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Police in Criminal JusticeAdministration
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Police and Constitution of India
• The Constitution puts police and public order
in the State List of the Seventh Schedule
giving the State Legislatures the powers to
legislate on these subjects.
• Assigns a definite role of supervision and
coordination to the Union Government also
in the matters pertaining to police
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g
• While police and public order are within theState field of legislative competence;preventive detention for reasons connectedwith the security of a state, the maintenance
of public order and persons subjected to suchdetention are under concurrent jurisdiction ofParliament as well as State Legislatures.
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Police & Constitution of India
• Article 249 of the Constitution gives powers to
Parliament to intervene in state police
administration, if there is enough justification
for doing so.
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Police Acts
• The Police Act of 1861, which prescribes the
framework of police, is the nucleus structure
around which the various central and varying
state laws have grown to organize policing at
village, tehsil, district, State and Union levels.
• The Police Act of 1888 was enacted to create
general police districts embracing parts oftwo or more provinces.
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Police Acts •
It provided that the superintendence of the police throughout a general police district, shall vest in the Central
Government.
• The Police (Incitement to Disaffection) Act, 1922 - enacted
to penalise any attempt by means of threats, intimidation and
otherwise to induce members of the police force to refrain
from doing their duty and to spread disaffection among them.
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Police Acts
• After independence another Police Act was
passed in 1949 which empowered the Central
Government to constitute a general police
district embracing two or more UnionTerritories and applied the provisions of the
Police Act, 1861 to such a general police
district.
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Police Acts
• The Police Forces (Restriction of Rights) Act,
1966 provides for the restriction of certain
rights conferred by Part III (Fundamental
Rights) of the Constitution in their application
to the members of the forces charged with the
maintenance of public order so as to ensure
proper discharge of their duties andmaintenance of discipline among them.
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Powers of Police
• In addition to the Police Acts, the police
derives powers from the Cr.P.C., I.P.C., Indian
Evidence Act and numerous other central and
state criminal laws. Chapters IV to VII, and Xto XII of the CrPC contain detailed provisions
relating to the powers of the police including
the power to arrest, search, investigate,disperse unlawful assembly, take preventive
action.
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Police Forces in India
• The police forces in India are
broadly divided into two,
namely,
–State Police and
–Central Police Organizations.
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State Police
• The entire police establishment under a State
Government is deemed to be one police force.
• The superintendence of the police throughout a
State is vested in and, is exercised by the StateGovernment and except as authorized under the
provisions of the Police Act, 1861, no person,
officer or court can be empowered by the StateGovernment to supersede or control any police
functionary.
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Field Establishment
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District Level
• States are divided territorially into
administrative units known as districts. An
officer of the rank of Superintendent of Police
heads the district police force.
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Range
• A group of districts form a range, which is
looked after by an officer of the rank of
Deputy Inspector General of Police. Some
states have zones comprising two or moreranges, under the charge of an officer of the
rank of an Inspector General of Police.
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Sub-divisions
• Every district is divided into sub-divisions. A sub-
division is under the charge of an officer of the
rank of ASP/ Dy.S.P.
• Every sub-division is further divided into anumber of police stations, depending on its area,
population and volume of crime. Between the
police station and the subdivision, there arepolice circles in some states - each circle headed
generally by an Inspector of Police.
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Police Station
• The police station is the basic unit of police administration in
a district. Under the Criminal Procedure Code, all crime has to
be recorded at the police station and all preventive,
investigative and law and order work is done from there. A
police station is divided into a number of beats, which areassigned to constables for patrolling, surveillance, collection
of intelligence etc.
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Police Station
• The officer in charge of a police station is an
Inspector of Police, particularly in cities and
metropolitan areas. Even in other places, the
bigger police stations, in terms of area,population, crime or law and order problems,
are placed under the charge of an Inspector of
Police. In rural areas or smaller police stations,the officer in charge is usually a Sub-Inspector
of Police.
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Specialized Units
• There are specialized units and branches in
the State, districts and police
commissionerates which perform the
subsidiary functions and work in coordinationwith the executive police. These include
criminal investigation department,
intelligence branch, traffic branch, motortransport section, wireless section, dog units,
training institutions, etc.
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Police Commissionerates
• Some states have set up policecommissionerates in some cities. Under thissystem, a certain area of one or more districts
is put under the control of a Commissioner ofPolice instead of Superintendent of Police.
• Commissioner of Police may be of the rank ofD.I.G.P. or I.G.P. or even Addl. D.G.P./D.G.P.according to the size and sensitivity of thearea.
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Police Commissionerates
• A police commissionerate is divided into various
territorial units such as regions, zones, divisions,
etc. Officers of the rank of Dy.S.P., S.P., D.I.G.P.,
and I.G.P. are posted as Assistant Commissionerof Police, Deputy Commissioner of Police,
Additional Commissioner of Police, and Joint
Commissioner of Police respectively to assist the
Commissioner of Police.
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Police Commissionerates
• All these officers enjoy magisterial powers
under the provisions of the Cr.P.C. and other
state/central Acts to effectively discharge their
duties of crime prevention and maintenanceof law and order.
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Recruitment
• The members of the Indian Police Service, who
occupy senior positions in the State as well as the
central police organizations, are recruited by theUnion Government.
• The I.P.S. is an All India Service, created under
Article 312 of the Constitution of India. Theservice conditions of the members of the Service
are governed by the Union Government.
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Recruitment
• Recruitment to the state police is done
generally at three levels - Constable, Sub-
Inspector/Asst. Sub Inspector and Deputy
Superintendent of Police. In addition, there isrecruitment to the IPS at the level of Assistant
Superintendent of Police.
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Recruitment
• Recruitment of the officers of the State police
is done by the concerned State Government.
In most of the States there is direct entry to
the ranks of Constable, Sub-Inspector of Policeand Deputy Superintendent of Police.
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Recruitment
• Recruitment of police officers of the rank of
Sub-Inspector and above is done by the StateGovernments on the recommendations of theState Public Service Commission or arecruitment board.
• Constables and other lower ranks are directlyrecruited by the district S.P./C.P. orCommandant of the armed battalion.
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Recruitment
• There are two methods of recruitment to
the I.P.S
–
direct recruitment on the basis of acompetitive examination held by Union
Public Service Commission, New Delhi, and
– by promotion of substantive members of a
State Police Service.
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Postings, promotions and transfers
• In the current system of promotions in the
Indian police force the existing scope for
political interference is widely used.
Subjective promotions exist and the executiveis often directly involved. Postings and
transfers on the other hand are vested in the
hands of the higher ranks in the policehierarchy and apply to all levels.
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Police Reforms in India
• The very fact that the present system of policing is
governed by Centuries' old "Police Act of 1861"
which is still in force, gives a clear idea about the
necessity of police reforms in India.
• Even after terrorist attack, multi-crore scams and
internal security threats like Naxalism, political classis less willing to loosen its grip on police & are not
letting them do their job.
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Ground situation
• Every Circle or Sub Inspector is chosen afterconsideration of local MLA’s choice.
• Caste & “flexibility” of the concerned police
also determines posting.• At the State level, promotion is offered to
those who can “serve” to ruling party
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POPULATIONS VS. POLICE – GLOBAL TREND
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POPULATIONS VS. POLICE – GLOBAL
TREND
• In 2006, an analysis by the United Nations
indicates an approximate median of 300
police officers per 100,000 inhabitants.
• Global average ratio of police-population is
300 per one lakh. In India it is 130 per one
lakh.
• Less number, ill-trained, ill-equipped police
enhances vulnerability of people.
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Duties and Responsibilities of the Police
(Under Police Act, 1861)
• Obey and execute all orders and warrantslawfully 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 legallyauthorised to apprehend and for whoseapprehension sufficient ground exists.
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Central Police Organisation
• Intelligence Bureau
• Central Bureau of Investigation
• Bureau of Police Research & Development. (BPRD)
•
National Crime Records Bureau• National Investigation Agency
• Sardar Vallabhbhai Patel National Police Academy,Hyderabad.
• North Eastern Police Academy ,Shillong.• National Institute of Criminology & Forensic Science.
(NICFS)
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Police Reform initiatives in India
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Reform initiatives
• A long recognized need.
• More than 30 years of debate and
discussion by government createdcommittees and commissions on the way
forward for police reform, but India
remains saddled with an outdated andold-fashioned law.
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National Police Commission
• The National Police Commission (NPC)
was appointed by the Government of
India in 1977 with wide terms of
reference covering the police
organisation, its role, functions,
accountability, relations with the public,political interference in its work, misuse
of powers, evaluation of its
performance etc
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National Police Commission
Mission• To provide Law Enforcement Policing with a Firm
Foothold in the Future.
• To Raise the Standards of Professionalism in LawEnforcement Policing and Prison Correctional Services.
• To Optimally Blend Humanity with Technology toProduce Sustainable Institutional Cost - EfficientOutcomes.
• To Foster a Scientific, but humane, spirit of public-centric improvement in the Law Enforcement Policingand Prison Correctional Services across the country.
• To Devise Ways and Set Minimum Standards forImproving Police-Public Interface.
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NPC
• This was the first Commission appointed at
the national level after Independence. The
Commission produced eight reports between
1979 and 1981.
• Main recommendations