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    Police

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    Police

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    Pooja Gadiya

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    CHAPTER ~ XVII POLICE SYSTEM This Lecture covers — le 25 Ge EP BCI Noe Ore 5 US 10. The Institution of Police: Meaning, Definition Origin and Development - i) England (UK). ji) America (U.S.A). India, iii) India. The Hierarchy of Police, Functions of the Police, The Role of Police. Duties of Police, a} The organisation of Police in India. Police Custodial Torture, Supreme Court’s Guidelines for avoidenote of custodial violence and Suggested Reforms, 1. The Institution of Police: Meaning, Definition . The term ‘Police’ is derived from the Greek word ‘Politeia’. It is equivalent to Latin word or ‘administration’. The wo Servants, whos detection and the land, ‘Politia’, which stands for the ‘State’ The Police System 165 ine civilized societies came into being, police force, in ver sil : ray G : oe has been made to function from times immemorial. Ir kf : pets SO P ry of Police from ancient times, Kautilya ack the Very histo ; ! vanavalky categorically defined the basic functions of Police and YM : getection of crimes, arrest of suspicious, protection of civil ‘ae ¥ ? ro land prevention of illegal acts’. In any country, police force plays very important role in the administration of criminal justice. The police is one of the five authorities that assist the State/Government in the administration of criminal justice in the maintenance of the law and order, peace and social security. When a crime is committed or to be committed, the first authority that comes into picture and take cognizance of the offence is the police. There are four stages in the trial of a criminal case viz, investigation, inquiry, trial and judgment. The police investigates the case within a stipulated period and submits police report to the court. 2, Origin and Development 5 a origin and development of the institution/organisation of police y be explained with reference to its historical background. all sone has been in existence in one form or other in of ota wri since the times immemorial. The institution Vajnavatign cae back to the ancient times of Kautilya and statecraft, also inenahoaias Law-giver of India and an exponent in Villages’, Kautilya mi ef a dire need of ‘police stations even, for hey were officers = oa eighteen Tirthas in the Arthashastra. Police and military fun io State. Some of them were responsible for He was responsible i ee The Danvarika was the warden of police. oF the royal palace in eeping strict vigilance on the management they w. - The Ayuktas were a kind of village police and Were responsi thos POnsible for collection those of people. of intelligence regarding the affairs of re responsi ¥ Ponsible to Rajukas and Pradesikas. The l’rativedakas Lectures on Criminology and Penology 166 i) England (ii.K): The beginning of the institution of pop civil protection against crime and social-disorder Ww in the first time in 1285 by King Edward-I with the rie iy i the Edict West Minister. This system prevailed in Bay Bato, i" centuries. By the advent of 18" century, the Mi dalgen ~ ty ‘Act was passed in U.K. A police force COnSisting at constables was set up to prevent the increasing Crime » 4 that time. In 1787, the British Parliament passed an Act . = a regular system of constabulary. for the maintenance ‘ tet and tranquility in Ireland. In 1829, the police font ayy reorganised with the passing of the Metropolitan Police i - 1 against the proposal made by Sir Robert Peel, the then i } Secretary of England and hence the constables were call * “Pealers”, Later, they came to be known as “Bobbies”, Oneg the significant developments in the British Police system is th British rural system. It consists of eight villages with ap, Puan of 2000 persons. The British police system proved to be successful since it enjoyed good public support and respect, ii) America (U.S.A): The America (U.S.A) police system was jn existence from the beginning. Before the U.S. came under the influence of the Britain, the American civilians were requited tp perform the duties of night watchman to protect the society/ public from the criminals. A regular police force for the firs time was established in New York in 1844. This system was not proved to be successful. The modern police system in U.S.A. is vested with wide powers to control the citizens and to prevent crime rate. ii) India: Police force has been in existence in India in one form of the other from the very ancient times of Mahabharata and Ramay ana/stressed the need of police force for maintenance of law and order. The history reveals that, there was a well organised police force called “Mahadandadhikari” during period of the Gupta dynasty. There were several police officials called The Police System 167 wdandadhikaris” to assist the Mahadandadhi Officer was called “Mimansaka”, There was a separat of detectives called “Guptachars” to work under the police establishment, kari. The Judicial ¢ bench ‘The Mughal rulers in India also had a well organised police >» maintaining law and order in society. The police official ‘Fauzdar’ was incharge of the entire police force with a number of subordinate officials called ‘Darogas’ or ‘Kotwals’ working under him. The detective branch of the police was called xhuphia who assisted the police in criminal investigations. The dministrator of the province was called ‘Subedar’ \ chief police ® ; . The police system during the Mughal period was jzam. or eal suited to the need of a simple and homogenous ‘ cultural community, but it could not withstand the strains of tical disorder and, therefore, with the decline of Mughal mpi, the system of police administration also collapsed. The Indian Police Act, 1861, an aftermath of the war of independence of 1857 was enacted to reorganise the police | and t0 make it mere effective instrament for the prevention and detection of crime. Certain provisions to contain,public uisance such as controlling of traffic, prevention of cruelty to animals and health hazards, drunkenness etc. were incorporated in the Act ~ In India the modern police is primarily concerned with detection and investigation of crime and apprehending criminals so deal with juvenile delinquents pymaking arrests. The police al and enforcement of a variety of Acts. The transformation of India from a police State into a welfare State after the Indian independence has brought about a radical change in the activities ofthe police. Today, India is passing through an age of political, economic and social modernization since the police has to spend agood deal of its time and effort in working with the people, : ly 168 en, xpeotations from this organisation h; t of this, the police has to assu; _ been ea Dey i ty - the society ¢ rising: eI resul i ed scenario- th the chang 3, The Hierarchy of Police nder the Police Act, 186] Stal: Every Stal Government ™ ? nspector General of Police or the Dj . -yolice force: ae a ite - of Police is incharge ° verall a i ation in the Sa im Ise ; * . a Jevel, the perinten ent of Police subject to seni aD Magistrate (Collector) will look after criminal administratio : Dig! - hierarchy of police officials working in the polj eral of Police, Deputy ria fore hey judes the Inspector General | inc intend tof Police, Circle Inspectors, Sub-] Dspectoy, I ice, SU erintende! —_ p-Inspecto® Head Constables and Recruit Const ’ etc. For the sake of @ dministrative convenience, there may be - more additiona Ss rintendents of Police and Deputy Sinaaaal o erintendent of Police ig incharge of the entire i the responsible to the District Rissa» is concemed. However, in a derabad etc., the powers el cities of Bombay, a, Madras, Hy +e and those of District Magistrate are caniien! ‘lice Commissioner. - 4, Functions of the Police are the functions of the Police - Following and investigation of crime. i) Detection ii) Prevention of crime. iii) Enforcement of laws and iv) Establishment of law and order. _ the Police System 169 investigation of Crime: The traditional a police, which remains the most important even “oh with, the criminal in action. This function wit BE section and investigation of crime, arrest of the veal cS and the collection of evidence against those who an ted in courts of law. se P a “ a Crime: Another purpose of the police force is re gvention " A) te t prevention, of crime. Traditionally tus f hinction inyDIVES ro ctl’ volt PY the police and preventive action against potential goers under the vagrancy laws. Ina more modern contest, «prevention of crime by the police includes the detection of syvenile delinquency and the reference of suitable cases to the juvenile courts and other correctional agencies, Enforcement of Laws: The third function of the police is owing tothe growth of certain problems of the contemporary period involving the enforcement of a wide variety of regulations which are not concerned directly with the criminal; direction of automobile traffic, enforcement of sanitation and licensing regulations, control of crowds, action against obscene literature and films, civilian defence and disaster management duty. = Establishment of Law and Order: The police force is shouldered with the responsibility of the maintenance of law and _ order. In this connection, the police is vested with enormous powers. Sections 129 to 148 of Code of Criminal Procedure, 1973 deal with the provisions relating to maintenance of public order and tranquility. If there is any disturbance to public peace due to unlawful assemblies, it affects the law and order. Then the police would come into picture to disperse the unlawful assemblies. . —_ we riminology and Penology 170 Lectures on 5, The Role of Police ats t role to play ina dem p e jmportan! sp The et im a win the confidence of the pee : ve , ust Y me eat underlying policing jna free, permissive and Pati d ised as democracy, may e summarise i) to contribute towards liberty, © affairs; ve ii) to help and reconcile freedom wit security, and to a 0 the rule of law; to uphold and protec lt follows: ny quality and fraternity in buna, t human rights; tribute towards winning faith of the people; security of persons and property; t and activate the prosecution g \ a iv) toco vy) to strengthen the to investigate, idetec offences; to facilitate movements on highways and curb publi disorder; i to deal with major and min jn distress. vi) a vi iD or crises and help those who are dia is functioning under the Indian Police Act, as amended/modified in 1912. The development of modem techniques has thrown new challenges before the police force. Modem scientific devices have made the law-breakers more successful and difficult to catch. The police should, therefore, be thoroughly conversa! with the new techniques of crime-control. The use of computer system and augmentation of the existing communication system would serve the police efficiency. a useful purpose for boosting up Police cases mostly fail because of the lack of public co operation. People in general are reluctant to come forward as witness and assist the police in apprehending criminals. This indirectly help» the offenders to escape detection or conviction. The members 0! ise canst walise that itis their social as well as moral obligation The police force in In ae The Police System pelp the police in suppression of crimes. There is no point in bisinm police without extending them adequate help and supp, . jo forcin the law and protecting the life and property o bikece ie. Expressing his views on the functioning of the Police in India the jurist Nani Palkhiwala observed, “a professional and Selita lice force is valuable in every society but it is invaluable ina society e ours, which is marked by three characteristics of divisiveness, Mi and non-co-operation.” i 6. Duties of Police 171 ‘ duties of the police may be explained with reference to the «heads - win ‘i ll : Investigation. i ii) it) iv) v). v) I vestigation: Section 2(h) of the Code of Criminal Procedure, i) oT deals with investigation by the Police. Investigation is always : cted by a Police Officer. It includes all the proceedings the Code for the collection of evidence. In other words, the Police Officer conducts investigation and collects evidence forthe purpose of inquiry and trial by, the Court. Law and order. Patrolling and surveillance. Interrogation of offenders and suspects Search and seizure Duty to assist the Public prosecutor. The purpose of investigation is to collect evidence and apprehend the culprit. It is the duty of everyone concerned to assist the police in their work. The police can question any person supposed to be acquainted with the facts and 5 172 of the.case, and an) ii) iii) jogy and Penology Lectures on Crimino! y such person shall be 4, ung relating to such case.In investiga , ing a person to bea witness tig , cof the crime being investign 0 h police officer o, a circumstances to answer truly all questions T°" call in writ a police officer can a ners? e ae ‘yrisdiction of suc: om ‘on, The witness so called , has to a ay lice officer, but a woman or a. child below 15 Be required by the police officer for = to any place other than their own resj ae before the po of age cannot be investigation to £° ance of Law and Order is the prima e. In this connection, they move here af diction to pick out culprits and take ¥ rimes, riots and violence. The Police d resort to preventive measures ang Law and Order: Mainten function of the polic there within their juris necessary steps to prevent c steps an ticularly during festivals and elections ha, Assembly and Local authorities take precautionary security proceedings pa! of candidates to the Lok Sab) nd Surveillance: Patrolling is the visible police se of gencral watch and ward. In all the ¢ S.H.O (Station House Officer) is helg f law and order and deployment nn areas mobile patrols with Patrolling 2 function for the purpo rural police stations, th responsible for maintenance 0: of policemen for patrolling. In urba: wireless telecommunication are arranged. Surveillance is yet another important function of the police which is based on anti-crime work. Presently this work de hap ; entirely on dossiers and watch-charts, kept in at the Pai ; Station. Each police station generally has a list of criminals a sree ee peta’ which tt special watch. The ! D e criminals is kept on cards arra ene in Bene operandi boxes and their ania ited in the police station.In the modern age of computers, The Police System 73 tall necessary information regarding notorious e Sint should be fed into the computer pool, Saad to readily by the investigator at the police Ae

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