the uneducated and under-privileged

masses divided by the contours of religion, caste, region and income.

To cater to the need for the application of scientific techniques, management

concepts and skills, inculcation of constructive attitude and values in police

work.

To prepare the police to complete with the best outside the department in terms

of updating skills and abilities in sate-of-the-art technology.

It appears that Punjab police has not so far succeeded in effecting attitudinal

changes in its members, despite relentless efforts being made by it for this purpose.

An important area of police work relates to service oriented functions, which are

meant to provide relief to persons in distress situation. As in other parts of the

country, policemen in Punjab are not being trained and equipped to perform these

functions.374

373

G.S. Aujla, Police Training – A Profile, Mohindra Brother Printer, Ludhiana, 1998, p.56. 374

Ibid, p.58

167

POLICE TRAINING INSTITUTE IN PUNJAB

Punjab has a number of institutions for police training; scope and role of these

institution are mentioned below:

Jahan Khelan Hoshiarpur Police Recruits Training Centre

It is subsidiary recruit training school in Punjab established in the year 1947,

and is located at Jahan Khelan, which is about 10 kms. from Hoshiarpur on the Una

road. It is supervised directly by the Director, Punjab Police Academy (PPA). It can

accommodate 3000 trainers at a time. It conducts the following courses:

Basic course for constable including constable of wireless wing (duration nine

months).

Weapons and tactics course of 8 weeks duration for ASIs, HCs, and constables.

Conversion course for constables on transfer from commando battalions.

Capsule course for constables who have not done nine months training at this

centre.

Reorientation course for constable on list C-II.

Detective foot constable course.

Reorientation course for police behaviour.

Refresh course for constable for districts police and GRP.

Gunmen course for district police (GRP).

Training-of-trainers course.

Punjab Armed Police Training School, Jalandhar

The school was established in October 1991. It caters to training needs of

recruits of Punjab Armed Police (PAP) battalions.375

Since the duty of armed

battalions primarily involved guarding of vital installations, residences of VIPs and

375

Data on Police Organisation in India, Bureau of Police Research and Development, New Delhi,

2000, p.100.

168

mob control their training requirements are different from the training needs of civil

police. As such, a separate training institution has been set up for these battalions.

Table 4.3

Training Course Conducted at PAP Training School, Jalandhar

Training Courses Duration of Training

Drill and Weapon Instructor Course 16 weeks

Weapons and Tactics Course 12 weeks

Gunman Course 2 weeks

Drill Refresher Course 4 weeks

Driving and Maintenance Course 26 weeks

Crash Training 15 days

NAP course 32 weeks

Bomb Disposal Course 15 days

Handling and Defusing of Exposure 2 weeks

VIP Security 2 weeks

Reorientation Course 15 days

Special Crowd Control Course 6 weeks

Tear Smoke Course 6 weeks Source: Punjab Police Academy, Phillaur.

Maharaja Ranjit Singh Punjab Police Academy, Phillaur

Up to year 1890, the newly appointed police officers were went directly to

their station where they were trained under experienced officers. As the time passed,

officers trained in the fashion could not meet the challenge of the job as their

orientations depended a great deal on the whims of officers under whom they were

trained.376

In those days, there used to be a police school in the police line in every

district, where the subject in which enrolled officers had to qualify for promotion,

used to be taught. In 1891, Police Training School (PTS) was set up at Phillaur. It

became functional in 1892. Before 1890 there was only one regular police training

institution in the country at Vollere in madras presidency, which was established in

1859. The objects of PTS was to train and educate candidate for the superior and

subordinate grades of the police forces, and to improve quality of personnel from

376

G.S. Aujla, n.24, p.73.

169

which promotion to the higher ranks was to be made. The staff of the school was

expected to foster amongst the students the attitude for physical fitness, discipline,

courtesy and straight forwardness. Police officer of North West Frontier Province,

Baluchistan and Delhi also received training at the school. By 1905, princely states

also started sending their officers to the school. The PTS was upgraded as Police

Training College (PTC) under the charge of Superintendent of Police in 1962. The

post of principal was upgraded to the level of DIG in 1967. On 1 March 1995, the

institution was upgraded as Punjab Police Academy (PPA) with an Inspector General

of Police as its director. Now an additional Director General of Police heads the

academy.

The academy is affiliated with Guru Nanak Dev University for academic

courses like M.A., M.Phil. and Ph.D. in Police Administration. The objective of the

academy have changed from time to time. When Punjab was affected by militancy,

the courses of academy were oriented towards anti-terrorists activities. The academy

is also having programmes to bring about attitudinal changes in Punjab police, so that

the force becomes acceptable to the society and is treated by the society as its friend

and saviour. The academy is well-staffed. It was three major departments – indoor,

outdoor and administration. Social sciences constitute separate segment of its

curriculum with full time teaching faculty.

Academy has five hostels which can accommodate over 1200 trainees, officers

mess which can accommodate 50 officers, over 400 family quarters, a 25 bedded

hospital, 25 class rooms which have capacity for 1250 students, a mini forensic

science laboratory for instructional purpose, an auditorium with sitting capacity for

1400, one fully air-conditioned conference hall with sitting capacity of 65, a well-

equipped computer training centre, a cyber café, a library with about 35000 books and

170

40 journals, modern shooting range, an all-weather riding school, a human process

laboratory, a communication centre, a stadium (having 400 meter athletic track), a

captive power generation unit, a firearms training system, a traffic training centre, a

small traffic park, audio-visual training aids, a golf club, a rifle club, a physical fitness

centre and other facilities. The academy also maintain police museum established in

1901. It contain articles of police interests like tools and implement used by criminals,

forged coins and currency notes, dyes, old police records, old and rare weapons,

weapons of offence, poisons, moulds and a photo gallery with old and rare

photographs.377

The Human Process Laboratory (HPLO) provides psychological

backup during various training programmes. It is equipped with latest behavioural

testing equipment necessary for shaping the personality of the trainees. It also

conducts various behaviour modification session in the form of sensitivity training

stress management, counselling service, psychological testing, etc.

Training programmes are planned to impart necessary knowledge regarding

the subject; assist the participants to develop the necessary skill for translating the

knowledge into action; enables the participants to identify and understand the attitude

which would be desirable in handling different situations. The academy runs the

following basic courses. Officers from other states are also accepted in these courses.

Basic courses for directly recruited ASIs (duration one year), Inspector/ Deputy

Superintendent of Police (duration one year), and Women Constables (duration

nine months).

Drill Instructor‟s Basic Course (six months) for Constables and Head Constable

and Burglar‟s Basic Course (six months) for Constables.

377

Prospectus-cum-Calendars of Course 2002-03, Punjab Police Academy, Phillaur, p.4.

171

Six weeks attachment course in which IPS probationers are taught cultural and

historical background of the state, police regulations, fundamental rules,

supplementary rules, local and special laws, local language, local agrarian/

political/ law and order problems in Punjab. court rooms functioning and

etiquettes, methods of collection of intelligence and composition and functions

of intelligence network of the state, platoon/ company drill, etc.

Course for newly recruited Punjab Civil Services (PCS) judicial officer in which

they are taught Punjab Police Rules, forensic science, forensic medicine and

police practical work to help them gain a balanced view of functioning of

various components of criminal justice system. Similar courses are also run for

PCS (executive) officers.378

378

Data on Police Organisation, n.26, p.34

172

Table 4.4

Specialised Courses Run by Punjab Police Academy

Course Personnel /Organization to

receive Training

Duration

Finger Print Proficiency Constables and HCs 1 month

Photography-cum-Single Digit Constables 3 months

Refresher course for Drill Instructor Constables and HCs 4 weeks

Elementary Traffic Constables 4 weeks

Juvenile Justice GO and NGOs 2 days

Self-Development GO and NGOs 3 days

Departmental Enquires GOs/ Inspectors 2 days

Drug Law Enforcement Course GO and NGOs 3 days

Station Clerk Course (Moharar) Constables and HCs 6 days

Scientific Investigation NGOs 3 days

Management of Anti-social and

Criminal Behaviour

NGOs 2 days

Economic Offences NGOs 3 days

Mob Psychology and Crowd Control ASIs/ Sis 6 days

Human Rights GOs and NGOs 2 days

Anti-terrorism GOs and NGOs 2 days

Attitude and Behavioural Change GOs and NGOs 3 days

Officers Procedure and Accounts GOs 2 days

Station House Management Sis 3 days

Stress Management NGOs 3 days

Forensic Science GOs 3 days

Crime against Women, Children and

Weaker Section

GOs 3 days

Police Community Relations NGOs 2 days

Training of Trainers GOs and NGOs 4 days

Police Rules and Procedure SPs/ Commandants 3 days

Inspection and Supervision GOs 2 days

Strategic Management SSPs and DIGs 3 days

Gender Sensitization GOs and NGOs 2 days

Investigation Skills NGOs 3 days

Computer Crime and Information

Technology

GOs 2 days

Management of District Office GOs 2 days

Vertical Interaction Course on Stress

Management

Senior police officers from all

over the country as nominated by

BPR&D

6 days

Source: Prospectus-cum-Calendars of Courses: 2002-03, Punjab Police Academy,

Phillaur and Police Recruits Training Centre, Jahan Khelan.

Commando Training School, Bahadurgarh, Patiala

173

When terrorism in Punjab reached a high watermark, a commando battalion

was created out of the existing PAP (Punjab Armed Police) strength. With the

sanction of raising of four more commando battalions, it was felt that Punjab should

its own commando training school. Accordingly, this school was established in May

1992 at Bahadurgarh Fort near Patiala. Some infrastructure was already available at

this place and the same was suitably expended to cater to the requirement of

commando training. The institution conducts three months training programme for

Punjab Armed Police (PAP) constables who are transferred to commando battalion.

India Reserve Battalions Training Centre, Ladda Kothi, Sangrur

The centre was established at Ladda Kothi in the year 1994 when five IR

battalions were raised by the Punjab police. Prior to the establishment of this training

centre, Ladda Kothi was subordinate recruit training centre under the control of PTC

(now at Punjab Police Academy, Phillaur).379

The centre now cater to the training

needs of IRBs only.

CID Training School, Chandigarh

It was established in September 1973 to provide training to nose police

personnel who are posted in CID.

379

Shankar Sen, Policing in Democratic Society, Gyan Publishing House, New Delhi, 2000, p.29.

174

Table 4.5

Course Conducted at CID Training School, Chandigarh

Course Duration of training

Basic Intelligence Course for Officers of Intelligence Wing 4 weeks

Basic Intelligence Course for NGOs of Intelligence Wing 4 weeks

CIP Security Course 7 days

Counter-terrorism Course 10 days

Surveillance and Enquires Course 10 days

Counter-Intelligence Course 12 days

Course on Recruitment of Sources for NGOs/HCs of

Intelligence Wing

5 days

Subversion/ Counter-Subversion Course 5 days

Techniques of Interrogation Course 8 days

Source: Punjab Police Academy, Phillaur

Wireless Training School, Phillaur

It runs several courses for operational and technical personnel of Punjab

Police Wireless Wing.380

Special Investigating Agencies/Centres in Punjab

Punjab has a Vigilance Bureau to deal with complaints against government

officials including the police personnel. It registers cases on the basis of information

received after preliminary verification and, in suspected cases, arranges traps. It may

starts its inquires on a complaint received directly or on the basis of reports forwarded

by various departmental heads including police department. If inquiry conduced by

the vigilance department does not establish a prima facie corruption case and

discloses irregularities or omission/ commission of other types, the matter is referred

back to the concerned departments for action under relevant disciplinary rules.381

Community Peace Resource Centre

380

Data on Police Organisation in India, no. 26, p.101. 381

Punjab Police Rules, 16.12, No. 9.

175

To improve the image of the police there are plans for community policing in

Punjab. It was first set up in district Ludhiana in February 2003 to provide single-

window services to the people like, general inquires related to different work of

community service; foreign counter‟ verification counter; passport verification; armed

licenses and permission, human rights complaints counter; NCRB counter and

information centre under Right to Information Act.

Crime against Women and Children Prevention Cell

These cells have been established in Punjab where the help and collaboration

of the social worker is also taken in resolving the matter relating to women and

children. Generally matrimonial disputes are dealt by giving special consideration to

the restore matrimonial harmony and the protection of the rights of the women.

Scientific/Forensic Laboratories in Punjab

Successful investigation of crime as well as fair administration of justice

depends upon the quality of evidence. If the quality of evidence is poor as has been

the case with eyewitnesses‟ testimony, the criminals manage to go unpunished.

Realising the importance of forensic science in improving the quality of evidence, the

Government of India in the year 1958, prepared a model scheme to introduce science

in the Indian criminal justice delivery system by setting up a chain of forensic science

laboratories all over the country.382

In due course several such laboratories have been

set up in different states. To strengthen these laboratories, the government of India has

made provision for assistance to the states for this purpose under the scheme launched

by it for modernization of state police forces.

Punjab Forensic Science Laboratory

382

B.B. Nanda and R.K. Tiwari, “Development of Forensic Science Services: A State Level”, Indian

Police Journal, No. 4, Delhi, October 1999-March 2000, p.109.

176

Punjab has a Forensic Science Laboratory (FSL) at Chandigarh. It was

established in the year 1981. It has seven divisions, namely, ballistic, physical,

documents, toxicology, serology, chemistry and biology. It is headed by a Director

Punjab has not such regional laboratory. To facilitate prompt deployment of forensic

science team to the scene of crimes, mobile forensic science units have been

established at some districts in Punjab.383

Training for Management of Crime Scene

A scene of crime is generally a veritable mine of clues of profound

evidentiary value. These clauses have to be preserved and prevented from

contamination till the arrival of forensic science team from laboratory or a mobile

unit. Arrival of these team at the scene of crimes takes time depending upon the

distance involved between their location and the scenes of crime. Police personnel of

the nearby police station or outpost are generally the first official functionaries to

reach a scene of crime. The responsibility for preservation of these scenes of crime

and prevention of clues from contamination rests on these police personnel. In many

cases, due to dearth of resources, it is not possible to deploy forensic science teams to

all the scenes of crimes. The police personnel mentioned above have to identify, lift,

pack and forward the clues of forensic science laboratory for examination in cases not

covered by the visits of forensic science teams.

Unless the civil police personnel are sensitized about forensic sciences, they

cannot satisfactorily discharge the responsibilities mentioned above. Punjab police is

making appropriate efforts in this regard. A mini forensic science laboratory is

attached with Punjab Police Academy, Phillaur. This laboratory provides training to

383

The Tribune, Chandigarh, January 4, 2003.

177

the students of academy in scientific aids for investigation and inculcates in them

necessary awareness regarding forensic science.384

Central Forensic Science Institutions

There are three central forensic science laboratories – one at Kolkata, second

at Chandigarh and third at Hyderabad. These laboratories, apart from doing research

and development work, function as referral centres for cases, which requires extensive

investigation and high expertise. Such cases are referred by the courts as well as by

other forensic science laboratories. Chandigarh laboratory is being developed as a

centre of excellence for specializing research work in physical science.

Central Government maintain laboratories of Government Examiners of

Questioned Document (GEsQD) at Shimla, Kolkata and Hyderabad. The laboratory of

Shimla is conveniently accessible to Punjab police. It is being developed as a centre

of excellence for research in application in computer in analysis of questioned

documents. States can also utilize the services of DNA units of CFSL, Kolkata, and

neutron activisation analysis unit, which function at Baba Atomic Research Centre,

Mumbai, and it is only institution of its kind in the country.385

The central laboratories and GEsQD laboratories are managed by Bureau of

Police Research and Development (BPR&D). Forensic science division of BPR&D

conducts a series of training and retraining courses in strategic technologies for

practice in major fields of forensic science for scientists of state forensic science

laboratories. The division coordinates all forensic science activities including research

and development programme in the country through centre and state FSLs and three

GEsOD. This division, in addition, holds annual metting of Directors of State and

384

Modernization and Upgradation of Police Infrastructure – A Five Year Projection, Bureau of

Police Research and Development, New Delhi, p.28. 385

Ibid.29

178

Central FSLs and Biennial Conference on forensic science. It also provides

consultancy service to state government for setting up new laboratories and

reorganization/ upgradation of existing ones.386

386

Ibid.32