TOPIC: STRUCTURAL ORGANISATION OF

THE POLICE FORCE WITH REFERENCE TO

THE CENTER AND THE STATE.

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 INDEX

SR. NO. CONTENTS PAGE NO.

1 Introduction 2

2 Criminal Justice System 3

3 Process of Criminal Justice 5

4 Organizational Structure 8

5 Duties and Responsibilities of the Police 12

6 Code of Conduct 13

7 Police Pyramid 15

8 Case Laws 22

9 Suggestions 25

10 Conclusion 27

10 References 28

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Introduction

India, with an area of 32, 87,782 Sq.Kms and a population of 1.02 billion, is a union of 28 states
and 7 union territories. The powers and responsibilities of the union and states are demarcated in
the Constitution of India. Article 246 of the Constitution distributes the legislative powers
between the Parliament and the State Legislative Assemblies. It refers to three lists of subjects
given in the Seventh Schedule of the Constitution:
 List 1: Union List - includes subjects in respect of which the Parliament has the sole
power to make laws.
 List 2: State List – includes subjects in respect of which the State legislature has
exclusive powers to make laws.
 List 3: Concurrent List - consisting of subjects on which both the Parliament and the
State Legislatures have concurrent powers to make laws.
Article 246 of the Constitution of India places the police, public order, courts, prisons,
reformatories, borstal and other allied institutions in the State List.
Understanding the criminal justice system is a prelude to understanding the police. It is important
to discuss a few important characteristics of the system before explaining the organization and
working of the police in India.

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Criminal Justice System

Criminal Law

The criminal law consists of the substantive law contained in the Indian Penal Code (IPC) as
well as the special and local laws enacted by the central and state legislatures from time to time
and the procedural law laid down mainly in the Code of Criminal Procedure, 1973 (Cr.P.C) and
the Indian Evidence Act, 1872.
These three major Acts, i.e. the IPC, Cr.P.C and the Indian Evidence Act were enacted by the
British during the second half of the 19 th century. Of these, the only major law that has been
revised since Independence is the Cr.P.C, which was revised in 1973 on the recommendations
made by the Law Commission of India. The other two laws, except for some minor amendments,
have remained unchanged.
Substantive Law
The IPC defines different types of crimes and prescribes appropriate punishment for offences.
Offences are classified under different categories- offences against state, armed forces, public
order, public justice, public health, safety, morals, human body, property and offences relating to
elections, coins, government stamps, weights and measures, religion, documents and property
marks, marriage and defamation. The IPC has 511 Sections, of which 330 are about
punishments. Besides IPC, the local and special laws (SLL) also contain penal provisions. These
laws have been enacted from time to time mainly to deal with new emerging forms of crime and
to protect the interests of the weaker sections of society. A large number of criminal offences are
registered under these laws, some of which relate to possession and manufacture of arms,
ammunition and explosives; drugs; gambling; immoral trafficking in women; atrocities against
scheduled castes and tribes; excise and prohibition; smuggling; hoarding and profiteering in
essential commodities; food adulteration; traffic offences etc.

Procedural Law

Procedural law describes the procedure to be followed in a criminal case from registration,
investigation and to its final disposal after a proper trial by a court of law. The police are not
empowered to take cognizance of all penal offences. Criminal law makes a distinction between
two categories of offences- cognizable and non-cognizable.

The Process of Criminal Justice

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The process of criminal justice has the following main steps:

Step- 1: Registration of the First Information Report (FIR) The process of criminal justice is
initiated with the registration of the First Information Report. The FIR is a written document
prepared by the police when they receive information about the commission of a cognizable
offence.

Step- 2: The police officer proceeds to the scene of crime and investigates the facts of the case.
Police investigation mainly includes:

 Examination of the scene of crime

 Examination of witnesses and suspects
 Recording of statements
 Conducting searches
 Seizing property
 Collecting fingerprint, footprint and other scientific evidence
 Consulting records and making entries in the prescribed records, like case diary, daily
diary, station diary etc.
 Making arrests and detentions
 Interrogation of the accused

Step-3: After completion of investigation, the officer in charge of the police station sends a
report to the area magistrate. The report sent by the investigating officer is in the form of a
charge sheet, if there is sufficient evidence to prosecute the accused. If sufficient evidence is not
available, such a report is called the final report.

Step-4: On receiving the charge sheet, the court takes cognizance and initiates the trial of the
case.

Step- 5: The charges are framed. The procedure requires the prosecution to prove the charges
against the accused beyond a shadow of doubt. The accused is given a full opportunity to defend
himself.

Step- 6: If the trial ends in conviction, the court may award any of the following punishments:

 Fine
 Forfeiture of property
 Simple imprisonment
 Rigorous imprisonment

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  Imprisonment for life
 Death Sentence

Courts The Judiciary has the Supreme Court (S.C) at the apex having three-fold jurisdiction
namely, original, appellate and advisory. Below the S.C are the High Courts at state level,
followed by subordinate courts in the districts. The judiciary in the state functions under the
supervision of the High Court. The Constitution empowers the High Courts to issue directions,
orders or writs for the enforcement of fundamental rights and for any other purpose.

Supreme Court of India (The apex court)

↓
High Court (Highest court at the state level)
↓
Sessions/District Court
↓
Judicial Magistrates of the First Class/Metropolitan Magistrate’s Court
↓
Court of the Judicial Magistrates of the Second Class
↓
Executive Magistrates

One of the Directive Principles of the State Policy laid down in the Constitution required the
State to separate judiciary from the executive. This separation was effected through the revised
Code of Criminal Procedure in 1974 with regard to criminal justice. It also effected the
separation of the prosecuting agency from the police. Prior to this the prosecuting officers at the
district level used to function more or less as part and parcel of the district police set-up.
The police is a state subject and its organization and working are governed by rules and
regulations framed by the state governments. These rules and regulations are outlined in the
Police Manuals of the state police forces. Each State/Union Territory has its separate police
force. Despite the diversity of police forces, there is a good deal that is common amongst them.
This is due to four main reasons:

 The structure and working of the State Police Forces are governed by the Police Act of
1861, which is applicable in most parts of the country, or by the State Police Acts
modeled mostly on the 1861 legislation.
 Major criminal laws, like the Indian Penal Code, the Code of Criminal Procedure, and
the Indian Evidence Act etc. are uniformly applicable to almost all parts of the country.
 The Indian Police Service (IPS) is an All India Service, which is recruited, trained and
managed by the Central Government and which provides the bulk of senior officers to
the State Police Forces.

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 The quasi-federal character of the Indian polity, with specific provisions in the
Constitution, allows a coordinating and counseling role for the Centre in police matters
and even authorizes it to set up certain central police organizations.

The Organizational Structure

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 Superintendence over the police force in the state is exercised by the State Government. The
head of the police force in the state is the Director General of Police (DGP), who is
responsible to the state government for the administration of the police force in the state and
for advising the government on police matters.

Field Establishment

States are divided territorially into administrative units known as districts. An officer of the
rank of Superintendent of Police heads the district police force. A group of districts form a
range, which is looked after by an officer of the rank of Deputy Inspector General of Police.
Some states have zones comprising two or more ranges, under the charge of an officer of the
rank of an Inspector General of Police. Every district is divided into sub-divisions. A sub-
division is under the charge of an officer of the rank of ASP/ Dy.S.P. Every sub-division is
further divided into a number of police stations, depending on its area, population and
volume of crime. Between the police station and the subdivision, there are police circles in
some states - each circle headed generally by an Inspector of Police.

The police station is the basic unit of police administration in a district. Under the Criminal
Procedure Code, all crime has to be recorded at the police station and all preventive,
investigative and law and order work is done from there. A police station is divided into a
number of beats, which are assigned to constables for patrolling, surveillance, collection of
intelligence etc. The officer in charge of a police station is an Inspector of Police,
particularly in cities and metropolitan areas. Even in other places, the bigger police stations,
in terms of area, population, crime or law and order problems, are placed under the charge of
an Inspector of Police. In rural areas or smaller police stations, the officer in charge is
usually a Sub-Inspector of Police.

System of Dual Control at the District Level

Section 3 of the Police Act, 1861 vested the superintendence of the state police force in the
state government. A system of dual control at the district level is introduced under Sec.4. It
places the police forces under the District Superintendent of Police, but subject to the
“general control and direction” of the District Magistrate. The District Magistrate was not a
professional but a general administrator, whose charter included not merely the executive but
even some judicial functions. This was done deliberately because the functioning of the
District Magistrate as the chief officer of the district was considered essential for the
maintenance of British rule in India. The British had realised that to perpetuate their rule in
the country, they must have a police force that was totally subservient to the executive. Thus
a system of dual control at the local level was introduced- one under the head of the police
force in the district and the other under the chief executive of the di strict i.e. the District
Magistrate.
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 Commissionerate System of Policing
There was considerable opposition to the system of dual control at the district level even at
the time it was introduced. In fact the British Government realised that the district system
would not work efficiently in metropolitan areas, which faced different police problems.
Therefore, another system i.e. the commissionarate system of policing was introduced in
certain metropolitan areas like Calcutta, Bombay, Madras and Hyderabad. Under this
system, the responsibility for policing the city/area is vested in the Commissioner of Police.
While the commissionarate system initially existed in four cities in the last century, it has
been extended too many areas since Independence. The system now exists in the following
cities:

 Andhra Pradesh - Hyderabad, Vijayawada and Visakhapatnam

 Gujarat - Ahmedabad, Anand, Junagarh, Rajkot, Surat and Vadodara
 Karnataka - Bangalore, Dharwad, Hubli and Mysore city
 Kerala - Kochi, Kozhikode and Thiruvananthapuram
 Maharashtra - Aurangabad, Amravati, Mumbai, Nagpur, Nasik, Pune, Solapur,
Thane and New Bombay
 Tamilnadu - Chennai, Coimbatore, Madurai, Salem, Tirunelveli and Trichy
 Union Territory of Delhi.

Criminal Investigation Department (CID)

Criminal Investigation Departments or CIDs, as they are popularly known, are specialized
branches of the police force. They have two main components - the Crime Branch and the
Special Branch. The officer in charge of the CID generally supervises the work of both branches,
though some states appoint a separate officer in charge of the Special Branch.
The Crime Branch is the most important investigation agency of the state police. It investigates
certain specialized crimes like counterfeiting of currency, professional cheating, activities of
criminal gangs, crimes with interdistrict or inter-state ramifications etc. In fact, when certain
major crimes remain unsolved or when the public demands investigation by an agency other than
the local police, the government or the head of the police force transfers cases for investigation
from the district police to the CID.

The Special Branch, on the other hand, collects, collates and disseminates intelligence from the
security point of view. Its main role is to keep a watch over the subversive activities of persons,
parties and organizations and keep all concerned informed.

Armed Police

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A state police force has two main components-the civil police and the armed police. The primary
function of the civil police is to control crime, while the armed police mainly deal with law and
order situations. The civil police include mainly the district police forces, supervisory structures
at the range, zone and state police headquarters and specialized branches to deal with crime,
intelligence and training problems.

The district police force also has armed reserves, which are used mainly to meet the requirements
of armed guards and escorts. They are occasionally also deployed to meet any emergency
situation, before the state armed police arrive to handle it.

The armed reserves of districts are treated as a part of the district civil police force. The armed
police is in the form of battalions, which are used as striking reserves to deal with emergency
situations. On 1.1.2001 the strength of the state armed police forces was 372,346. There were as
many as 307 state armed police battalions in addition to 8 companies, spread over different
states/union territories. A state armed police battalion is divided into companies. Generally, there
are six service companies in a battalion. A company is further sub-divided into platoons and
platoons into sections. Ordinarily, three sections constitute a platoon and three platoons a
company.

Women Police

Women police now form a part of the police force of all states and Union Territories, except
Daman & Diu. Some states/cities have experimented with setting up police stations managed and
run exclusively by women police personnel. Women police are utilized mostly in performing
specialized tasks of dealing with women and children. In this context, the National Police
Commission (NPC) has stated that women police have not been given an equal share in various
areas of police work and recommended that they be more actively and directly involved in police
investigations.

Railway Police

Policing on the railways is done by the Government Railway Police (GRP). Controlling crime on
the railways is their main responsibility. Though the GRP is a part of the state police force,
expenditure on this establishment is shared by the State Government and the Railways. An
officer of the rank of Addl. DG or IGP supervises the work of GRP. The jurisdiction of the
superintendent of a railway police district may cut across the boundaries of several districts.

Forensic Science Laboratories

No full-fledged forensic science laboratory existed in the country during the pre-Independence
days. Most forensic work during the British rule was looked after by laboratories of the Chemical
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Examiners of the Government of India located at Agra, Bombay, Calcutta and Madras, the
Finger Print Bureau, Serologist to the Government of India, Chief Inspectorate of Explosives,
Government Examiners of the questioned Documents and Scientific Sections of the CID
Branches.
The first Chemical Examiner’s Laboratory was established in 1853 by the Government of West
Bengal. An Explosives Department came into existence with the appointment of a Chief
Inspector of Explosives at Nagpur. A Central Serologist Laboratory under the Imperial
Serologist to the Government of India was established in Calcutta as early as 1910. After
Independence, State Governments realized the need to set up full-fledged forensic science
laboratories.
Now almost all big states have them. An average state forensic science laboratory is divided into
various divisions or branches like Ballistics, Biology, Chemistry, Documents, Explosives,
Physics, Photography, Serology and Toxicology. In most states, forensic science laboratories
function under the head of the state police force. It is only in four states i.e. Gujarat,
Maharashtra, Tamilnadu and West Bengal that they function directly under the Home
Department of the State Governments. Some state forensic science laboratories have set up their
regional, district and mobile laboratories too. In addition, there are five forensic science
laboratories and three offices of the Government Examiner of Questioned Documents under the
central government.

Duties and Responsibilities of the Police

The Police Act of 1861 laid down the following duties for the police officers:

i. Obey and execute all orders and warrants lawfully issued by any competent authority;
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 ii. Collect and communicate intelligence affecting the public peace;
iii. Prevent commission of offences and public nuisances;
iv. Detect and bring offenders to justice; and
v. Apprehend all persons whom he is legally authorized to apprehend and for whose
apprehension sufficient ground exists.

The charter prescribed by the National Police Commission goes far beyond the 1861 charter,
taking into account not only the changes which have occurred within the organization during this
period, but also in the sociopolitical environment in which the organization is required to
function.
The NPC’s Model Police Bill prescribes the following duties to the police officers
i. Promote and preserve public order;
ii. Investigate crimes, apprehend the offenders where appropriate and participate in
subsequent legal proceedings connected therewith;
iii. Identify problems and situations that are likely to result in commission of crimes;
iv. Reduce the opportunities for the commission of crimes through preventive patrol and
other prescribed police measures;
v. Aid and co-operate with other relevant agencies in implementing the prescribed measures
for prevention of crimes;
vi. Aid individuals who are in danger of physical harm;
vii. Create and maintain a feeling of security in the community;
viii. Facilitate orderly movement of people and vehicles;
ix. Counsel and resolve conflicts and promote amity;
x. Provide necessary services and afford relief to people in distress situations;
xi. Collect intelligence relating to matters affecting public peace and crimes in general
including social and economic offences, national integrity and security; and
xii. Perform such other duties as may be enjoined on them by law for the time being in force.

Code of Conduct for the Police

The code of conduct for the police in the country was adopted at the Conference of the
Inspectors General of Police in 1960. This was later approved by the Government of India
and circulated to all the State governments.

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The National Police Commission examined the subject and recommended changes in clause
12 of the earlier Code. The final Code as recommended by the NPC and accepted by the
Government of India and circulated to all state governments is reproduced below:

1. The police must bear faithful allegiance to the Constitution of India and respect and uphold
the rights of the citizens as guaranteed by it.

2. The police should not question the propriety of necessity of any law duly enacted. They
should enforce the law firmly and impartially without fear or favour, malice or
vindictiveness.

3. The police should recognize and respect the limitations of their powers and functions.
They should not usurp or even seem to usurp the functions of the judiciary and sit in
judgement on cases to avenge individuals and punish the guilty.

4. In securing the observance of law or in maintaining order, the police should as far as
practicable, use the methods of persuasion, advice and warning. When the application of
force becomes inevitable, only the irreducible minimum of force required in the
circumstances should be used.
5. The prime duty of the police is to prevent crime and disorder and the police must
recognize that the test of their efficiency is the absence of both and not the visible evidence
of police action in dealing with them.

6. The police must recognize that they are members of the public, with the only difference
that in the interest of the society and on its behalf they are employed to give full time
attention to duties which are normally incumbent on every citizen to perform.

7. The police should realize that the efficient performance of their duties will be dependent
on the extent of ready cooperation that they receive from the public. This, in turn, will
depend on their ability to secure public approval of their conduct and actions and to earn and
retain public respect and confidence.

8. The police should always keep the welfare of the people in mind and be sympathetic and
considerate towards them. They should always be ready to offer individual service and
friendship and render necessary assistance to all without regard to their wealth and/or social
standing.

9. The police should always place duty before self, should maintain calm in the face of
danger, scorn or ridicule and should be ready to sacrifice their lives in protecting those of
others.

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10. The police should always be courteous and well-mannered; they should be dependable
and impartial; they should possess dignity and courage; and should cultivate character and
the trust of the people.

11. Integrity of the highest order is the fundamental basis of the prestige of the police.
Recognizing this, the police must keep their private lives scrupulously clean, develop self-
restraint and be truthful and honest in thought and deed, in both personal and official life, so
that the public may regard them as exemplary citizens.

12. The police should recognize that their full utility to the State is best ensured only by
maintaining a high standard of discipline, faithful performance of duties in accordance with
law and implicit obedience to the lawful directions of commanding ranks and absolute
loyalty to the force and by keeping themselves in the state of constant training and
preparedness.

13. As members of a secular, democratic state the police should strive continually to rise
above personal prejudices and promote harmony and the spirit of common brotherhood
amongst all the people of India transcending religious, linguistic and regional or sectional
diversities and to renounce practices derogatory to the dignity of women and disadvantaged
segments of the society.

Police Pyramid

The police has a hierarchical structure, with the police constable and the Director General of
Police at the two extremes of the organisation. The base of the police organisation is very
heavy, with constabulary accounting for about 87.61% of the total strength. The upper
subordinates’ i.e. Inspectors, Sub-Inspectors and Assistant Sub-Inspectors constitute about
11.51% of total strength. The officers from the rank of DYSP/ASP to the DGP account for
less than 0.88% of the total police strength.
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Level-I: Dy. SP to DGP (0.88%)

Level-II: Inspectors, Sub-Inspectors & Asst. Sub-Inspectors (11.51%)

Level - III: Police Constabulary (87.61%)

Though the Constitution of India has mandated ‘Police’ and ‘Public Order’ to be State
subjects, there are certain provisions in the Constitution, which empower the Central
Government to intervene in some situations or perform special functions in police matters. It
is the duty of the Centre to protect the states against internal disturbances and to ensure that
the governance of every state is carried on in accordance with the provisions of the
Constitution (Article 355). As per List 1 of the 7th Schedule, the Parliament has exclusive
powers to make laws with respect to:
 the armed forces of the Union, which includes the Central Para–Military Forces
(Entry 2A);
 the Central Bureau of Intelligence and Investigation (Entry 8);
 the Union agencies and institutions for training of police officers, promotion of
special studies or research, scientific and technical assistance in the investigation or
detection of crime (Entry 65);
 all-India Services (Entry 70); and
 Extension of the powers and jurisdiction of members of one state police force to
another with the consent of that state or to outside railway areas (Entry 80).

The Ministry of Home Affairs’ Role

The Ministry of Home Affairs, Government of India is responsible for the internal security of
the country as a whole and performs the following duties in matters concerning police:
i. recruiting and managing the Indian Police Service;
ii. operating the Intelligence Bureau, the Central Bureau of Investigation and other
Central Police Organisations;
iii. raising, maintaining and deploying Central Para-Military Forces to assist the civil
police;
iv. maintaining a Directorate of Coordination of Police Wireless to provide an
independent channel of communication to police forces in the country and a National
Crime Records Bureau to ensure computerization of police forces;
v. establishing and maintaining institutions for research, training and rendering of
scientific aids to investigation;
vi. enacting laws for the functioning of the criminal justice system in the country;

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 vii. rendering advice and assistance to the state governments in dealing with crime, law
and order and other related matters;
viii. coordinating the activities of various state police organisations; and
ix. Providing financial assistance for the modernization of State police Forces.

Indian Police Service

At the time of Independence, India inherited from the British two All India Services – the Indian
Civil Service (ICS) and the Indian Police (IP). These were subsequently renamed the Indian
Administrative Service (IAS) and the Indian Police Service (IPS) respectively. These services
were constituted under Article 312 of the Constitution of India and a legislation was framed to
govern them. Recruitment of officers to the IPS is done by the Central Government on the basis
of a competitive examination conducted by the Union Public Service Commission annually.
Depending on the vacancies available, the number of officers selected for the IPS varies every
year, with the average intake at approximately 65 each year. After selection, the officers receive
their professional training in the National Police Academy, Hyderabad.
The IPS cadre is controlled by the Ministry of Home Affairs of the Government of India. The
officers selected to the IPS are allotted to the various state cadres. They join as Assistant
Superintendents of Police and remain on probation for a period of two years, after which they are
confirmed as Assistant Superintendents of Police. It is the IPS officers who man the senior posts
in the police forces of all States/Union Territories and in Central Police Organisations.
All matters relating to postings, transfers or promotions of IPS officers in the states are handled
exclusively by the State governments, while similar administrative control is exercised by the
central government in respect to officers working under the central government. An IPS officer
can be removed or dismissed from service only by the central government.

Central Police Organisations (CPOs)

The Central Government has established a number of police organisations known as the Central
Police Organisations (CPOs). The CPOs, which function under the control of the Ministry of
Home Affairs, Government of India can be broadly divided into two groups. One consists of
armed police organisations, also known as Central Para-Military Forces (CPMFs), like the
Assam Rifles, Border Security Force, Central Industrial Security Force, Central Reserve Police
Force, Indo-Tibetan Border Police and the National Security Guards. The other group includes
organisations like the Bureau of Police Research and Development, Central Bureau of
Investigation (CBI), Directorate of Coordination of Police Wireless (DCPW), Intelligence
Bureau (IB), National Crime Records Bureau (NCRB), National Institute of Criminology and
Forensic Science (NICFS), and the National Police Academy (NPA).

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The organisational structure of the Mumbai Police

The Mumbai Police is a powerful and highly organised unit of the Maharashtra Police. The
budget allocation for Maharashtra Home Affairs has increased by 11% for the year 2022, so it is
necessary to learn about the responsibilities of police officials, to be able to hold them
accountable,” says retired ACP of Mumbai, Shirish Inamdar.

As the population and area that falls under the Mumbai police jurisdiction, the city police’s
organisational structure has had to evolve to keep up with changing times. It may look
complicated on paper, but the Mumbai police do have an enviable reputation as compared to the
police force of many other cities.

At the top of the organisational structure of the Mumbai Police is the Commissioner of Police
(CP), the commander in chief, so to speak, with whom all the bucks stop. He is involved, along
with the Director-General and Inspector General of police and the concerned ministry, in policy-
making concerning personnel, training and equipment, supplies and stores, financial provisions
required for the maintenance of the force and the powers and duties of the various grades of
officers in Mumbai.

Implementation of that policy, however, is entirely the commissioner’s responsibility.

The current police commissioner Sanjay Pandey was appointed on February 28th, 2022. Always
an IPS officer, the commissioner is selected by the Maharashtra government on the
recommendation of the establishment board which includes the Additional Chief Secretary of the
Maharashtra Home Department and other senior bureaucrats.

Reporting to him are five Joint Commissioners of Police (Jt. CP). Jt. CP Law and order, Jt. CP
Administration, Jt. CP Crime, Jt. CP Economic offences wing (EOW), and Jt. CP Traffic.

In March, CP Sanjay Pandey urged all five Joint commissioners and Additional Commissioners
to be on night duty twice a month, to oversee operations around the city. Earlier the Deputy
Commissioners were in-charge of night duty along with other Inspectors and sub-inspectors.

Powers of the CP

 Under the arms act of 1959, the Commissioner of Police can grant or refuse arms licences.
 Under the criminal procedure code of 1973, he can arrest persons, disperse unlawful
assembly and remove public nuisances and authorize search and seizure.
 Under the Bombay police act of 1951, the CP can arrest and/or remove people who have
committed an offence, or are about to commit an offence.
 Anyone who is causing or is calculated to cause danger in a particular area, may be
banished by the CP or the district magistrate, until further notice from the court.
 Overall maintenance of law and order and communal peace and harmony in Mumbai.

The Additional Commissioners of Police, appointed by the state government on the

recommendation of the police establishment board, decide all transfers, promotions and

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appointments and other service-related matters in the Mumbai Police force. Each of them is in
charge of a particular zone or branch, and they have executive powers in that zone/branch in the
absence of the commissioner. The Additional Commissioner works closely with the Deputy
Commissioner in their region.

The Deputy Commissioner is responsible for the general supervision of the division under
him/her and guides assistant commissioners (ACP). Assistant Commissioners are responsible for
the general discipline of the police stations under their charge for all criminal investigations.
They visit crime scenes and closely supervise the police stations.

Roles and responsibilities of the traffic department

In Mumbai, there is a traffic branch headed by a Joint Commissioner, with three deputy
commissioners (DCPs) under them. Just like a police station’s jurisdiction is determined area-
wise, various parts of the city are divided into different traffic divisions. These traffic divisions
work out of smaller offices. The city is divided into twenty-five traffic police zones, each headed
by a Deputy Commissioner of Police. The Traffic Police is a semi-autonomous body under the
Mumbai Police.

It is the traffic division’s responsibility to implement the Motor Vehicle Act, to ensure safe
movements of VIPs and maintain smooth traffic flow, especially during festivals, and manage
green corridors for emergency organ transplants.

Cases of driving without a license or helmet, speeding, breaking the signal, riding triple seat are
documented daily in the local traffic divisions and fines are levied on the spot. Police
stations/chowkis also collect fines for towed vehicles in the area.

However, cases of car accidents and rash or negligent driving are registered in the police station,
as they are crimes under the law.

The traffic unit is divided into four administrative sections – Traffic headquarters, Traffic City
(South Mumbai), Traffic Suburbs, and Eastern suburbs.

The traffic headquarters is responsible for training traffic department personnel, planning, and
managing the traffic education institute. The traffic training institute in Byculla conducts training
for traffic officers all over Maharashtra – training subjects include collecting statistics, studying
traffic patterns, and management of traffic (no entries/U turns etc). The main control room is
located at the headquarters as are the motor transport section, multimedia cell, and prosecution
cell that levies fines and carries out vehicle towing.

Traffic City manages traffic from Colaba to Wadala, the Suburban Traffic unit controls Dahisar
to Bandra traffic, and the eastern suburbs unit controls traffic from Mahim to Mankhurd in the
Central East and Kurla to Mulund in the East. Each area has an in-charge Police Inspector and
multiple traffic Havaldars that ensure smooth traffic flow, and enforce the law as and when rules
are broken.

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Law and order

Under Joint Commissioner (Law & Order) there are five regional Additional Commissioners,
who supervise 13 zonal DCPs, 41 divisional ACPs and 93 Senior Police Inspectors. The
Inspectors are responsible for crime in their police station’s jurisdiction.

Additional commissioner of Protection and Security supervises the four DCPs in charge of
Protection, Security, Mantralaya Security, and Quick Reaction Team (QRT) respectively. The
Additional Commissioner’s official rank is also titled Deputy Inspector General of Police. It is
the responsibility of the Additional commissioner to personally inspect the efficiency and
discipline of the police force.

There is one ACP under DCPs of Security, QRT, and Mantralaya security and six ACPs under
DCP of Protection.

Additional commissioner of Special Branch (SB), heads two DCPs, under whom are seven
ACPs. All of them together run the two special branches of Mumbai SB-1 and SB-2. SB-1 is
used to get information about anti-national elements working in any part of Maharashtra, and
SB-2 is in charge of the overall supervision of airports, seaports and Foreigners Registration
Office’s (FRRO) officers for clearing the verification of the passport applicants.

There is one DCP of operations, under whom there is one ACP of Mediation and Conciliation
Report who looks at the Web cell, Tech cell and the SMS cell. There is also an ACP coordinator
under the DCP of operations. DCP of Operations is in charge of providing manpower to
understaffed police stations. They also build a special squad of police personnel for blockades
and interventions in case of a severe threat to the city – like terrorist attacks and underworld
crimes. The ACP assists with these operations.

Crime Branch

The Mumbai police’s Crime branch is centralised and exists in every commissionerate.

A police station is an independently empowered body. But when the crime has citywide
ramifications and falls under more than one police station, the case is transferred to the crime
branch located in the Mumbai Police headquarters. The decision to transfer a particular case to
the crime branch is taken by the concerned DCP zone, in consultation with the Additional
Commissioner and their counterpart in the crime branch.

Under the Joint commissioner, Crime, there is an Additional commissioner, who heads the seven
DCPs of each unit of the crime department, namely Detection, Detection-1, Enforcement,
Preventive, Anti-Narcotics cell (ANC), Crime against Women (CAW), and cybercrime.

This unit is overall in-charge of C.A.W. Units (I,II) and Counselling Cell, as well as Department
of Women and Child Development. The various units under the crime branch and their
responsibilities are as follows.

19
  Detection branch – Monitoring the investigation of serious crime and formulating new
strategies for combating organised crime.
 Preventive branch – This branch keeps records of those arrested and convicted for
different crimes. The records are classified based on the modus-operandi of criminals.
 Cybercrime branch – Deals with the investigation of website hacking, cyberstalking,
cyber pornography, e-mail, credit card frauds, software piracy, online frauds and
internet crime.
 Anti-Narcotics Cell (ANC) – This unit initiates action against persons who
manufacture, transport, possesses, and sell narcotics drugs, a psychotropic substance
like Heroin, Morphine, Ganja, Charas, Hashish oil, Cocaine, Mephedrone, LSD,
Ketamine, Amphetamine and others substances under NDPS Act 1985.
 Crimes Against Women – The Government of Maharashtra has initiated a special cell
to register complaints and investigate crimes against women and children in all police
stations in Mumbai, with the coordinating office located in the Tata Institute of Social
Sciences. The collaboration of TISS facilitates a coordinated, multi-agency response to
issues of crimes against women.

Now there is a Nirbhaya police officer, always a woman, at every police station who is in charge
of the women’s cell and looks exclusively at crimes against women.

Women make up 30% of the Mumbai Police force. Pic credit: Wikimedia Commons (CC 2.0)

In addition, there is a central social service cell under the crime branch, which looks after
women’s security, safety, domestic violence, sexual harassment at workplace and other crimes
against women.

 DCP Detection – Handles Crime unit 1-5 – extortion cell, Crime Intelligence Unit
(CIU), Property Cell, Special Operations Squad (SOS), Motor Vehicle theft etc.
 DCP Detection-1 – Handles Crime unit 6-12 – Anti Dacoity robbery cell, antichain-
snatching etc.
 DCP Enforcement – In charge of Anti Trafficking, robbery cells, antichain-snatching
etc.
 DCP Preventive – Handles Crime computer cell, National Human Rights Commission
(NHRC), Court cell, Atrocity cell etc.
 DCP ANC – Supervises 5 units of ANC including manufacture, transport, possession,
and sale of narcotics
 DCP CAW – In charge crimes against women cell and counselling
 DCP cybercrime – Works with the cyber admin

Economic Offences Wing (EOW)

Economic offences have a wide definition, and cannot be limited to corruption. The EOW looks
at housing feuds, general cheating, RTIs for public and private development, job racketing, share
transactions, Maharashtra Protection of Interest of Depositors (MPID), Banking, Fake currency,
tax evasion, money laundering refund cell, sales tax, and intellectual property rights amongst
other economic offences.
20
The wing is a subdivision of the Crime Investigation Department (CID), which is a subdivision
of the Indian State Police. Mumbai has its independent EOW in the Mumbai Police headquarters,
and hence it comes to the CP first, before it is forwarded to the CID headquarters in Pune.

Cases like bank frauds, society frauds, and chit funds need not come to the police stations and
may be directly transferred to the economics offences wing, as police stations aren’t equipped
with the expertise to deal with such cases. The EOW wing is an independently functioning unit
in the Mumbai Police.

Transferring a case to the higher branch should ideally be done in less than two days of the crime
being reported. The Code of Criminal Procedure is strictly time lined, so that the police are
answerable for every single minute, once a case is registered.

 EOW runs investigations into the cases of fraud, misrepresentation, and cheating in
various departments, as mentioned above, organisations, and institutions of government.
 The State Government appoints the EOW to handle cases concerning financial frauds
from any private entity, from individuals to companies and corporations, depending on
the level of an offence conducted. Currently they only probe cases where scams of Rs 10
crore or more have been committed.
 EOW also looks into the cases of suspicious Government revenue and if in any case of
loss has occurred, it alerts the government to take appropriate follow-up actions.
 Cases involving non-banking financial companies, chit fund scams, fake stamp papers,
Ponzi schemes, etc.

Case Laws

1. Kaliram vs. State Of Madhya Pradesh & Ors

In case of Kaliram vs. State of Madhya Pradesh & Ors on 24 January, 2011 in WP 6368
of 2000, the Madhya Pradesh High Court observed that as per Art. 226 of the
Constitution of India, those accused who die in custody are entitled to compensation from
the state, the Petitioner was facing trial for murder and he consumed poison when his bail
was rejected. The father of the accused petitioner stated that it was a custodial death and
therefore the state was responsible to grant him compensation. However, it is the
discretionary power of the court to grant the same. In the present case, the petitioner's son
was availing the bail facility and came to the Court of his own and while coming to the
court the State of M.P. and its functionaries were not having any domain over him and

21
 was not having any check on the articles that he had brought with him, hence no
compensation was granted to the petitioner's father.

2. Haricharan & Anr vs. State Of Madhya Pradesh & Ors

In case of Haricharan & Anr vs. State of Madhya Pradesh & Ors on 9 March, 2011 in
Criminal Appeal No(s). 581 OF 2003 the Supreme Court was very such disappointed in
the observations made by the High Court of Madhya Pradesh and was of the opinion that
the High Court had exhibited a total lack of sensitivity attitude in custodial tortures. The
third degree tortures that result in custodial deaths are giving tremendous confidence to
the police officers since they assume that no harm would come to them if an odd prisoner
dies in the lockup since there is hardly any evidence to directly implicate them with the
torture. Such third degree tortures resulting in deaths besmirch the image of a civilized
society and encourage the men in 'Khaki' to consider themselves to be above the law.

3. Kartar Singh vs. State of Punjab

However, an arrested person does have the 'right to silence' against self-incrimination
(Art. 20 (3),). In practicality such a right does not persist. During the interrogation
process, such rights are violated. Though the Supreme Court has ordained in case of
Kartar Singh vs. State of Punjab, (1994) 3 SCC 569 that interrogation should not be
accompanied with torture or "third degree" methods, the police officials do indulge in
violence while extorting a confession or information under compulsion by using third
degree methods. A confession to police officer cannot be used in the court against a
person accused of any offence (Sec. 25 Evidence Act). Any confession caused by threats
from a person of authority would be irrelevant in criminal proceedings as, interalia,
provided in Sec. 24 of the Evidence Act.

4. D. K. Basu vs. State of West Bengal

The violation of Article 21 and 22(1) in custodies came into light in the case of D. K.
Basu vs. State of West Bengal ((1997)1 SCC 416). The Apex Court had enumerated the
following pre-requisites to be followed by not only the Police agencies but also other
governmental agencies (related with investigation and enforcement of law):

a. Ensure the record of the police personnel arresting and handling the arrestee;
b. The record of arrested person's whereabouts during detention;
c. Giving information to his relative or acquaintance having interest in his welfare;
d. Periodic medical examination of the arrestee to ascertain whether any force is used;
e. Preparation of 'inspection Memo' recording the injuries and the state of his health
while in custody, so as to detect the events of custodial violence, if any.

As per the Cr. P.C. (Amendment) Bill, 1994, a few human rights were found very
essential to be implemented such as prohibition of arrest of women before sunrise and
after sunset or mandatory judicial enquiry in cases of alleged death, disappearance and
rape in custody.

5. Nilabati Behera vs. State of Orissa

22
 In case of Nilabati Behera vs. State of Orissa (AIR 1993 SC 1960:1993 Cr. L.J. 2899) the
Supreme Court held the state liable for custodial deaths and directed the State to pay
Rs.1.5 lakh compensation to the Petitioner for custodial death of her son aged 22 years.

6. Prakash Singh vs Union of India

In 1996, a petition was filed before the Supreme which stated that the police abuse and
misuse their powers. It alleged non-enforcement and discriminatory application of laws
in favour of persons with clout, and also raised instances of unauthorized detentions,
torture, harassment, etc. against ordinary citizens. The petition asked the court to issue
directions for implementation of recommendations of expert committees.

In September 2006, the court issued various directions to the Centre and states including:

 Constitute a State Security Commission in every state that will lay down policy for police
functioning, evaluate police performance, and ensure that state governments do not
exercise unwarranted influence on the police.

 Constitute a Police Establishment Board in every state that will decide postings, transfers
and promotions for officers below the rank of Deputy Superintendent of Police, and make
recommendations to the state government for officers of higher ranks.

 Constitute Police Complaints Authorities at the state and district levels to inquire into
allegations of serious misconduct and abuse of power by police personnel.

 Provide a minimum tenure of at least two years for the DGP and other key police officers
(e.g., officers in charge of a police station and district) within the state forces, and the
Chiefs of the central forces to protect them against arbitrary transfers and postings.

 Ensure that the DGP of state police is appointed from amongst three senior-most officers
who have been empaneled for the promotion by the Union Public Service Commission on
the basis of length of service, good record and experience.

 Separate the investigating police from the law and order police to ensure speedier
investigation, better expertise and improved rapport with the people.

 Constitute a National Security Commission to shortlist the candidates for appointment as

Chiefs of the central armed police forces.

Implementation: According to a report of the NITI Aayog (2016), of 35 states and UTs
(excluding Telangana), State Security Commissions had been set up in all but two states, and
Police Establishments Boards in all states.31 The two states in which the State Security
Commissions were not set up by August 2016 were Jammu and Kashmir and Odisha. Note that
the report also found that the composition and powers of the State Security Commissions and the
Police Establishment Boards were at variance with the Supreme Court directions. For example,

23
in states such as Bihar, Gujarat and Punjab, the State Security Commission were dominated by
government and police officers. Further, many of these Commissions did not have the power to
issue binding recommendations.

Suggestions to make police force effective, reliable and competent

 Firstly, Democratic Accountability was advocated whereby a Citizens Board should

be set up in India, like other developed countries, so that the citizens can control the
police and take an active participation in controlling crimes. Even the
Commissioners and Superintendent of Police should be made accountable for the
activities of the police force in general. The Board should comprise such members
that are closely associated with media, NGO's and research associations. To ensure
the transparency and avoidance of corruption, the members should not be allowed to
continue after 2 terms.

24
 Secondly, an organizational control was suggested whereby the decisions regarding
recruitment, promotion, transfer and postings of the officers should handled by the
Director of the General Police which otherwise are decided by the Home Ministry.
Thus, the DGP should be made the CEO of the organization and the Home Ministry
should evaluate the performance, budget and other operational matters. It is strongly
felt that due to the interference on the part of the Home ministry, the restructuring
and reformation of police system is blocked.

 Thirdly, a change in organizational structure was suggested. There should be only

two entry points for recruitment. One from the constable level and the other at the
IPS level; ensuring that even the constables have received college education and are
effectively trained. Such training and education would motivate them to promote
themselves to the ranks of investigators and supervisors. Better performance can be
ensured by providing good promotion opportunities. With the growing awareness
among the citizens, it is required to reorganize and restructure the police system.

 Lastly, change in police culture. It was recommended that the promotion of the
police officers should not be based on the seniority but on the basis of performance
and efficiency. The IPS officers should not be selected on the basis of their
geographical locations but on the basis of the specialization. The perks and
privileges should be replaced by financial rewards so that the malicious and corrupt
practices of the police officers can be controlled.
It is desirable that the police administration is allotted to the individual states so that the
officers are more informed about the locales where they have to operate.

Police Public relationship

The Administrative Reform Commission had stressed the need for pleasant and cordial
relationship between the police system and public in general. The Commission states that
the derogatory and critical opinions from the opposition political parties results in
deterioration of the relations. Due to this, the police personnel do not make conscious
efforts to improve the scenario. Due to lack of communication, the public in general is
not aware of the tensions and the problems of the police. Generally in a democratic
society, the people who are governed should co-operate with the government. The U.P.
Police Commission 1960, suggested that there should be periodical conferences and
social gatherings. The police personnel should interact with the public not only during the
times of disturbance but also during festivities to understand each other better. Normally,
the public is suspicious of the policemen. The confidence of people can be won if the
police do not indulge in lethargic practises while investigating a crime and also discard
unsympathetic attitude while recording First Information Report. The police should
respect the civil rights of the people and avoid several malpractices such as bogus arrests,
illegal searches, fabrication of evidence and false encounters of the fugitives. Police
being the representative of the government, should put in extra efforts to win the
confidence of the people and create a better and responsible image in the society.

25
Conclusion

The police system in a democracy like India plays a very important role in enforcing the laws in
the country. Therefore, such an important limb of the Government needs to be concentrated on
more and several reforms must be made in order to make sure the smooth functioning of the
system.
The solution depends on innovative thinking within state police administrations and on the part
of police leadership to meet the challenge of the new political and administrative ideologies of

26
democracy, socialism, secularism, and nationalism, as enshrined in the Constitution of India
amendments.
Individual states must make sure the problems faced by the police are done away with at the
earliest. State legislation must take into consideration the guidelines which were suggested by the
Supreme Court in the case of Prakash Singh vs Union of India and respectively form their laws
and guidelines.
Although, these aspects can be dealt with by comprehensive police reforms the larger issues of
changes in politics, bureaucracy, legal system and judiciary, cultural milieu and social capital etc
must also be addressed simultaneously. The buzzword of 21st-century government is “good
governance” and in Indian context it is “sabkasaathsabkavikas and sabkaviswas”. Achievement
of this ideal demands a trust-based relation between police and the citizens.

References
 Biblography
1. Criminology & Penology by N V Paranjape
2. Criminology And Criminal Justice System by Dr. N.M. Swamy

 Webliography

27
 1. Prakash Singh vs Union of India, Supreme Court, Writ Petition (Civil) No. 310 of 1996,
November 8, 2010.
2. “Police Organisation in India”, Commonwealth Human Rights Initiative, 2015
3. “Data on Police Organisations”, Bureau of Police Research and Development, 2015
4. of D. K. Basu vs. State of West Bengal ((1997)1 SCC 416)
5. Article 21 and 22 of the Indian Constitution
6. Kartar Singh vs. State of Punjab, (1994) 3 SCC 569
7. https://blog.ipleaders.in/
8. https://prsindia.org/policy/analytical-reports/police-reforms-india

Such complaint and more

importantly for recording the
same, would create
A sense of independence in the
police psyche which is essential
to ensure
A free and fearless police force.
6. The Police Complaints
Authority should be given the
powers to record all

28
Sorts of complaints against the
police officers and to publish
the details
There of in the website
for public scrutiny. This
would help a greater
Accountability in the police.
7. There should be a proper
enforcement mechanism for
the findings of
Police Complaints Authority.
The findings of the Authority
should be final

29
And the Police Complaints
Authority should be
designated as the sole
Disciplinary authority over the
police officials, failing with
the exercise of
Police Complaints Authority in
discharge of their duties would
go waste
In conclusion, it must be said
that if the policing in India has
to imbibe the true
Spirit of community
participation and become a
role model for the policing,
30
Then the emphasis on
executive discretion should give
way to participatory
Policing and there
administration of police should
be made more transparent
And participatory. It should
be borne in mind that in a
modern democracy
Police has a great role in
keeping the social fabric
together and ensuring the
Continuance of democracy.
Hence it is important to
modify the negative
31
Perception about the police that
is deep rooted in the
commoners psyche as
an instrument of torture by
the power wielders, and to
create a feeling of
Comity in the public mind
that police is their friend
and guide and the
Representative of common men
in combating crime, who is
accountable to
Public for their deeds and
misdeeds. Equally important
is the feeling of
32
Comfort in the minds of
police men who should be
freed from arbitrary
Interference from powers-that-
be in discharge of their duties to
ensure their
Allegiance to cause of
common men and to
uphold the scepter of justice
Entrusted to them by law
in a just and equitable
manner, acceptable to
Common man

33
Such complaint and more
importantly for recording the
same, would create
A sense of independence in the
police psyche which is essential
to ensure
A free and fearless police force.
6. The Police Complaints
Authority should be given the
powers to record all
Sorts of complaints against the
police officers and to publish
the details

34
There of in the website
for public scrutiny. This
would help a greater
Accountability in the police.
7. There should be a proper
enforcement mechanism for
the findings of
Police Complaints Authority.
The findings of the Authority
should be final
And the Police Complaints
Authority should be
designated as the sole

35
Disciplinary authority over the
police officials, failing with
the exercise of
Police Complaints Authority in
discharge of their duties would
go waste
In conclusion, it must be said
that if the policing in India has
to imbibe the true
Spirit of community
participation and become a
role model for the policing,
Then the emphasis on
executive discretion should give
way to participatory
36
Policing and there
administration of police should
be made more transparent
And participatory. It should
be borne in mind that in a
modern democracy
Police has a great role in
keeping the social fabric
together and ensuring the
Continuance of democracy.
Hence it is important to
modify the negative
Perception about the police that
is deep rooted in the
commoners psyche as
37
an instrument of torture by
the power wielders, and to
create a feeling of
Comity in the public mind
that police is their friend
and guide and the
Representative of common men
in combating crime, who is
accountable to
Public for their deeds and
misdeeds. Equally important
is the feeling of
Comfort in the minds of
police men who should be
freed from arbitrary
38
Interference from powers-that-
be in discharge of their duties to
ensure their
Allegiance to cause of
common men and to
uphold the scepter of justice
Entrusted to them by law
in a just and equitable
manner, acceptable to
Co

39