ROLE OF POLICE IN CRIMINAL JUSTICE SYSTEM

PROJECT REPORT ON-

ROLE OF POLICE IN
CRIMINAL JUSTICE SYSTEM
PROJECT SUBMITTED TO-

MR. ANINDHYA TIWARI

(FACULTY OF LAW & JUSTICE IN THE GLOBALIZING WORLD)

PROJECT SUBMITTED BY-

SHOAIB ALVI
ID – MU19LLM1Y014
STREAM – LL.M. (1 Year)
SEMESTER – I

MATS UNIVERSITY, RAIPUR

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 CERTIFICATE OF DECLARATION

I hereby declare that the project work entitled “ROLE OF POLICE IN CRIMINAL JUSTICE
SYSTEM” submitted to MATS University, Raipur, is record of an original work done by me
under the able guidance of Mr. Anindhya Tiwari, Faculty Member, MATS University,
Raipur.

SHOAIB ALVI
ID: MU19LLM1Y014
Stream – LL.M.
Semester - I
Date- 8th Feb, 2021

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 ACKNOWLEDGEMENTS

This is not just a customary acknowledgement of help that I received but a sincere expression of
gratitude to all those who have helped me to complete this project and made it seem apparently
more readable than otherwise it would have been.

I am in debt to my faculty advisor MR. ANINDHYA TIWARI for giving such an interesting and
wonderful topic “ROLE OF POLICE IN CRIMINAL JUSTICE SYSTEM” and who has
been extremely kind to make space for all my enthusiasm & endeavours and making it seem easy
by clearly explaining its various aspects.

I am also grateful to all my friends and seniors who have given their valuable suggestions
pertaining to the topic and have been a constant source of help and support.

Thanking everyone.

SHOAIB ALVI

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 CONTENTS

TABLE OF CASES…………………………………………….…3

Chapter 1- INTRODUCTION……………………………….…....5

Chapter 2- THE POLICE SYSTEM………………………………………..8

Chapter 3- ROLE OF POLICE……………………..……..........................11

Chapter 4- POWERS OF POLICE……………………………………17

Chapter 5- PROBLEMS AND NEEDS TO REFORM

OF THE POLICE IN INDIA…………………………………….. 20
Chapter 6- CONCLUSION……………………………………….24

BIBLIOGRAPHY…………………………………………………30

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 CHAPTER 1- INTRODUCTION

Police are one of the most ubiquitous organisations of the society. The policemen, therefore,
happen to be the most visible representatives of the government. In an hour of need, danger,
crisis and difficulty, when a citizen does not know, what to do and whom to approach, the
police station and a policeman happen to be the most appropriate and approachable unit and
person for him. The police are expected to be the most accessible, interactive and dynamic
organisation of any society. Their roles, functions and duties in the society are natural to be
varied, and multifarious on the one hand; and complicated, knotty and complex on the other.
Broadly speaking the twin roles, which the police are expected to play in a society are
maintenance of law and maintenance of order. However, the ramifications of these two duties
are numerous, which result in making a large inventory of duties, functions, powers, roles and
responsibilities of the police organisation.
The fundamental basis for any criminal justice system is the law of the land, specially in a
democratic society. The very process of evolution of law in a democratic society ensures a
measure of public sanction for the law through consent expressed by their elected
representatives. The entire criminal justice system in our country, therefore, revolves around
laws passed by the Union Parliament and State Legislatures. The durability and credibility of
the system will, in the first place, depend on the inherent strength or weakness of the various
laws enacted from time to time.
After laws are made in the legislative, bodies, their enforcement is taken up by the various
agencies set up for that purpose by the government. Police come at this stage as the primary
law enforcement agency available to the State. Enforcement of police is primarily an exercise
of taking due notice of an infraction of law as soon as it occurs and ascertaining the connected
facts thereof including the identity of the offender. Thereafter the matter goes for trial before
the judiciary where the facts ascertained by the enforcement agency arc presented by the
prosecuting agency and the accused person gets a full opportunity to present and argue his side
of the case. If the trial results in the accused person being found guilty, he is made to suffer a
penalty either by being held in custody for a specified period or by being made to pay up an
amount of money as fine to the State Exchequer and/ or compensation to the victim of crime.
Even in cases where a convicted person is to be sentenced to imprisonment, there are legal

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provisions for exempting him from such physical custody in certain circumstances and keeping
him under special observation by correctional agencies with the avowed object of facilitating
his reform and smooth return to society. The criminal justice system covers the entire scenario
from the occurrence of crime, i.e., any deviatory conduct punishable by law, investigation into
the facts thereof by the enforcement agency, adjudication proceedings in court aided by the
prosecuting counsel as well as the defence counsel, the performance of the correctional services
in facilitating the quick return of toe delinquent person to normal behaviour and finally the
administration of jails with the ultimate object of re-socialising the criminal apart from
deterring him from repeating his crime. Police, prosecutors, advocates, judges, functionaries in
the correctional services and jails form the different distinct organised wings of this system.
The ultimate object of the system is to secure peace and order in society. The success of the
system, therefore, depends largely on a proper understanding of the objectives of the system by
all wings put together and their co-ordinated functioning to secure this objective. The role,
duties, powers and responsibilities of the police with special reference to prevention and
control of crime and the maintenance of public order cannot be denied in isolation in absolute
terms, but has to be fitted into the overall requirements for the success of the criminal justice
system as a whole. We propose to examine in the succeeding paragraphs the limitations in
police role that flow from this inter-relationship.
The basic criminal law in our country is made up of the Indian Penal Code, the Code of
Criminal Procedure and the Evidence Act, all of which were originally conceived in the late
nineteenth century under the British regime and have largely remained intact in their original
form since then. The amended Code of Criminal Procedure of 1973 vary largely reproduced the
previous version of the Code. While the Indian Penal Code gives an exhaustive definition of
several forms of deviatory conduct, the Code of Criminal Procedure limits police responsibility
for dealing with them. Offences under the Penal Code arc divided into two categories :
cognizable and noncognizable. In cognizable offences, police have a direct responsibility to
take immediate action on a complaint by visiting the scene, ascertaining the facts,
apprehending the offender and prosecuting him in court. Non-cognizable offences arc generally
left to be pursued in courts by the affected parties themselves. Police cannot intervene in non-
cognizable offences except with magisterial permission to be specially obtained if found
necessary in any specific situation. In the classification of offences as cognizable and

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noncognizable, it appears that the framers of the Code were inclined to take a severe view of
any violation of law relating to possession of property and a lenient view of offences against
the human body. For example, even an ordinary theft involving a trifling amount has been
made cognizable by the police and followed by aggressive prosecution white offences of
causing hurt, assault etc. are held non-cognizable in certain circumstances. The classification of
offences and limitations of police response to complaints thereof, as spelt out in the existing
laws, do not conform to the understanding and expectation of the common people who, when
they become victims of a crime or are otherwise subjected to a distress situation, naturally turn
to the police for help. Police™ become a much misunderstood force when their action gets
limited by law contrary to the natural expectations of the people. There is, therefore, immediate
need to examine the procedural laws and allied regulations for modifying them to enable police
response to conform to public expectations, consistent with the resources potential of the
police.

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 CHAPTER 2- THE POLICE SYSTEM

The word ‘police’ is derived from the Greek word ‘polis’ meaning the State. The police
apparently were called so, because of their being the manifestation of power of the state. Mishra
and Mohanty (1992) have pointed that the role and function of the police of a country are
determined by the nature of the State. A Moghals that a regular police system was established
and after of the uprising of 1857, the British rules, who were well versed in the administration of
justice, introduced a number of changes in the police system. It was in 1861 that a police Act was
enacted and regular police syste was established in the British India. The role and functioning of
the police were identified and they were assigned the role of strict disciplinarian and custodian of
law and order to safequard the interest of their colonial regime.

However, in the post-independence era, a series of radical changes were introduced in the entire
police system to tune the police system on the modern lines. The police no-doubt has imporved
its role and functioning to some extent, but unfortunately the police over more than last sixty
years has not been in a position to improve its image in the soceity, which may be primarily
because of their occupational role, performance and the age old statutes. The most unpleasant
task in the Criminal Justice System belongs to the police. The Police is not only entry point in
the Criminal Justice Systm, but also lies at the cutting edge of the entire system. The Police is the
crucial and visible link between the people and the Government, as the Governmental authority
is translated into action by the police and resistance whatsoever is also faced by no one else,
other than police. No doubt, all the sub-systems of the Criminal Justice System viz. police,
prosecutors and judiciary are interconnected with each other and what is done in one sub-system
has a direct bearing upon the other subsystem. Police is an important component of the total
system.

It is sociologically admitted that when people occupy social position rather than by their own
individual characteristic roles which are the bundles of socially defined attributes and
expectations associated with the social positions. Police occupaies a very strategic position in
respect to the social contro, probably only next to the family and other personal groups in
importance. The modern police force in India was established by the Britishers. The law relating

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to the sphere of police work in the country remained more or less unalitered even after
independence. The Indian Police Act, 1861 enacted in British India, Provided for a uniform
police in the country. the functions and powers of the police are provided under the Act. Further,
the Criminal Procedure Code amended from time to time provides vast powers to the police,
which among others include power of investigation of the offences, arrest, search and seizure.
The police as an organisation has to carry out certain expected behaviour irrespective of their
own personal feelings or even at the cost of comforts of their family members. The Police
function today is more than just to maintain law and order situation. It has been often found that
the job profile or functioning of the police personnel has a direct impact upon the socio-
economic psychological dimensions of their family members.

The Police being the entry point in the Criminal Justice System and is expected to perform the
all embracing function of investigation of crime that involve gathering material evidence from
the scene of crime interrogation of witness, recording of confessions and statements before
Magistrate arrest search and seizure seeking remand and release on bail etc, in addition to
maintenance of law and order, therefore, the entire burnt is mainly on the police personnel. The
basis statue, namely the Indian Police Act has continued to regulate the functioning of the Police.
The code of Criminal Procedure 1973 has mainted the basic framework of old providisons and
provides a procedureal system. The officerin-charge of the police Staton, who continues to be the
kingpin of the local administration, enjoys wide powers under the criminal procedure law which
often conflict with the democratic principles.

The powers in question pertain to house search, arrest on suspicious, watch after conviction and
other issues regarding maintenance of law and order. Though Police is for the protection of the
society but in reality the society feards the Police and harbours hostility againt the Police. In fact
the societal perseption of the Police is based on day to day abuses and excesses that the Police
organisation indulge. In a way this is the consequence of politicisation and lack of
professionalism in the Police Force. The Malimath Committee on Criminal Justice Reform
(2003) has reosed strong faith on the police that according to the MCR is best shield against
growing criminalization in the society, including terrorism. The police is the crucial and visible
link between the people and the Government, as Government authority is translated into action
by the police and resistance whatsoever is also faced by none else, other than Police. They are

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important, because they keep our complex society together. They keep the citizen, working and
prospering within the framework.

It is an established fact that no society can exit or function without the support of an organised
police force, but the police force howsoever, well organised and effective. It may be, can not
check completely the criminals and increasing crime rate. It is a well known fact the police in
almost every part of the world have failed to check completely the criminal activities and the
onward march of the crime and delinquency.

The police by virtue of their position and functioning is most hated institution of any
Government and evry type of the Government. The police in India is not only an object of dislike
but hatred as well. In England in the words of Holcomb, no one loves a police man and in U.S.A.
cops are known as pigs by many, Moreoever, in most of the countries, there are usually common
allegations of highhandedness, inhuman methods of investigation, torture, corruption and
inefficiency against the police. There is common belief among the masses that police work under
the undue influence of the politicians. No doubt, all the sub-systems of teh Criminal Justice
System viz. police, prosecution, courts and prisons are interconnected with each other and what
is done in one sub-system has a direct bearing upon the other sub-systems.

There must be a proper co-ordination between all the segments of the Criminal Justice System. It
has been found there is hardly any proper and effective co-ordination between the different
segments of the criminal justice system, which usually goes in favour of the offender. A proper
and effective co-ordination between the different segments of the criminal justice system is
essential for smooth functioning of the system.

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 CHAPTER 3- ROLE OF POLICE

 Law enforcement objectives

Law enforcement cannot, however, be held up as an objective by itself. It may be viewed

as a fundamental duty and responsibility with the ultimate object of preserving peace and order,
protecting the life and property of the people and, what is more, protecting the constitutional
rights conferred on them. The preamble to the Constitution says that India is constituted into a
sovereign, socialist, secular, democratic republic and/it is to secure to all its citizens "Justice,
social, economic and political; Liberty o( thought, expression, belief faith and worship; Equality
of status and of opportunity; and to promote among them all Fraternity assuring the dignity of the
individual and the unity and integrity of the Nation".
Having regard to the objectives mentioned in the Preamble, we would hold that law
enforcement by police should cover the following two basic functions :—
(i) Upholding the dignity of the individual safeguarding his constitutional and legal rights. Police
secure this objective by enforcing laws relating to the protection of life, liberty and property of
the people.
(ii) Safeguarding the fabric of society and the unity and integrity of the nation. Police secure this
objective by enforcing laws relatable to maintenance of public order,

 Investigation and prevention of crime 

Law enforcement essentially consists of two parts. One relates to investigation of facts
concerning a crime, i.e. a violation of law, after such violation has actually taken place. The
second part relates to the prevention of the very occurrence of crime by a proper study,
assessment, regulation and control of factors and circumstances, environmental or otherwise,
which facilitate the commission of crime. We are of the view that police have a direct and more
or less exclusive responsibility in the task of investigating crimes but have a limited role in
regard to the prevention of crime for the reason that the various contributory factors leading to
crime do not totally and exclusively tall within the domain of police for control and regulation. A
coordinated understanding and appreciation of these factors not only by the police but also by

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several other agencies connected with social defence and welfare would be necessary for
effective prevention of [Link] responsibility for the prevention of crime has thus to be
shared to some extent with other agencies. We feel that this distinction in police responsibility
for investigation of crime on the one hand and prevention of crime on the other should be clearly
understood and indicated in the Police Act itself, which would also thereby institutionalise and
facilitate appropriate associative action by other social welfare agencies for preventing crime.

 Maintenance of public order

The task of maintenance of public order includes several measures for preventing violations of
law relating to public peace. Extending the principle mentioned in the foregoing paragraph, we
feel that police should be enabled in law to take the assistance for other organised public bodies
for undertaking appropriate preventive measures.

 Private security arrangements

With increasing State ownership of the means of production and distribution of goods and
delivery of services there has been an enormous growth of 'public property, particularly after
independence. Under the traditional protection extended to private property, public property also
needs protection. This fed to the development of special forces such as the Industrial Security
Force and the Railway Protection Force. With progressive industrialisation private property also
has expanded its dimensions, and the owners have progressed from the utilisation of sundry
.Watchmen to a system of organised private security guards. As many owners are willing to pay
for the services of such security guards without taking on the 'burden of administering them
directly a large number of privately operated Industrial Security organisations have sprung up in
the country. With greater industrialisation these organisations are bound to increase in size
because police cannot themselves possibly provide these services to individual business
.establishments, 
Besides organised services in the private sector for protection of property, private detective
agencies have also come up in the recent years to make informal enquiries certain types of
crimes where, for a variety ,pt .reasons, the victims of crime desire a quiet and confidential

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inquiry in preference to an open and .aggressive investigation by police. We understand there are
over 50 such agencies functioning in the country. They mostly deal with inquiries relating to
insurance claims, matrimonial suits, divorce matters, elopment and infringement of trade mark
and copyright Such agencies are also known to be employed on some occasions for collecting
intelligence to facilitate a-better understanding of an internal situation by the management of
private industries. There is at present no law in our country governing the functioning of the
private agencies. In some foreign countries they have a system of licensing such organisations
and .bringing them within the framework of some rules and regulations to facilitate their healthy
working and meaningful interaction with police in specified [Link] would recommend a
system of licensing with appropriate statutory backing to control the working of these private
agencies.

 Role, Functions and Duties of the Police in General

The role and functions of the police in general are:

(a) to uphold and enforce the law impartially, and to protect life, liberty, property, human rights,
and dignity of the members of the public;
(b) to promote and preserve public order;
(c) to protect internal security, to prevent and control terrorist activities, breaches of communal
harmony, militant activities and other situations affecting Internal Security;
(d) to protect public properties including roads, railways, bridges, vital installations and
establishments etc. against acts of vandalism, violence or any kind of attack;
(e) to prevent crimes, and reduce the opportunities for the commission of crimes through their
own preventive action and measures as well as by aiding and cooperating with other relevant
agencies in implementing due measures for prevention of crimes;
(f) to accurately register all complaints brought to them by a complainant or his representative, in
person or received by post, e-mail or other means, and take prompt follow-up action thereon,
after duly acknowledging the receipt of the complaint;
(g) to register and investigate all cognizable offences coming to their notice through such
complaints or otherwise, duly supplying a copy of the First Information Report to the
complainant, and where appropriate, to apprehend offenders, and extend requisite assistance in

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the prosecution of offenders; (h) to create and maintain a feeling of security in the community,
and as far as possible prevent conflicts and promote amity;
(i) to provide, as first responders, all possible help to people in situations arising out of natural or
man-made disasters, and to provide active assistance to other agencies in relief and rehabilitation
measures; (j) to aid individual, who are in danger of physical harm to their person or property,
and to provide necessary help and afford relief to people in distress situations; (k) to facilitate
orderly movement of people and vehicles, and to control and regulate traffic on roads and
highways;
(l) to collect intelligence relating to matters affecting public peace, and all kind of crimes
including social offences, communalism, extremism, terrorism and other matters relating to
national security, and disseminate the same to all concerned agencies, besides acting, as
appropriate on it themselves.
(m) To take charge, as a police officer on duty, of all unclaimed property and take action for their
safe custody and disposal in accordance with the procedure prescribed.
(n) To train, motivate and ensure welfare of police personnel

 Social Responsibilities of the Police

Every police officer shall:

(a) behave with the members of the public with due courtesy and decorum, particularly so in
dealing with senior citizens, women, and children;
(b) guide and assist members of the public, particularly senior citizen, women, children, the
poor and indigent and the physically or mentally challenged individuals, who are found in
helpless condition on the streets or other public places or otherwise need help and
protection;
(c) provide all requisite assistance to victims of crime and of road accidents, and in particular
ensure that they are given prompt medical aid, irrespective of medico-legal formalities,
and facilities their compensation and other legal claims;
(d) ensure that in all situations, especially during conflict between communities, classes,
castes and political groups, the conduct of the police is always governed by the principles

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 of impartiality and human rights norms, with special attention to protection of weaker
sections including minorities;
(e) prevent harassment of women and children in public places and public transport,
including stalking, making objectionable gestures, signs, remarks or harassment caused in
any way;
(f) render all requisite assistance to the members of the public, particularly women,
children, and the poor and indigent persons, against criminal exploitation by any person
or organised group; and
(g) arrange for legally permissible sustenance and shelter to every person in custody and
making known to all such persons provisions of legal aid schemes available from the
Government and also inform the authorities concerned in this regard.
(h) preserve, promote and protect human rights and interests of weaker sections, backward
classes, poor, weak and the downtrodden.

 Crime prevention and preservation of peace and security

This would include:

a) gast and patrolling, including nakabandi, performing picket and ambush jobs, checking
vehicles and frisking passengers
b) surveillance and checking of bad characters
c) preventive arrests
d) collection and transmission of criminal intelligence

 Crime detection work

The crime detection job profile would include:

(a) collection of information/intelligence about criminals of various types and taking notes from
the CIG. (b) Creation of mukhbirs/informers and creating contacts with the members of criminal
tribes and other segments of society so as to obtain useful information with regard to the
detection of various property and other offences like murder, dacoity, robbery etc

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  Enforcement of Social Legislation, Minor, Major and Special Acts

Performance of this role would require the police:

a) to know the significance and importance of various social legislations like Child Marriage
Restraint Act, Protection of Civil Rights Act, anti-dowry, guest-control and other social
legislations which provide a positive and adequate push to social change in a development-
oriented society like India. The role of a constable in the implementation of these acts has to be
an integral part of the job profile of the constabulary.
b) to know the significance and importance of various local, special and minor acts along with
the role of constabulary in the effective execution of the various provisions thereof.

 Collection of Intelligence

Police are required to collect intelligence about:

a) any incident of law and order
b) political activities
c) labour activities
d) student activities and agitations thereof
e) communal tensions and events f) employees' associations and strikes by them
g) criminal activities
h) miscellaneous activities and events tending to destroy peace and tranquility

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 CHAPTER 4- POWERS OF POLICE

 Power of Police to investigate:

The power of investigation by police may start:

(1) Where FIR is given under section 154 [Link].; in Lalita Kumari v. Govt. of U.P [W.P.(Crl)
No; 68/2008] [5] A Constitution Bench of the Supreme Court held that registration of First
Information Report is mandatory under Section 154 of the Code of Criminal Procedure , if the
information discloses commission of a cognizable offence and no preliminary inquiry is
permissible in such a situation. If the information received does not disclose a cognizable offence
but indicates the necessity for an inquiry, a preliminary inquiry may be conducted only to
ascertain whether cognizable offence is disclosed or not. The Supreme Court issued the certain
Guidelines regarding the registration of FIR. Or

(2) Where the police officer has otherwise reason to suspect the commission of a cognizable
offence U/Sec. 156(1) & 157(1) of [Link].; or

(3) Where a competent Magistrate orders the police U/Sec. 156(3) [Link]. without taking
cognizance of the offence on a complaint U/Sec. 200 [Link].

(4) After taking cognizance of the offence on a complaint for the purpose of deciding as to the
issue of process against the accused U/Sec. 202(1) & 203 [Link].

 Power to investigate in cases of non-cognizable offences;

U/Sec.155 (2) [Link]. A Magistrate under certain circumstances can also order a Police officer in
charge of Police station to investigate a cognizable or even non-cognizable case. Where a
Magistrate U/Sec.155(2) [Link]. gives an order to a Police Officer to investigate a non-cognizable
offence, the police officer receiving such order may exercise the same powers in respect of the
investigation except the power to arrest without warrant which he does in a cognizable offence.

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 Procedure to investigate in case of a cognizable offence; S.156 [Link].
In case of a cognizable offence, the investigation is initiated by giving of information u/s 154
[Link]. to a police officer in charge of a police station. Police officer’s power to investigate in a
cognizable offence is given u/s 156 [Link] . Any Police officer without the order of a Magistrate
can investigate any cognizable offence. According to section 156(3) [Link], any Magistrate is
empowered u/s 190 [Link]. can order a police officer in charge of a police station to investigate
any cognizable offence. Section 190 empowers any Magistrate to take cognizance upon
receiving any complaint or upon police report (challan) or upon information received from any
person other than police officer who is having knowledge that such offence is committed. In case
of Tula Ram Vs. Kishore Singh [6] a Magistrate can order investigation under section 156(3)
[Link]. only at the pre-cognizance stage.

 Procedure for investigation; U/Sec.157 [Link].

If a reasonable suspecting of the commission of cognizable offence exist, the Police officer shall
forthwith send the copy of report to the Magistrate who is empowered to take cognizance of such
offence upon a Police Report. Herein the basis for suspecting may be FIR received u/s 154
[Link]. or any other information of the Police. Provided further that in relation to an offence of
rape, the recording of statement of the victim shall be conducted at the residence of the victim or
in the place of her choice and as far as practicable by a woman police officer in the presence of
her parents or guardian or near relatives or social worker of the locality. [7] It was held in case of
State of Maharashtra Vs. Sarangdharsingh shivdassingh chavan that “Even without any FIR if a
police officer in charge of a police station has reason to suspect the commission of cognizable
offence, he can proceed to investigate the offence u/s 157(1) [Link].”

 Power of Police to require attendance of witness; U/Sec.160 [Link].

As per section 160 [Link] police officer may by order in writing require attendance of witnesses.
Provided that no male person under the age of 15 years or above 65 years or a woman or a
mentally or physically disabled shall be required to attend at any place other than the place in
which such person abovementioned resides.

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  Examination of witnesses by Police; U/Sec. 161 [Link].
As per section 161 [Link] statements are taken from the person who are acquainted with the facts
and circumstances of the case and are reduced into writing. Provided that statement made under
this sub-section may also be recorded by audio-video electronic means. [9] By the Criminal law
(amendment) act 2013, it was stated that the statement of a woman against whom an offence u/s
354, 354A, 354B, 354C, 354D or 376, 376A, 376B, 376C, 376D, 376E or section 509 of IPC is
alleged to have been committed or attempted shall be recorded by a woman police officer.

 Other powers of police under [Link].:

(1) Medical examination of the victim of rape; U/sec. 164A [Link]
(2) Search by police officer; U/sec. 165 [Link].
(3) Police seeks police custody u/s 167 [Link]. when investigation is not completed within 24
Hrs. Police custody is given maximum up to 15 days. This is called as Police custody.
(4) The Magistrate may authorize the detention of the accused person otherwise than in the
custody of Police beyond the period of 15 days, if he is satisfied that adequate grounds exist
but the detention should not exceed 90 days where the investigation relates to an offence
punishable with death, life imprisonment, or 10 years imprisonment and detention should
also not exceed 60 days in case of other offences.
(5) On the expiry of said period of 90 days or 60 days the accused shall be released on bail if
he is prepared to and does furnish bail. Provided further that in case of a woman under
eighteen years of age, the detention shall be authorised to be in the custody of a remand home
or recognized social institution.

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 CHAPTER 5- PROBLEMS AND NEEDS TO REFORM OF THE POLICE
IN INDIA

Police are the important structure and a large embodiment of the Indian government to
execute the rules and orders. But this police force faces many problems in India which are
follows:-
An overburdened police force:

State police forces had 24% vacancies (about 5.5 lakh vacancies) in January 2016. Hence, while
the sanctioned police strength was 181 police per lakh persons in 2016, the actual strength was
137 police. Note that the United Nations recommended standard is 222 police per lakh persons.
86% of the state police comprises of constabulary. Constables are typically promoted once
during their service, and normally retire as head constables. This could weaken their incentive to
perform well. Crime per lakh population has increased by 28% over the last decade (2005-
2015). However, convictions have been low. In 2015, convictions were secured in 47% of the
cases registered under the Indian Penal Code, 1860. The Law Commission has observed that one
of the reasons behind this is the poor quality of investigations.
State police forces had 24% vacancies (about 5.5 lakh vacancies) in January 2016. Hence, while
the sanctioned police strength was 181 police per lakh persons in 2016, the actual strength was
137 police.

o This is way too low when compared with the United Nations’ recommended standard
of 222 police per lakh persons.

o Further, an average policeman ends up having an enormous workload and long

working hours, which negatively affects his efficiency and performance.

Need to improve Police infrastructure:

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CAG audits have found shortages in weaponry with state police forces. For example, Rajasthan
and West Bengal had shortages of 75% and 71% respectively in required weaponry with the state
police. The Bureau of Police Research and Development has also noted a 30.5% deficiency in
stock of required vehicles (2,35,339 vehicles) with the state forces. However, funds dedicated
for modernisation of infrastructure are typically not utilised fully. For example, in 2015-16, only
14% of such funds were used by the states. Recruitment of ample lady police staffs to deal with
sexual offences against women in India. Installation of CCTV in the all the sensitive areas of
city.

Lack of Resources

CAG audits have found shortages in weaponry with state police forces. For example, Rajasthan
and West Bengal had shortages of 75% and 71% respectively in required weaponry with the state
police.
o Also, the Bureau of Police Research and Development has also noted a 30.5%
deficiency in stock of required vehicles with the state forces.

o Further, funds dedicated to the modernisation of infrastructure are typically not utilised

fully. For example, in 2015-16, only 14% of such funds were used by the states.

Lacking in Crime Investigation:

A core function of the state police forces and some central police agencies like the CBI is crime
investigation. Once a crime occurs, police officers are required to record the complaint, secure
the evidence, identify the culprit, frame the charges against him, and assist with his prosecution
in court so that a conviction may be secured. In India, crime rate has increased by 28% over the
last decade, and the nature of crimes is also becoming more complex (e.g., with emergence of
various kinds of cybercrimes and economic fraud). [19] Conviction rates (convictions secured
per 100 cases) however have been fairly low. In 2015, the conviction rate for crimes recorded
under the Indian Penal Code, 1860 was 47%.[20] The Law Commission has observed that one of
the reasons behind this is the poor quality of investigations. Police mostly failed to investigate,

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prosecute the crime and find out the truth of the crime, because they are dependent on the version
of story narrated by the complainant, while on the other side there is a blank shot on the version
of accused. Sometime the accused is actual offender, but the theory derived by the investigation
officer is different from the actual, which is proved to be weak to prosecute the accused who is
actual offender and resultantly the acquittal of the actual offender. To prosecute any case, it is
settled law that burden of proof lies on the prosecution to prove their case beyond reasonable
doubt.

Need to hold Police accountable:

Police has the power to investigate crimes, enforce laws and maintain law and order in a state.
To ensure that such power is only used for legitimate purposes, various countries have adopted
safeguards such as making police accountable to the political executive and creating independent
oversight authorities. In India, the political executive (i.e., ministers) has the power of
superintendence and control over the police forces to ensure their accountability. However, the
Second Administrative Reforms Commission has noted that this power has been misused, and
ministers have used police forces for personal and political reasons. Hence, experts have
recommended that the scope of the political executive’s power must be limited under law. Under
section 197 of Code of Criminal Procedure (CrPC), prior sanction from a competent officer is
needed to prosecute a government servant for alleged criminal act done in discharge of his
official duty and "no court shall take cognizance of such offence except with the previous
sanction". Therefore, investigating officer has immunity from prosecute further in case of
discrepancies in investigation.
In India, various kinds of complaints are made against the police including complaints of
unwarranted arrests, unlawful searches, torture and custodial rapes.

o To check against such abuse of power, various safeguards should be adopted, such as
accountability of the police to the political executive, internal accountability to senior
police officers, and independent police oversight authorities.

Political Criminalisation Nexus:

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Second Administrative Reforms Commission (2007) has noted that the excessive power in the
hands of police has been abused in the past by the political executive to unduly influence police
personnel, and have them serve personal or political interests.

o Further, there has been an increasing phenomenon of criminalisation of politics.

o This nexus interferes with professional decision-making by the police (e.g., regarding
how to respond to law and order situations or how to conduct investigations), resulting in
a biased performance of duties.

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 CHAPTER 6- CONCLUSION

Police and their functions are very important in criminal justice system. Because it is the
principal duty of the police to arrest criminals and conduct them until the conclusion of trial for
preventing crime. Police are legally authorized to use force and other means of coercion to
execute public and social order. The basic knowledge of crime and criminology is must for the
police and that’s why almost in every country of the world has a criminology division for police.
And police are manually trained for the knowledge of criminology. It is true that an honest,
sincere and effective police force can ensure a happy and peaceful society. Although it is not
possible for the police to reduce crime from society completely but it can be controlled and
retained in a satisfactory stage. Otherwise, trick, corrupted, unlettered and disingenuous police
force can give facilities to the criminals and make the life of the general citizens miserable. The
structure of Indian police within which they are working was established by the British rulers.
After the establishment of India, we got a readymade police force and government kept same the
previous structure of police. To reform the police structure, the government of India has taken
different initiatives several times but no implementation has done for establishing a professional
police force in the country. The whole machinery of the government is well aware of the
corruption, illegal arrest, torture, manipulation and other malpractice of police. Despite that they
are functioning with these deviated police force. The activities of police are negatively practiced
against the opposition party citizens but when they come in the power, they defend the same
police force and use them for narrow party purpose. So lastly it may be said that government,
local authorities, voluntary organizations, individual citizens and the police all can play an
important role to establish a civil society where there will be no crime and common people will
not fall in cruel torture.
The concept of Criminal Justice System is related with the concept of crime and norms of the
society to control the criminal activities. It is as old as the manking in itself. The methods to
control the crime have been devised by the society from time to time as per the perception of the
crime. The agenda for the Criminal Justice System is reflected in the socio-economic and moral

24
values of the society, which in the due course of time, takes the shape of legal norms to become
the binding force for the society. The methods to control the crime have always depended on the
perception of the crime in the society, social sanctions, vigour and force of the State. The Indian
Criminal Justice System has traveled through Hindu period, Muslim period and finally the
present shape to the systm has been given in the British period. Justice during the Hindu period
and Muslim period was swift and within the reach of common people. In the post-independence
period law has have been amended from time to time to make the criminal justice apparatus swift
and more effective. The Criminal Justice System including the police apparatus in a way is the
reflection of the existing social set-up. The legal norms are got executed through the apparatus of
the criminal system, which in any civilized society has be to fair, firm, impartial and effective.

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 BIBLIOGRAPHY

 Article titled “Police Most Corrupt of all Govt. Departments in Maharashtra”

published in [Link] on 13.05.2014.

 Article published in Times of India online in

[Link] on 02.12.2019. 17. Kalpana kutty vs.
State of Maharashtra.

 Bureau of Police Research and Development; PRS published in [Link]

19. “Crime in India”, National Crime Records Bureau, 2006-15.

 “Report No. 239: Expeditious Investigation and Trial of Criminal Cases

Against Influential Public Personalities”, Law Commission of India, March
2012, [Link]

 Police reforms in India;PRS 22. The Criminal Procedure Code, 1973. 23.
National Crime Records Bureau; PRS

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