Chapter XVII

The Criminal Law Courts

h e ndian Criminal Justice system has a long and glorious history of functional
accomplishments and admirable social purpose. It has acquired a solid
respectable structural frame with established laws and recognised court
trial and justice practices of
through the institutions of bar and the bench. It is well known that
an independent judiciary, free from interference of the executive or
Organs of the Government is an legislative
essential prerequisite of a
democracy which is
wedded to rule of law and public welfare. Independence, however, does not allow
the Judges to act in an
with the settled
arbitrary manner, but they are to interpret laws in accordance
principles of Taw and the dictates of their own conscience.
It hardly needs to be
emphasised.that an efficient, impartial, speedy and
equitable criminal justice system is sine qua nõh'
only be efficient and strict but should also for any civil society. It should not
of its ultimate objectives. Commenting onaim atrole reformation of the offender as one
courts in the of Judges) of the criminal law
assuring the people on impartial, equitable and
Malimath Committee for speedy justice, Justice V.S.
Reforms in Criminal Justice System observed :
"The Judge has wide discretion in
awarding the sentence within the
statutory limits. There is now no guidance
to selecting the most appropriate to the Judge, in regard
sentence in the given
circumstances of the case. Each
Judge exercises discretion
according to his own
judgment and,
uniformity. Some Judges therefore, there is no
are lenient and
discretion is not good even Judges
some are harsh.
Exercise of unguided
that exercises the discretion. In if it is the Judge
sentencing option is given in some countries, guidance
the Penal Code and regardinng
guideline laws. There is need for such sentencing
minimise uncertainty in law in our country to
accused person."l s
the matter of awarding sentence to the
A variety of courts function.under the
among them are the judicial system of a country. The main
civil_ courts, the courts for
courts.he task of administering criminal justice iscriminal trials and the revenue
courts comprising the Magistracy and the performed by the _criminal law
Court
Supreme Court have.only. appellate. jurisdiction of Session. The High Court and the
generally engaged in dispensing abstract and in criminal cases. These courts
even-handed are
principles set forth in an absolute law It justice in terms or
impart justice within the limits of the law therefore, follows that the courts
so as to must
maintain uniformity and
1. Justice Malimath Commitee
(2004). Report on Reforms in Criminal Justice
2. Sharma P. D.: Police
System, para 1441
and Criminal Justice
Administration in India (1985) p. 116.
464
 The Criminal Law Courts 465

impartiality in the determination of guilt and punishment of the accuscd. Itcannot.

however,be denied that despite these.legal limits prescribed by the law, certain
degree of personal discretion of the judicial authorities docs play a significant part
their decision as to the guilt of the accused and the sentence awarded
in intluencing
offence may vary, of course,
to him. Thus, the sentence passed for a particular
within the prescribed legal limits, from Judge to Judge depending on his personal
(oerceptions. belief, faith, temperament, attitude mind,of likes
of and dislikes and own
the offence and award the
Tife experiencesOne Judge might take aoffence serious view
while the other might take a lenient
*

for that
maximum sentence prescribed that offence.
and award the minimum sentence prescribed for
view of the matter forms a definite opinion about the
What actually happens is that the presiding Judge and finally delivers his
the accused during the course of trial
guilt or innocence of statement of his personal opinion expressed
within
judgment which is nothing but a and socio-cultural
of legal provisions. That apart, the public opinion
the iramework to a certain extent which eventually
find
considerations also influence the legal thinking
pronouncements.
expression through judicial
Adversarial and Inquisitorial Systems
criminal justice is composed
of various components
The administration of correctional institutions. In
prosecution, defence, courts and
such as the police, innocent until proven guilty.
This is called
countries, a person is
India, unlike many
as opposed to an inquisitorial
system. The adversary system
an adversarial system between the two
to have a, 'contest
that the best way to get the truth is
the defence. In contrast, in
presumes an
the State or the prosecution and
sides, namely, is supposed to prove his/her
the accused is presumed guilty and
inquisitorial system, the guilt by ordeal or
method involved ascertaining
innocence. Historically, this
India is based on the
battle. The criminal law and procedure in
through trial by suited to the changing needs of
the Indian
law of crime which is no longer
English amendments have been made in the
and its traditions. Although a number of
society to make them responsive
to the recent
Indian laws of crime and procedure at a
of the Indian society is changing
socio-economic changes but the complexion
of social control.
quicker pace than the new forms
Court's Role in Dispensation of Criminal Justice
in the Penal Code
It is significant to note that while many of the offences the
flux of change.
have emerged in
have lost their import, several new offences are relatively a new phenomenon of
Organised crimes and white collar criminality
an alarming pace. These crimes have
modern societies which are multiplying at
of modern Indian society which
become dominant feature of a powerful section
either aids or abets the criminal activity or engages in it directly. Today, a big
clever advocacy and tell-tab, medical
smuggler, tax-evader, black-marketeer through while a poor man rots
certificate, gets. away with his crime with no imprisonment,
1. See Mr. Justice Krishna lyer and Mr. Justice A. P. Sen in
judgment of Rajendra Prasad's
case, A.I.R. 1979 S.C. 916, See also
Naz Foundation case decided by Supreme Court on
December 11, 2013 in which the Delhi High Court's verdict of legal homosexuality (July
2009) was set aside and homosexuality is re-criminalised as an offence under Section 3/

IPC.
Various decisions of the Court on death penalty bear testimony to this fact. The
Z. Supreme
new trend of "public interest litigation' also supports this contention.
 466 Criminology and Penology

in a prison cell because he has no tongue to explain his innocence. Thus, it would
appear that administration of criminal justice is cumbersome, expensive and
traeim

cumulatively disastrous, The poor can never reach the temple of justice because of
heayy cost of its access. The hierarchy of courts, with appeals after appeals puts
legal justice beyond reach of the poor.
The purpose of criminal trial by courd is to dispense fair and impartial justice
uninfluenced by
by extraneous considerations. If it appears to the court that
dispensation of criminal justice is_not possible impartially and objectively and
without any bias, the court may transfer the case to another cout where it finds that
holding of fair and proper trial is conducive. The convenience of the parties
including the witnesses to be produced at the trial is also relevant in disposing of a
transfer petition in the interst of justice.
The foregoing account of the criminal justice system makes it clear that the
role of còurt as an agency of justice and criminallaw. administration is far more
vital and significant than that of the police or the prison. The prime function of,the
have to discharge this
court is to impart fair and impartial justice. The Judges in juicial
arduous task with utmost care and caution so that public confidence
must be aware that his verdict in the
process is not shattered. The presiding Judge
the accused about justice or
case is going to make a lasting impression upon
or conviction. His future
injustice depending on his rightful or wrongful acquittalto a
reformation or continuance of a life of crime depends large extent upon his
cOurt experiences.
have of courts for dispensation of
regular hierarchy
Most countries today a
criminal law courts operating in U.K.;
criminal justice. A brief account of the
in criminal cases would
United States of America and India for imparting justice
serve a useful purpose in appreciating
the role of courts as an agency of justice.
 Chapter XVII

The Police System

nsuring safety of the society is the primary duty of the State.
There may be tuo
Usources of threat to the
society-external
external threat, the State maintains the
and internal. To
guard
and the Navy etc. and to Army with its allied wings like theagainst the
guards against the internal force it has its Air Forea
the State Police Force. The Para-military
ultimate objective of these forces is to and
law which is an maintain Rule of
indispensable attribute of a democratic State.
Police
functionery of criminal justice system, has to play
as a
maintenance of peace
jurisdiction. Its primary and.enforcement of law and order withina.crucial role in
its territorial
duty is
protect them against violence, safeguard
to the lives and
property of the people and
prevention certainly intimidation, oppression and disorder Crime
involyes the services of certain
(detect andinvestigate crimes and apprehend criminals
(law-enforcement agencies to
Usdally the transgressions of law are brought to the for prosecution in law courts.
prepares the grounds for future criminal attention of the police
investigation. Therefore, the 'charges
which
accused having been
Court records the framed, his trial begins in the appropriate criminal against
evidence ánd decides whether the coupt. The
proved or not. In case the charges against the accused are
guilt proved, the accused is convicted
is
sent to prison or some
correctional institution to by the Court and
a number of functional undergo a term of
sentence. Thus,
agencies, notably,
after-care institutions, are involved in the police, the courts and
the prisons or
the administration of
these may be added the criminal justice. To
institutions of probation and
about reformation of
offenders particularly, the parole which seek to bring
Before entering into a detailed young and juvenile delinquents.
discussion about
law-enforcing agencies, it must be stated that all the functioning of each of these
criminal trials do not
involve the services of all of necessarily
these agencies. In several
discharged by the police after cases the offender is
preliminary investigation while in
against
of the
the accused is
dropped by the court at some stage or he others,
is
prosecution
finally acquitted
charge. Again, even after conviction many offenders
probation and are not required to be sent to are released on
Those who are sent to prison
correctional institution.
or a
prison may also be granted parole. It is thus evident that
police has to play a dominant role in the
administration of criminal justice.
Origin of Police
The police is
primarily concerned with the
security of person and property of individuals. Ofmaintenance of law and order and
late, police duties have increased
enormously and are becoming more and more diversified. The modern police must
protect he public against physical dangers, rescue
lives, regulate traftic a
1.
Raghavan
P. 9.
R.K. Policing in Democracy: A Comparative Study in India & he U.S. (1993)
:

( 416)
 The Police System
417
preserve law and order in the streets and
public places. It also has a
with regard prevention ot juvenile delinquency and atrocities definite duty
to the
children and weaker sections of the society. against womep,
Any discussion on police' will remain
incomplete without a word about the
historical origin and evolution of this institution.
used in a wider sense to Originally, the word 'police' was
connote the
management of internal economy and the
enforcement of government regulations in a particular country. With the passage of
time. the term 'police began to be used in a much narrower sense to connote an
agency of the State to maintain law and order and enforce the regulations of the
criminal procedure law.
The word 'police' is derived from the Greek word
politeia or its Latin
equivalent politia. The term politia stands for the 'State' or "administration'. In the
present context, the term 'police' connotes a body of civil servants whose primary
duties are preservation of order, prevention and detection of crimes and enforcement
of law. As pointed out by Ernest Fround, police functions
generally relate to
promoting public welfare by restraining and regulating the use of property and
liberty of persons.
Police force has always been an indispensible appendage of State organisation
in almost all the civil societies of the world. Only the persons of proven ability and
those having thorough knowledge of local region and its people were recruited in
the police force so that they could tackle the problem of law enforcement
efficiently. However, with the progress of civilization and development of
knowledge, the dimensions of police functions have extended beyond limits. Now it
has assumed the role of a social service organisation in the modern welfare states
and has no longer remained a mere watch-dog agency.

Development of Police Organisation

The beginning of civil protection against crime and disorder in England came
with the promulgation of the Edict West Minster in 1285 by King Edward I. Under
the system, local groups of property owners numbering about a hundred each were
responsible for maintenance of peace in their district. This system prevailed in Great
Britain for centuries. However, the industrial revolution of the eighteenth century
witnessed a considerable increase in crimes of violence in England. Therefore, a
police force of 126 constables was set up by the Middlsex Justice Act, to arrest the
growing incidence of crime and disorder.
Thereafter, a regular system of constabulary was, established in England by
the Act of the British Parliament passed in 1787 for the maintenance of peace and
enforcement of law
tranquillity in Ireland. These constables were responsible for
and order in boroughs and towns. With the advance of time, the complexities of life
urbanisation. Consequently, the
multiplied due to the impact of industrialisation and
for the maintenance of law
existing strength of the constabulary proved inadequate
and order. Therefore, Sir Robert Peel, the then Home Secretary of England pleaded
for a change in the existing system of constabulary. This led to the passing of
for a separate police force for
Metropolitan Police Act, 1829, which provided
Similar police force was introduced throughout the
Metropolitan city of London.
United Kingdom in subsequent years. The constables working in the police were

1. Ernest Fround The Police, Policy And Constitutional Rights, p. 6.

 The Polilce System 431
6. to investigate, detect and activate the
prosecution of offences;
7. to facilitate movements
8.
on
highways and curb public disorde;
to deal with
major and minor crises and
by holding public grievance
help those who are in distress
redressal meetings periodically every
month.

The Role of Police

Robert Reiner rightly remarked that
policing is an inherently conflict ridden
enterprise. Therefore, the police has a professional responsibility demanding from
them the highest standards of conduct,
particularly those of honesty, impartiality
and integrity. It is rather unfortunate that the
looked with fear, suspicion and distrust
police in modern Indian society is
by the people. This public apathy towards
the police demoralises them te such an extent that
policemen lose self-confidence
and are hesitant in taking firm step to prevent violations of law becáuse of the
apprehension of public criticism.
Yet another potential cause which shatters public confidence in police is the
increasing interference of politicians in the working of the police. Once the politics
enters this department, it paralyses the police arm for the enforcement of the law,
thus putting merit to near incompetency and dishonesty to the front.' The political
pressure and compromises by the police officials are bound to make them corrupt,
dishonest and inefficient. At the same time, it shall make the fearless administration
of law and justice an impossibility. Thus, the impediments on the police due to
political pressure or other like influences make it difficult for the policemen to
perform their duties honestly. It is no exaggeration that the present deterioration in
law and order situation in India is primarily due to these forces which have
demoralised the Indian police. Instances are not wanting when serious violations of
law have occurred right under the nose of the police and the latter have prefered a
role of silent spectator rather than initiating action because of the fear of public
criticism. In a zeal of criticising the police, people generally overlook the gravity
of situation and seriousness of the offender's crime and blame the police squarely
for inaction or atrocities. The police therefore, feels hesitant in initiating stern action
against the law-breakers.
The development of modern techniques has thrown new challenges before the
law-breakers more successful
police force. Modern scientific devices have made the conversant with
and difficult to catch. The police should therefore, be thoroughly
the new techniques of crime-control. The use of computer system and augmentation
of the existing communication system would serve a useful purpose for boosting up

the police efficiency.

to the fact that quite a large number
Public apathy towards police is also due of the accused due to some or
into acquittal
of cases prosecuted by the police result
and Keepers of Peace (2nd Ed. 1969) p. 15.
1. Ghosh S.K. : Law-breakers
station (thana) was set on fire at Balaghat in Madhya Pradesh
2. To cite an example, the police and two police
on 20th February,
1975 by the furious mob in which one Sub-lnspector
and the Ihana was reduced to ashes. The Superintendent of
constables were burnt alive
the rowdy mob. Protesting against suicide by a student, the
Police was man-handled by burns in Savai
a police van resulting in death of SHO due to
student's mob set fire on
on 18th March, 2011, other 15 policemen were also injured
Madhopur district of Rajasthan
in the incident.
 Criminology and Penology
432
technical flaws, defect or omission on the
the part of
the other procedural or the
or offender. This is
officials in dealing with the suspect evident rom the
police
the police in law
number of damage-suits pending against courts. at large
apart, certain
Criminal Procedure, 1973 make it difficult
provisions of the Code of for the police
to prosecute the offender. Thus, Section 100 (4) of the Code requires that
should enter the premises for the purpose of search and seizure the police
ccompanied
atleast two respectable inhabitants of the locality. More often than not. i by
forthe police to procure such witnesses who are willing to co-operate in this work.
This obviously adversely affects the process of seizure or search.
Unfortunately, the relationship between the police and magistracy
ir
lacks mutual trust and confidence. In quite a large number of cases police evideence
isnot considered sufficient and honesty of the police is doubted by the
officers. Needless to say that there is a need for these two agencies aeICial
justice to work in close harmony and trust for each other. The magistraeu
take notice of the fact that police generally have a better knowledge of the
his mode of living, habits, character and antecedents which enables them tod,
proper conclusions relating to his guilt, which are not always Susceptible of beine
reduced to absolute legal proof. This is possible when the Magistrate begins the tria
of the case with the assumption that the police have done their job honestly and
have used legitimate method in investigating the case.

Police cases mostly fail because of the lack of public support and
co-operation. People in general are reluctant to come forward as witness and assist
the police in apprehending criminals. This indirectly helps the offenders to escape
detection or conviction. The members of society do not realise that it is their social
as well as moral obligation to help the police in suppression of crimes. There is no
point in blaming the police without extending them adequate help and support for
enforcing the law and protecting the life and property of the people.
In brief, the present day Indian police system confronts a hostile people, angry
legislators, questioning judges and hysterical victims. It is, however, submitted that
mere hostility or ruthless criticism of police cannot improve police efficiency. The
major problem for the modern police in India therefore, is to inspire the public to
appreciate the police values. The general impression that the policemen are
inefficient, brutal, corrupt and lawless' should be brushed aside and they should be
encouraged to discharge their duties honestly, sincerely and faithfully so as to
promote welfare of the community.
Expressing his views on the functioning of the police in India the noted jurst
Nani Palkhiwala oßserved, "a professional and honourable police force is valuabic
in every society but it is invaluable in a society like ours which is marked by tnrer

characteristics of divisiveness,
indiscipline and non-co-operation.
14

It be
may stated that despite the cherished socio-economic and political humu
values of liberalism and civil liberties enshrined in the Preamble to the Constiulro
person to
.See also Section 162 Cr. P.C. which bans the use of any statement made y
police officer in the course of investigation at any inquiry or trial in resp any
offence under investigation at
2. Sharma P.D. : Police and
the time when such statement was mau
Criminal Justice Administration in India (6 80.
3. TaftDonald Criminology (4th Ed.) p. 318.
4. Nani Palkhiwala's observations in MISCELLANY dated 8th September, 196.
 446 NA TiONA PoLicE
Cniminology ahd Penoldgy cOmissio0
measures of reforms in the working of police, the Government of India
National Police Commission on 15th November, 1977 under the
appointed a
Mr. Dharmavir. It consisted of members, namely, Messers N. K.
Chairmanship of
Reddy, K. F
Rustumji, N. S. Saksena, M. S. Gore and C. V., Narsimhan as member-Secretary
The Commission submitted cight Reports in all, the last being in
terms of referencce of the Commission were
May 1981, The
T o redefine the role.of police and review its powers and
in the changed context as a machinery for responsibilities
prevention of crime.
maintaining public order and
2. To review the workingof the police and suggest
concrete measures for
training and development programmes for
police personnel.
3 To suggest remedial measures ror
and prosecution of cases.
eliminating delays in investigation
4. To review the system of policing in non-rural
areas.
5. To examine the scope of utilization
of scientific devices in police work.
6. To explore the areas of
greater police-public participation.
The National Police Commission, in one of its report recommended the
up of a Central Police Committee and Security Commission in Statessetting
and
replacement of the outdated Police Açt of 1861 by the New Police Act the Draft of
which is prepared by the Commission.
The Eighth report of the Police Commission was
Ist April, 1983 by the Ministry of Home
tabled in the Lok Sabha on
Affairs.
The Central Police Committee was to advise the Government
and the State
Security Commissions on matters relating to police organisation and police
of a general nature. reforms
The National Police Commission, in its
observations regarding the limits of police
Report of 1980 recorded its
powers of arrest and search and held that
false cases are sometimes enquired
merely for the sake of making arrests to
humiliate and embarrass some specified enemies of the complainant in league with
police for corrupt reasons.' Section 41 of the Code of Criminal Procedure lays down
various categories of persons whom
any police officer may arrest without warrant
or an order
from Magistrate. The Commission wanted that this power should not be
misused by the police.
In State of U.P. v.
Niyama? the Supreme Court of India acknowledged the
right of private defence of the accused against illegal
"indiscriminate arrests by police not police arrest and observed,
cause
only sustain its anti-people image but also
unnecessary drain on Exchequer for such detention."
When the recommendations of the
National Police Commission were not
implemented, a writ petition (c) No 310 was filed in 1996 which has been decided
by the Supreme Court on September 22, 2006. It had been
averred in the
human rights of the citizens is generallypetition
that the violation of fundamental and
nature of
non-enforcement and discretionary in the
police officials who indulge in blatant violationsapplicationof
the laws so_that those
of laws in the form of unauthorised
1. Cr. L.. March
1990, (Journal Section) Vol. 96 p. 28.
2. A.L.R. 1987 S.C. 1652.
3. Prakash Singh & olhers v. Union
of India, (2006) 8 S.C.C. 1.
 The Police System 447

detentions,
ure harassment, de fabrication of evidence etc. are not held accountable.
Phe two petitioners who were relired police officers of the IPS had alleged that the
n t distortions and aberrations in the functioning of the police were due to
pres
Police Act of 1861 on which the entire structure and organisation was based and
ahich has become obsolete and outdated in the present changed socio-economic and
conditions of India
political
The petitioners contended that besides the report submitted to the Government
of India by the National Police Commission (1977-81), various other high-powered
Committees and Commissions have also examined the issue of police reforms víz,
d)National Human Rights Commission;' (2) Law Commission of India;? (3
Ribeiro Committee (1998) 4)Padmanabhaiah Committee (2000); and (5)
Malimath Committee on Reforms of Criminal Justice System (2003).
That apart, the Government of India constituted a Committee on 20th
September, 2005 comprising Shri Soli Sorabjee, former Attorney-General and five
other members to draft a new Police Act in view of the changing role of the police
to face the new challenges of the present time. This Committee prepared a draft
Police Bill (Act) submitted to the Central Government
which was
outline for a new

on 6th November,
2006. But 'police' being a State subject, the Central Government
sent it to all the States for their comments and there being no favourable response
never to become an Act.
from the States, the Bill was eventually dropped
Committees indicate
However, the findings of the aforesaid Commissions and
to have
a generalconvergence of views on the need

(a) State Security Commission at State level;

of Police Chief and desirability
(6) transparent procedure for appointment
of giving him a minimum fixed tenure;
work from law and order;
c)separation of investigation
Police Act reflecting the democratic aspirations of the people;
(d) a new

and Director
under the charge of a
(e) aState Bureau of Criminal Investigation
General of Police.
who shall report to the Director
that the Police
aforesaid petition expressed hope
The Supreme Court in the Governments would
under the Constitution of India, the State
being a State subject be enacted on the
Model Police Bill which would
give due consideration to the is how long the
as recommended by the Sorabjee
Committee. But the question
nes for police retorms.
the Governments to take suitable steps
Ourt should wait for laid down certain directions in
view of the urgent need
ne Apex Court therefore, of the rule of law, pendency
of cases for the lst
0 preservation and strengthening to when police reforms
would be actually
introduced
as read with
E n years, uncertainty The Apex Court
noted that Article 32
interest. in the interest
h e larger public it to issue such directions
directions as mandated by
Constitution empowers
Cle 142 of the bound to follow these
ULICeand all authorities
are
decision in Vineet Narayan
Referring to its earlier
Cle 144 of the Constitution. and directions by
observed that the issue of guidelines
OJ India," the Court
Report dated 31st May, 2005.
1. Human Righis Commission
National Indla.
Commission of
154th Report of Law
3.
(1998) 1 S.C.C. 226.
 448 Criminology and Ponology

the Court was justified in the abscnce of appropriate legislation

Central or the State Government in regard to police reforms. passed by the
The Supreme Court cmphasised that these directions shall be
binding on the
Central Government, State Governments or Union Territories, as the case may
and shal come into force on or before 31st December, 2006 so that the bodies be,
afore-noted become operational on the onset of the new year 2007. The Cabinet
Secretary, Government of India and the Chief Secretaries of State Governments/UTs
are directed to file affidavits of compliance by 3rd January, 2007.
Before parting with the judgment, the Apex Court made further suggestion
that monitoring of the aforesaid directions will be considered on filing of
compliance affidavits whereupon the matter shall be listed before the Court

Justice Verma Committee (December 2012)

The Government of India on 23rd Dec., 2012, set up a three-member
Committee headed by Justice J.S. Verma, former Chief Justice of India, to suggest
reforms in law relating to sexual violence against women. The Committee, apar
from giving recommendations regarding new provisions for punishing various forms
of sexual violence against women, also went into the question of police reforms.
The Committee recommended the setting up of State Security Commissions to
ensure that the State Police is not unduly influenced by the State Government
officials. The Committee has also suggested the setting up of a Police Establishment
Board in every State to decide all transfers, postings and promotions of police
officials. It proposed that the Director General of Police and Inspector General of
Police should have a minimum tenure of two years at a place as their frequent
transfers has an adverse effect on smooth police working. The two other members
of the Committee were Justice Leila Seth and Gopal Subramaniam, the Solicitor
General. The Committee submitted its report in record time of one month on 23rd
January, 2013.

Police Custodial Torture (Human Rights Violation)

Custodial torture has become a common phenomenon and a routine
police
practice of interrogation these days. It causes momentary public uproar but once the
incident fades away from the public everything is forgotten. The magnitude of
police custodial torture in India is evinced by the Report of Amnesty International
(1992) which says that 415 persons died in the custody of police and security forces
due to torture during 1985-91. The Government itself admitted in Rajya Sabha that
46 persons died in
police custody due to torture within three months i.e. January to
March 1993 in Delhi alone. These
figures point at the alarming dimensions of
problem. As per the crime statistics of the year 2014 published by NCRB, the
9
Custodial deaths were
reported, 54 cases were 47 registered,
werr
policemen
charge-sheeted but convicted during that year.
none was

Reasons of Deaths in Police

Custody
A total of 27 out of 93
deaths in police custody were due to suiciu
1. Prakush Singh ant others v. Union of India and others, (2006) 8 S.C.C. 1 (Paras 1o
34).
2. Custodial Torture In Law & Practice With Reference I. 36
No. 2 (1994) April-June 1994. to India by R.S. Saini, JILI vo
 The Police System 455

deprecating custodial torture by the

OCcur in various forms and police, once again, denounced police Diu
referred to most significant judgments
follows
bdul Gafar Khan v. Vasant
Raghu State of. Raghunath Dhoble, (2003) 7 S.C.C. 74
State of O Haryana, (A.I.R. 1980 S.C. 1087): Nilabati Behra v.
141; Jogender
3) 2 S.c.c. 746;
Rudal Shah v. State of
State of U.P., Bihar, (1983) 4 S.C..
West Bengal, (19 (1994) 4 S.C.C. 260; D.K. Basu v. State
(2016) 15 S.c.C. 52 CC. 416: Anita Thakur v. State of Jammu and of
The Apex Court
Kashmi
encounter killings, police ga that police atrocities, custodial deaths, fake
etc. needs be strongly
to with errant policemen against victim
deprec persons
The Court noted that custodia e
interest of law and
justice.
not confined to a particular torture and abuse of police power is
country but
community because of its universal nature spread and concerns international
Rights, 1948, the crime continues unabated pious Declaration of Human
efforts for its eradication. The right to life and lid wery civilised nation makes
the Constitution provides an in-built shrined in Article 21 of
guarantee agains
functionaries. Article 20(3) and Article 22 of the Consti assault by the State
constitutional protection against illegal arrests and torture ther manifest the
all that, the
dehumanising torture, assault and death in custody raise serious
about the
credibility of rule of law and administration of criminal justice
the appeal the Court upheld the conviction of the sys nissing
I of IPC.
appellant under Sect Part
Police-Public Co-operation Conmnonity Rcdng
It is well known that erime detection is the first stage of críminal
adjudication.
Although crime detection and investigation are primarily the functions of police but
it is rather difficult for the policemen to perform these duties efficiently without
public co-operation. Therefore, the desirability for public participation in crime
detection hardly needs to be emphasised. Public participation is possible in either of
the following ways
1. Certain provisions of the Code of Criminal Procedure empower a
private individual to arrest a person who in his presence commits a
non-bailable and cognizable offence, and to hand over such arrested
person to police without unnecessary delay.'
2. The law enjoins a duty upon every person to assist a Magistrate or

police officer in preventing the escape of person whom they want to

a

arrest or to help in preventing breach of peace.

3. People are required to inform the nearest Magistrate or police officer
about the commission of an offence or about intention of a person to

commit certain offence.

4. Every officer employed in connection with the affairs of a villageor
residing in a village is under a duty to report certain offences or

.Scction 43(1) Code of Criminal Procedure, 1973.

2. Section 37.
3. Section 39.
 456 Criminology and Ponology
matters relating to
or property.'
maintenance of peace and
1o main

public co-operation
The lack of
order and
ation in safety of person
policemen to discharge their functions police work makes it
law-abiding citizens have
efficiently.
ehe offenders take it fear for police thanIt is common difficult for the
greater
and deal with them as a
experience that
routine way of actual offenders.
The
arassed and fed expediently. Knowing
up with them, the
life to come
it well into contactreason
vialence, trickery criminals that the
police are with
normal citizens, onundue hesitate to use eauallv
or even do
The influence to secure not
their
away from law courts even the other
hand, avoid contact escape from police threats
rather than at the cost
of with police and custody.
is to reporting the matter to the slight suffering or loss of prefer to keep
develop
to think that
a closer
liaison between the police for action.
The real legitimate claims
police not their enemy but a
is police and the public problem therefore,
gratifying note that this
to friend to help them by inspiring
aspect of people
through intensive propaganda and police-public relationship is in distress. It is
police and the public. The open discussions between being emphasised
the
possible by organising radio co-operation of public in crime members isof the
campaign through the mediumtalks, lectures and giving prevention also
intensive publicity to this
of press and
The National Police platform.
Commission has pointed out that
and morale of
The 'Police' as a
police is considerably weakened the internal
discipline
because of the
head and the other governmental political
organisation has to serve two masters-one interference.
to meet their departmental head.
selfish ends and therefore,Politicians often consider police as their tool
political
ways. The subordinates on theiroblige police personnel by rewarding them
in various
ambivalent strategy. The part sense the game and adopt an
superior-subordinate equally
relationship in police organisation
guided by the principle, "lick the above and kick the is
In a democratic set below".
up the role of police is to
civil rights. They
are to be protect individual liberties and
charged with the preservation of public order and
tranquillity including
crime prevention and
detection, and promotion of
health, safety and morals. But
unfortunately the public image of police is notpublic
bright. Writing about unpopularity of police, Leon Ameline has very
is no human institution which observed that there
Their unpopularity makes
inspires so much distrust and enmity as the police.
people shun them.
NHRC Guidelines on Police-Public Relations
The
guidelines issued by the National Human Rights Commission on
December 22. 1999 to all the police officials posted at police stations are of
invaluable significance as they enable the police officers to perform their duties in
a manner compatible with recognised human rights standards. These guidelines,
interalia, include
(1) Providing a tol-free telephone number for the public to convey crime
information to the police;
(2) Transparency in the investigation process by registration of offences
and recording progress of investigation and complainants must have
access to information about their cases
1. Section 40.
 The Police System
457

(3) Monthly meetings of Station House Officer (SHO) with the public.
This will enable people to voice their grievances and also provide the
police an opportunity to inform people about the law and order
situation.
Emphasising the need for people's participation in policing, the Commission
observed that
as a vitalcomponent of the governmental machinery, the police too,
are under an obligation to take into account
community aspirations and activise
policing to serve the needs of the people. Transparency and fairness in the
police
functioning are an asset for the people-oriented policing system.
 The Police Systom
459
Aumbai Police Citizens Assistance Force which
helps the Police to solve the
hlems of people by mulual discussion in a cordial
atmosphere.
Modernization of Police
The setting up of a Central Finger Print Burcau at
Calcutta in 1956 and the
Crime Record Bureau in the Central Bureau of
naintaining up-to-date data of crimes and criminals atInvestigation in 1964 for
national and international
level was indeed a significant step in the process of modernisation of
functioning in India. police
Under thee Police Modernisation Scheme
proposed by the Sixth
Commission, computer system was introduced in the police establishments ofFinance
States.' Besides, a joint computer centre was set up at Chandigarh to cater to theeleven
needs
of four adjoining States, namely, Punjab, Haryana, Himachal Pradesh and
Jammu &
Kashmir. In 1976, a Directorate of Coordination Police Computers
established in Delhi which has been assigned the function of ensuring (DCPC) was

financial assistance to the State for setting up computer centre and provide adequate
facilities for preparingg data bank of crime record etc. A National Crime trainingRecord
Bureau (NCRB) has been set up in 1985 which maintains complete record of crime
statistics throughout the country. In its annual publication "Crime In
India', all
important statistical information relating to crime and criminals, juveniles,
courts. prisons etc. is furnished for the guidance of the concerned
police,
The Bureau of Police Research and
departments.
Development head-quartered in Delhi is
actively involved in scientific research and development of new technologies in
police investigating methods. There are at present more than 200 forensic
laboratories functioning in India including eight central laboratories and 138
mobile
units which function under different State Governments.
However, the forensic
scientists feel that it is necessary to upgrade these laboratories in view of the
growing crime in this country and the
adoption of sophisticated methods by
ciminals. There is dire need to ensure uniform standards in all the State
1aboratories particularly DNA test facilities which is one of the most reliable forms
of
investigation' developed so far and can save time and manpower by the probing
4gencies. Inquiries, however, reveal that forensic laboratories are not
functioning
roperly as they fail to cope with the work-load. Thousands of cases referred to
ese laboratories are not cleared for several months and if the reports are not given
wiUin three months, forensic test becomes meaningless. Therefore, there is need to
CITalise the
functioning of these forensic laboratories.
ne changes in the nature of crime as well as criminals over the years has
rS511ated modernization of the police force to cope up with the new challenges.
faaer-increasing political interference of political leaders has complicated the
t police further. Political agitations have tended to subvert the priorities for
are Drcause instead of concentrating on prevention and control of erime they
AicPCOccupied
diffused and accou withmaintenance of public order for which responsibility 1s
untability is difficult to deteri ine. Under these conditions there is
These
hoes were Tamil Nadu. Kerala, Karnataka, Andhra Pradesh. Maharashtra, Gujarat.
Rajasthan, Madhya
2. The Pradesh, Bihar, West Bengal and Uttar Pradesh.
firstforensic
3. The anteceder laboratory was established in Calcutta in 1952.
established o Dhanu, the assassin of former Prime Minister. Rajiv Gandhi was
established in DNA test.
 460 Criminology and Penology

dire need for raising the efficiency of police force by greater

scientific training. The effectiveness of the professionalism and
police as agents of social control should
not be allowed to be
blunted by political interference in their
With the 21st century functioning
changes
order internal security has assumed
in the economic,
technological and political
greater
development of the society. Obviously, the importance
for the
modernisation
sCio-economic
of police force
cquipping it with special skills and basic as wcll as in-service hy
necessary to enable it to mect the training is utmost
need to make a realistic ever-increasing challenges. There is an urgent
asscssment of the manpower
fide aspirations of all sections of public, requircd
meet the bona
for police force
to
sections of the society. particularly those of weaker
The Government, its
on
parts should play
a
pro-active role by providing
adequate resources
including men, material and
effective and responsive Police Force in cach training, to maintain an efficient,
State commensurate with the
fide needs of prevention and detection of crime, traffic bona
of law and order, VIP management, maintenance
security and other incidental matters related
to internal
security of the nation.' Infra-structural facilities for
the Police Force needs to be e-policing and e-management in
reviewed
trends in cyber crimes and criminals periodically taking note of the new emerging
which has a significant
public order. bearing on policing and
The Supreme Court in Karnail Singh v. State of
technology is an important Haryana, held that
part of police administration. The new
devices also have
evidentiary techniques and
advantages,
Such techniques and devices are now the subject to the
safeguards to be
adopted.
order of the day and a great tool for
investigation.' By videography, crucial evidence can be captured and
credible manner. presented in a
Highlighting the need for switching over to e-policing, the Supreme Court in
Shafhi Mohd. Statev.
of Himachal Pradesh," directed the Ministry of Home Affairs,
Government of India to expediously set
up a Central Oversight Body (COB) and
place necessary funds at its disposal for
preparing plans for use of vedeography in
phased manner. With a view to check human
rights abuse, CCTV cameras should
be installed in all the
police stations and prisons. The plan of action should be
implemented in a phased manner spread over a period of three years in five phases.
Unfortunately, more than one and a half century old Police Act of 186l still
rules the roost. The reforms in
police have been dwindling between patchworks to
window-dressing which can no longer sustain the evolving needs of
community-oriented policing. There is dire need for a change in the mindset of
police personnel where service and servility has to be the nmotto. which is possible
by inculcating behavioural sensitivity among the policenmen. There is need for
overhauling the British era norms for police recruitment. While recruiting the police
personnel, the state must ensure that each individual recruited to the police force,

1. Modenization of Police: The Indian Police Journal, Vol. LVIlI (Jan-March 2011) p. 36
2. (2009) 8 S.C.C. 539 (Para 34)
3. Mohd. Ajmul Kusub v. Stute of Muharashira, (2012) 9 S.C.c. 1: Tomaso Bruno v. Staie
of U.P, (2015) 7 S.C.C. I76; Tukaram Dighole v. Manikrao Kokate, (2010) 4 S.CC. 329
eic.
4. (2018) 5 S.C.C. 311
 The Police System 461

has
not merely physical strength and fitness, but is also evaluated for emotional
maturity, ability to remain.calm in emotionally charged situations, ability to carrya
deal of responsibility in handling difficult situations,
great
dement. As of now, the only screening done while recruiting
judgment.
dependability
policemenandis goo
with
esDect to the moral character, integrity and physical fitness of the candidate. No
respec
revaluation nertaining to his/her emotional maturity and ability to
eva
handle difficult
situation or responsiveness is done.
Malimath Committee Report on Police Functioning
In 2004, the Government had appointed Malimath
Committee to report on
Dalice and Criminal Justice System in India under the
Chairmanship of Dr. V.S.
Malimath, former Chief Justice of Karnataka & Kerala High Courts. The
Committee made a detailed analysis of criminal justice system and gave
recommendations on fundamental principle, of jusice,
investigation, prosecution
and functioning of Judiciary. This included subjects like crime, punishment,
re-classification of offences, offences against women, organísed crime and arrears in
courts. The recommendations of Malimath Committee were analysed by the police
administration in a national level seminar on Police and Criminal Justice System at
the Punjab Police Academy, Phillaur.
Smart Police Vision
In the meeting with Director-Generals of all State and Central Police
Organisations held in Guwahati in 2014, the Prime Minister of India, Shri Narendra
Modi articulated the vision of a SMART police. He explained SMART' stands for
strict but sensitive, modern and mobile, alert and accountable, reliable and
responsive, techno-savvy and irained body of professionals. It was unanimously
core values
agreed that what is presently missing in the police administration are the
0TOnlyintegrity, rule of law, respect for human rights and accountability to the citizens.
a strict adherence to these values will address issues of violence against
sections of the
wOmen, protection of marginalised and socially disadvantaged
sOciety.
n order to make a beginning towards SMART police, reforming police
honest
ument policy was suggested as the first step. How can one expect
servi from a person who has paid a
bribe to become a policeman! Next,
fo uelvery must be at the core of
rough an action plan for leveraging technology
tran vision. Briefly stated, police
reforms
for realising the SMART police
have to on
hav be onceived and driven by the serving police officers
themselves. There
bureaucrats in day-to-day police
no interference of politicians and/or
One and constitutional
and the officials who abicate their legal
TOe ns police tolerance' policy. As
responsibilities should be strictly dealt with adopting a zero
DGP's who are
ightly stated by retired IPS officer shri Ramchandran, the envisioned
State-Ha
tate-Heads of police realise that "SMART police is a carefully
Project. should
project in Statecra and not an empty slogan in stagecrart.
doaiding
 462 Criminology and Penology
The Police Sniffer Dogs
Now-a-days 'sniffer dogs' are too often pressed into service by the Policc for
spoting out the criminals and detection of crime. Certain species of dogs such as
Alsatian and Labrador are regularly trained in the
the regular services of Police. The sniffer
Dog School and then they join
dog must be brought to the scene of crime
within foty-cight hours of the incident.
In view of the incrcased terrorist activities around
Delhi, the Delhi Police is
training two sniffer dogs who are presently being traincd at Dog School,
Tak anpur (Madhya Pradesh). These canines have BSF
joined the regular services of
Delhi Police in April 1988. At present, Delhi Police has a few sniffer
out explosives at vulnerable sites and from dogs to smeil
suspected baggages. Owing to increasing
pressure on Delhi Police, there is a proposal to increase the
from 70 to 100 including those strength of sniffer dogs
specially trained in tracking criminals, detecting
explosives and sniffing out narcotics. At first, newly- recruited
sniff and track. Later, some of them are trained dogs are trained to
for detecting explosive.
INTERPOL
Criminality has become a
global phenomenon in the, modern computer
The tremendous age.
growth in the means of transport and inter-communications
brought in its wake new problems of has
is a common feature resorted criminality. Now-a-days escape by air or sea
to by criminals who
The dangers of international operate on an international plane.
crime have to be faced
Therefore, every individual country has its own squarely by all the nations.
problems of international crime. This agency is international agency to tackle the
(International Criminal Police familiarly known as INTERPOL'
establishment of direct contact Organisation) which concerns itself
with the police forces outside mainly with the
of diplomacy. The affected the ordinary channels
hold and deliver the country makes a triple request to INTERPOL to
criminals. seek,
INTERPOL has assumed great
incidence of trafficking in importance in recent due to rising
drugs, gold, precious stones, years of
cheque, documents, passports and forgeries
of INTERPOL is counterfeiting of currency notes. The traveller's
invariably sought in making arrest of criminals assistance
hijacking of aeroplanes. involved in
Theactivities /of INTERPOL
international crimináls; circulation of also include searching and chasing of
criminal gangs received from information regarding international crimes and
member police forces,
international criminals and assisting in arrest ot
surveillance, making arrangements for keeping them under
pending their
extradition.
The purpose of INTERPOL
"to ensure and (International Criminal
promote the widest possible assistance Police Organisation) is (1)
authorities within the limits of the between all criminal police*
laws existing in different
spirit of the Universal Declaration of Human
countries and in he
develop all institutions likely to contribute Rights"; and (2) "to establish and
suppression of ordinary crimes." effectively to the prevention and
In
short, the INTERPOL
co-ordinate their ork effectvely enables the police forces in different
in the areas of law countries to
prevention. It refrains from indulging in any activity enforcement and crime
relating to cases which have a
 The Police System
463
military, religio or racial character.
olitical,
Perspective of the Police
nternational
he Police problems
and functioning have
forums from time to time. The second
occasionally heen discussed in
United Nations
I n t e r n a t i o n a l

Congressin great
ention of Crime And Treatment of Offenders, London, 1960 discussed
cial Police Services for prevention of delinquency.
detail special
varicty of programmes have been devcloped in Anglo-American countries
A rie
for training policefor the preventi of juvenile delinquency. The International
for ran Police
Criminal the International Orcanisation, Federation of Senior Police
Officers
and the International Association of Chiefs of Police have often made important

suggestions bearing on police training.

An International conference on "Urban Police" was held at Rome in
her 1985 to tackle the problem of urban crimes and suggest measures for
Septen
prevention
of urban delinquency. The problen of rural policing is also engaging the
atention of even
tention of even affluent countries like Germany, USA, UK and France.

in this context, it must be stated that India being a party to the International
ant on Civil And Political Rights, it has ratified as many as thirteen
internatio instruments on man rights, but it has not yet ratified convention
sainst custodial torture contained in the Second Optional Protocol to the
Intermational Covenant on Civil & Political Rights. The human rights jurisprudence
having now assumed global importance, India should not remain content by merely
setting up a National Human Rights Commission, but should take steps to ratify the
human rights instruments, particularly, the convention against torture, which should
be made a non-derogable right. Obviously, this would require drastic changes in the

existing Police Act, 1861 which has now become outdated. Similar changes are also
colonial rule
called for in the Jail Manual which represents the legacy of the British
democratic welfare
tune with the concept of modern
in India and is no longer in
States.
It is, however, heartening to note that introduction of the electronic videoo
the police to a considerable extent.
years has eased the burden on
linkage in recent
Ihe NHRC has appreciated this measure as the police will no longer be required
to

fifteen day for extending

accompany the undertrials to the Magistrate's Court every
would not be required to be
ueir remand period. In other words, remand prisoners would extend the
Paysically produced before the Magistrate, instead, Magistrate
e-mail connectivity to all police
Emand period through video-conferencing. Indeed, as in most of the States
n's will provide for speedy correspondence Zonal I.G.'s, Range, DIGs
to DGP,
Onerencing facility has been provided
and SPs at the district level.

Nath Misra,
T headed by Justice Ranga
a Human Rights Commission (NHRC)
forn
former was set up
in 199).
er Justice of India and four other members