Criminology

Police Science and Law Enforcement

Constitutional Provisions Regarding Police in India -
Executive Powers and Duties of Police Officers

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 Role Name Affiliation
Principal Investigator Prof. G.S. Bajpai Professor/Registrar, NLU, New Delhi

Co-Principal Investigator

Paper Coordinator Dr. Mithilesh Narayan Assistant Professor, Sardar Patel

Content Writer/Author
Content Reviewer
Bhatt
Mrs. Sheetal Makhija
Dr. Deepshikha Agarwal
University of Police, Security and
Criminal Justice, Jodhpur
Assistant Professor, Sardar Patel
University of Police, Security and
Criminal Justice, Jodhpur
Associate Professor
USLLS, GGS I P University,
Sector 16 C, Dwarka, Delhi

DESCRIPTION OF MODULE

Items Description of Module

Subject Name Criminology
Paper Name Police Science and Law Enforcement
Module Name/Title Constitutional Provisions Regarding Police in India -Executive Powers
and Duties of Police Officers

Module Id Crim/PSLE/IV
Objectives Learning Outcome:
 To make the learners understand the Constitutional Provision regarding
police in India;

 To make the learners understand various executive duties of

police officers in India

 To acquaint the learners with the various executive power of

Police officers in India.

Prerequisites General understanding of the Constitutional Provisions Regarding Police

in India -Executive Powers and Duties of Police Officers.

Key words Police, Jurisdiction, administration, Cr.P.C., IPC, Crime

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Constitutional Provisions Regarding Police in India -Executive Powers and Duties of Police
Officers

1. Introduction: A formal police system existed in ancient India. The statecraft was supposed to
be guided by the four themes of ‘arth, kam, danda and bheda’; literally deliberate and crafty
application of money, sex, force and dissension to weaken the enemy and strengthen the rule of
the king. Ramayana and Mahabharata both describe the efforts of local administrators who were
responsible for the safety and security of citizens and for keeping the king informed about the
welfare of the people. In Arthashastra, Kautilya (Chanakya) has described in detail the system of
internal surveillance and the variety of posts that were created to provide security in the
kingdom.

A more elaborate and formal policing system was established by the Mughals during their long
reign lasting three centuries. During the medieval period, police and public work duties were
entrusted to an official known as Muhtasib. According to Ain-e-Akbari, the administrative
structure consisted of Fauzdari (the principal representative of the Emperor), Mir Adal and Kazi
(the head of judicial department) and Kotwal (the chief police official of large cities). The routine
duty of the police was to patrol throughout day and night to guard the vantage points. Leading
men were appointed wardens in every quarter of the city; and thus public co-operation was
enlisted. The reorganization was entrusted to a Police Commission appointed in August 1860
with the avowed intended to make police an efficient mechanism for the prevention and
detection of crime.

Nonetheless, an internal government memo to the Police Commission was told to accept in mind
that ‘job of a police are either protective and oppressive or detective’ and separation of that of
protective and oppressive function of a civil force from functions purely military, may not
always, in India be very clear’. The British were, after all, an alien element in Indian society
interested not in raising a professional police for basic crime work and public service, but in

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maintaining imperial control over the country for purpose of exploitation of its resources and to
develop it as a market for British goods and manufacturers. The British needed a police system
to deal effectively with the possibilities of agrarian industrial unrest. Thus, the Police Act of
1861 was enacted to formulate the police system in India.

2. Constitutional Provisions Regarding Policing in India: The annual report of the Ministry of
Home Affairs (MHA) notes that while ‘public order’ and ‘police’ are placed under the state list
of the Seventh Schedule of the Indian Constitution, article 355 entrusts the Union Government
with the internal disturbance, and of ensuring that government in every state is carried on in
accordance with the constitutional provision. The MHA thus extends manpower and financial
resources, guidance and expertise to the state government for maintenance of peace and security
without ‘trampling upon the constitutional rights’ of the states. The allocation of business rules
divides the work of the ministry between the Department of Internal Security, the Department of
States, the Department of Official Language, the Department of Home, and the Department of
Jammu and Kashmir (J&K).

It has been observed that the role of the Government of India in the arena of ‘public order’ must
be inferred from the entire scheme of the Constitution of India. Several provisions indicate a
clear field of action for the central government ‘above and beyond the limits of the states’. Since
the issue of internal order and peace has become invisible, it necessitates the formulation of
policies at the national level. Guidance and coordination from the Union Government becomes
necessary to maintain law and order at the state level. Specific provision in List I of the Seventh
Schedule of the Constitution allow the Central Government to maintain specific police
institutions and render assistance to the states. The centre is to maintain armed forces, Central
Bureau of Investigation (CBI) and the Intelligence Bureau (IB), training institutions, institutions
for scientific and technical assistance for investigation and detection of crime and the All India
Services. Under these provisions, the Centre has created and maintenance numerous
organizations, bodies and institutions. Further, the Central Government has, as its disposal,
considerable financial resources to assist the states in police matters. The Seventh Schedule, List
I, entries 2 and 2A, also provide for central assistance to states, guarding the borders and the
maintenance of CPFs.

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The Union List also includes the subjects of training of police officers, scientific and technical
assistance to states for the purpose of investigation and detection of crime, and extends the power
and jurisdiction of police force members of any state to any other area outside the state. The
Central Government also has a responsibility for coordination among states in investigation by
the CBI and in intelligence operations. The Bureau of Police Research and Development
(BPR&D), a central agency attached to the Union Home Ministry, coordinates the training and
modernization of police forces. The bureau undertakes research into police problems and
promotes science and technology. The Intelligence Bureau (IB), an ‘attached office’ of the
MHA, is in charge of ‘secret and political intelligence’ collection and provides the ministry with
regular law and order updates and political analysis on the situation in different parts of the
country.

Unlike defense and external affairs, which are the direct responsibility of the central government;
internal security is the responsibility of the state governments. This poses serious problems for
the Union Home Ministry, which is removed from the stage governments. The factors behind
civil strife differ from state to state, though events in one state often have wider ramifications.
The complex factors behind social conflicts in states are not always easily anticipated. The Joint
Intelligence Committee (JIC) was set up at the central level to go into internal security issues and
to analyze the all-India situations from time to time, to anticipate problems and be better
prepared to deal with them. The institutional arrangements to deal with internal security at the
central level have been commented in several studies.

3. Executive Powers and Duties of Police Officers: There are several types of powers and
duties of Police Force. Powers of the police in India are vested in The Police Act 1861 and Code
of Criminal Procedure (Cr.P.C.). It has been observe in other Government organizations, there
are fixed or limited duties, but in police force there is diversity of work in the duties even though
they are paid less income/remuneration compared to other employments. The role and functions
as per sec. 57 of Model Police Act, 2006, of the police in general are follows:
i. To advocate and implement the law objectively, and to shield life, liberty, property,
human rights, and dignity of the members of the public;

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 ii. To promote and preserve public order;
iii. To defend internal security, to prevent and control terrorist activities, breaches of
communal harmony, militant activities and other situations affecting Internal Security;
iv. To protect public properties including roads, railways, bridges, vital installations and
establishments etc. against acts of vandalism, violence or any kind of attack;
v. To prevent crimes, and diminish the opportunities for the commission of crimes through
their own precautionary action and measures as well as by supporting and cooperating
with other appropriate agencies in implementing remedial measures for prevention of
crimes;
vi. To precisely register all complaints brought to them by a complainant or his
representative, via personally or received by post, e-mail or other means, and take quick
follow-up action thereon, after duly acknowledging the receipt of the complaint;
vii. To register and investigate all cognizable offences that comes to notice through such
complaints or otherwise, duly provifing a copy of the First Information Report to the
complainant, and where appropriate, to detained the offenders, and extend required
support in the prosecution of offenders;
viii. To form and uphold a feeling of security in the community, and as far as possibly prevent
conflicts and promote amity;
ix. To provide, first responders, all possible help in situations arising out of natural or man-
made disasters, and to provide prompt assistance to other agencies in terms of relief and
rehabilitation measures;
x. To aid individual, who are in danger of physical harm or property, and to provide needed
help and provide relief to people in distress situations;
xi. To assist organized movement of people and vehicles, and to control and regulate traffic
on roads and highways;
xii. To gather intelligence of matters affecting public peace, and all type of crimes such as
social offences, communalism, extremism, terrorism and other issues in relation to
national security, and circulate the same to all concerned agencies, in addition acting as
appropriate on it themselves.
xiii. To take charge, as a police officer on duty, of all unclaimed property and take appropriate
action for their safe custody and disposal in accordance with the procedure prescribed.

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xiv. To guide, encourage and ensure welfare of police personnel.
3.1. Social Responsibilities of the Police: Every police officer as per sec. 58 of the Model Police
Act, 2006, shall perform following functions:
i. Maintain a good conduct and behave with the members of the public with due courtesy
and decorum, particularly so in dealing with senior citizens, women, and children;
ii. Direct and aid members of the public, specially senior citizen, women, children, poor
and indigent, physically or mentally challenged individuals, found in helpless condition
on the streets or other public places or otherwise need help and protection;
iii. Offer all required assistance to the victims of crime and of road accidents, and in
particular, ensure prompt medical aid to them, irrespective of medico-legal formalities,
and facilitate compensation and other legal claims;
iv. Ensure that in any situations, especially during conflict between communities, classes,
castes and political groups, the conduct of the police is abide by the principles of
impartiality and human rights norms, with special attention to protection of weaker
sections including minorities;
v. To put check on harassment of women and children in public places and public transport,
including stalking, making objectionable gestures, signs, remarks or harassment caused in
any way;
vi. Provide all necessary assistance to the members of the public, particularly women,
children, the poor and indigent persons, against criminal exploitation by any person or
organized group;
vii. Arrange for legally allowable sustenance and shelter to every person in custody and
making aware to all such person about the provisions of legal aid schemes available from
the Government and also inform the authorities concerned in this regard.
viii. Preserve, promote and safeguard human rights and interests of weaker sections, backward
classes, poor, weak and the oppressed.
3.2. Sec. 58 of the Model Police Act, 2006: The State Government when declares any specific
service to be an essential service to the community, it shall be the duty of the police to provide
the essential services and every police officer must follow any order given by any officer
superior to him in relation with the service specified in the declaration by the government.

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3.3. Sec. 60 of the Model Police Act, 2006: A senior police officer may act upon any duty
assigned by law or by a lawful order to any officer subordinate to him, and may aid, supplement,
replace or prevent any action of the subordinate by his own action or that of any person lawfully
acting under his command or authority, whenever the same shall appear necessary or convenient
for giving more complete or expedient effect to the law or for avoiding any infringement thereof.
3.4. The list of Police Duties, Functions and Jobs: from above mentioned description of police
work and functioning, a list of police duties, functions and jobs can be prepared in the following
manner:
 Investigation
 Crime prevention and preservation of peace and security
 Crime detection work
 Order maintenance and security jobs
 Enforcement of Social Legislation, Minor, Major and Special Acts
 Collection of Intelligence
 Democratic and election related duties
 Natural calamities, disaster management and emergency duties
 Maintenance of Police Records
 PRO duties
 Assistance to other departments
 Miscellaneous duties and functions.
3.4.1. Investigation related duties and jobs: This would include police functions like:
 Crime registration
 Guarding, protecting visit to the scene of crime
 Lifting, handling and packing of exhibits and sending them to various
places like the PS, SP office, FSL and other places calling witnesses and
serving notices to them.
 Calling witnesses and serving notices to them
 Arresting criminals and suspects
 Search and seizure proceedings during an investigation
 Interrogation of suspects, witnesses and criminals

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  Collection and recording of various types of evidences i.e. oral,
 Documentary and expert opinion etc.
 Taking criminals to courts for police/judicial custody and trial
 Raids for various purposes.
3.4.2. Crime prevention and preservation of peace and security: This would include:
 Gast and patrolling, including nakabandi, performing picket and
ambush jobs, checking vehicles and frisking passengers
 Surveillance and checking of bad characters
 Preventive arrests
 Collection and transmission of criminal intelligence
3.4.3. Crime detection work: The crime detection job profile would include:
 Gathering of information/intelligence about criminals of various types
and taking notes from the CIG.
 Formation of mukhbirs/informers and building contacts with the
members of criminal tribes and other segments of society so as to
obtain useful information with regard to the detection of various
property and other offences like murder, dacoity, robbery etc.
3.4.4. Order maintenance and security jobs: This profile would include among other things the
following tasks:
 Inspection, watch and action to be taken during peaceful processions,
demonstrations and strikes of various types
 Strict step to be taken on agitating and unruly mobs. This would include
pushing off agitators, stopping them with improvised barricades and
effective intervention to contain mobs under the instructions of senior
officers and the use of force whenever needed
 Protection of imperative installations when rise in of crimes and
emergencies of various types
 VIP security and functioning of various duties during VIP visits in
different capacities.

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3.4.5. Enforcement of Social Legislation, Minor, Major and Special Acts: Performance of this
role would require the police:
 To know the significance and importance of various social legislations
like Child Marriage Restraint Act, Protection of Civil Rights Act, anti-
dowry, guest-control and other social legislations which provide a
positive and adequate push to social change in a development-oriented
society like India. The role of a constable in the implementation of
these acts has to be an integral part of the job profile of the
constabulary.
 To know the significance and importance of various local, special and
minor acts along with the role of constabulary in the effective
execution of the various provisions thereof.
3.4.6. Collection of Intelligence: Police are required to collect intelligence about:
 Any incident of law and order
 Political activities
 Labour activities
 Student activities and agitations thereof
 Communal tensions and events
 Employees' associations and strikes by them
 Criminal activities
 Miscellaneous activities and events tending to destroy peace and
tranquility.
3.4.7. Democratic and election related duties: In order to perform their role adequately the
police must know-
 Importance of elections
 Types of elections
 The role of police in ensuring the conduct of free, fair and impartial
elections
 Various duties of a constable during different types of elections.

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3.4.8. Natural calamities, Disaster and emergency duties: Various jobs like saving life and
property, providing shelter, rehabilitation, evacuation of people from crisis situations and their
transportation during-
 Fires
 Floods
 Famines
 Spread of an epidemic
 Outbreak of war or external aggression
 Internal disorders like communal riots, struggle between various
classes, castes and sects and other clashes
3.4.9. Maintenance of Police Records: This would include-
 Proper handling of the record
 Preserve and maintenance of the record
 Preparation, destruction, revision and modification of the record of
various police units
3.4.10. PRO duties: Police are the most visible and effective PROs of the police department.
They should thereof understand-
 Importance of PCR and its present state in the area of their operations
and functions and
 Role of constables in improving PCR and police image.
3.4.11. Assistance to other departments: This would include assistance to-
 The education department during examinations, students, and
employees' strikes and other situations of disorder,
 The revenue department and loaning organizations for recovery of
loans revenue collection etc.,
 The departments like banks and municipalities for guards etc for the
removal of encroachments etc, and
 The other departments as and when the need arises.
3.4.12. Miscellaneous duties and functions: This would include-
 Ceremonial duties

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  Discharging regulatory duties and regulation of traffic and traffic
management duties.
 Comprehension of the norms of loyalty, commitment, neutrality and
impartiality in the discharge of one's functions
 Obligation and commitment to the Govt. and to the police organization
 Contribution of constables during anti-dacoity operations, raids,
emergencies, rounding up of and controlling of goonda and anti-social
elements.

4. Conclusion: Police are one of the most omnipresent organizations of the society. The
policemen, therefore, happen to be the most perceptible representatives of the government.
During any crisis, danger, or difficulty, when a citizen does not know, what to do and whom to
approach, the police station and a policeman happen to be the most appropriate and accessible
unit and person for him. The police are expected to be the most available, interactive and
dynamic organization of any society. Their roles, functions and duties in the society are natural
to be varied and diverse on the one hand; and complicated, complex on the other hand. Generally
speaking the twin roles, which the police are expected, to perform in a society is maintenance of
law and order. However, the consequence of these two duties are numerous, which result in
making a large inventory of duties, functions, powers, roles and responsibilities of the police
organization.

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