police in criminal justice administration

8/18/2019 Police in Criminal Justice Administration

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Police in Criminal JusticeAdministration


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Police and Constitution of India

• The Constitution puts police and public order

in the State List of the Seventh Schedule

giving the State Legislatures the powers to

legislate on these subjects.

• Assigns a definite role of supervision and

coordination to the Union Government also

in the matters pertaining to police


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g

• While police and public order are within theState field of legislative competence;preventive detention for reasons connectedwith the security of a state, the maintenance

of public order and persons subjected to suchdetention are under concurrent jurisdiction ofParliament as well as State Legislatures.


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Police & Constitution of India

• Article 249 of the Constitution gives powers to

Parliament to intervene in state police

administration, if there is enough justification

for doing so.


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Police Acts

• The Police Act of 1861, which prescribes the

framework of police, is the nucleus structure

around which the various central and varying

state laws have grown to organize policing at

village, tehsil, district, State and Union levels.

• The Police Act of 1888 was enacted to create

general police districts embracing parts oftwo or more provinces.


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Police Acts •

It provided that the superintendence of the police throughout a general police district, shall vest in the Central

Government.

• The Police (Incitement to Disaffection) Act, 1922 - enacted

to penalise any attempt by means of threats, intimidation and

otherwise to induce members of the police force to refrain

from doing their duty and to spread disaffection among them.


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Police Acts

• After independence another Police Act was

passed in 1949 which empowered the Central

Government to constitute a general police

district embracing two or more UnionTerritories and applied the provisions of the

Police Act, 1861 to such a general police

district.


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Police Acts

• The Police Forces (Restriction of Rights) Act,

1966 provides for the restriction of certain

rights conferred by Part III (Fundamental

Rights) of the Constitution in their application

to the members of the forces charged with the

maintenance of public order so as to ensure

proper discharge of their duties andmaintenance of discipline among them.


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Powers of Police

• In addition to the Police Acts, the police

derives powers from the Cr.P.C., I.P.C., Indian

Evidence Act and numerous other central and

state criminal laws. Chapters IV to VII, and Xto XII of the CrPC contain detailed provisions

relating to the powers of the police including

the power to arrest, search, investigate,disperse unlawful assembly, take preventive

action.


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Police Forces in India

• The police forces in India are

broadly divided into two,

namely,

–State Police and

–Central Police Organizations.


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State Police

• The entire police establishment under a State

Government is deemed to be one police force.

• The superintendence of the police throughout a

State is vested in and, is exercised by the StateGovernment and except as authorized under the

provisions of the Police Act, 1861, no person,

officer or court can be empowered by the StateGovernment to supersede or control any police

functionary.


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Field Establishment


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District Level

• States are divided territorially into

administrative units known as districts. An

officer of the rank of Superintendent of Police

heads the district police force.


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Range

• 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 moreranges, under the charge of an officer of the

rank of an Inspector General of Police.


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Sub-divisions

• 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 anumber of police stations, depending on its area,

population and volume of crime. Between the

police station and the subdivision, there arepolice circles in some states - each circle headed

generally by an Inspector of Police.


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Police Station

• 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 areassigned to constables for patrolling, surveillance, collection

of intelligence etc.


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Police Station

• 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.


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Specialized Units

• There are specialized units and branches in

the State, districts and police

commissionerates which perform the

subsidiary functions and work in coordinationwith the executive police. These include

criminal investigation department,

intelligence branch, traffic branch, motortransport section, wireless section, dog units,

training institutions, etc.


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Police Commissionerates

• Some states have set up policecommissionerates in some cities. Under thissystem, a certain area of one or more districts

is put under the control of a Commissioner ofPolice instead of Superintendent of Police.

• Commissioner of Police may be of the rank ofD.I.G.P. or I.G.P. or even Addl. D.G.P./D.G.P.according to the size and sensitivity of thearea.


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• A police commissionerate is divided into various

territorial units such as regions, zones, divisions,

etc. Officers of the rank of Dy.S.P., S.P., D.I.G.P.,

and I.G.P. are posted as Assistant Commissionerof Police, Deputy Commissioner of Police,

Additional Commissioner of Police, and Joint

Commissioner of Police respectively to assist the

Commissioner of Police.


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• All these officers enjoy magisterial powers

under the provisions of the Cr.P.C. and other

state/central Acts to effectively discharge their

duties of crime prevention and maintenanceof law and order.


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Recruitment

• The members of the Indian Police Service, who

occupy senior positions in the State as well as the

central police organizations, are recruited by theUnion Government.

• The I.P.S. is an All India Service, created under

Article 312 of the Constitution of India. Theservice conditions of the members of the Service

are governed by the Union Government.


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Recruitment

• Recruitment to the state police is done

generally at three levels - Constable, Sub-

Inspector/Asst. Sub Inspector and Deputy

Superintendent of Police. In addition, there isrecruitment to the IPS at the level of Assistant

Superintendent of Police.


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Recruitment

• Recruitment of the officers of the State police

is done by the concerned State Government.

In most of the States there is direct entry to

the ranks of Constable, Sub-Inspector of Policeand Deputy Superintendent of Police.


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Recruitment

• Recruitment of police officers of the rank of

Sub-Inspector and above is done by the StateGovernments on the recommendations of theState Public Service Commission or arecruitment board.

• Constables and other lower ranks are directlyrecruited by the district S.P./C.P. orCommandant of the armed battalion.


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Recruitment

• There are two methods of recruitment to

the I.P.S

–

direct recruitment on the basis of acompetitive examination held by Union

Public Service Commission, New Delhi, and

– by promotion of substantive members of a

State Police Service.


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Postings, promotions and transfers

• In the current system of promotions in the

Indian police force the existing scope for

political interference is widely used.

Subjective promotions exist and the executiveis often directly involved. Postings and

transfers on the other hand are vested in the

hands of the higher ranks in the policehierarchy and apply to all levels.


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Police Reforms in India

• The very fact that the present system of policing is

governed by Centuries' old "Police Act of 1861"

which is still in force, gives a clear idea about the

necessity of police reforms in India.

• Even after terrorist attack, multi-crore scams and

internal security threats like Naxalism, political classis less willing to loosen its grip on police & are not

letting them do their job.


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Ground situation

• Every Circle or Sub Inspector is chosen afterconsideration of local MLA’s choice.

• Caste & “flexibility” of the concerned police

also determines posting.• At the State level, promotion is offered to

those who can “serve” to ruling party


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POPULATIONS VS. POLICE – GLOBAL TREND


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POPULATIONS VS. POLICE – GLOBAL

TREND

• In 2006, an analysis by the United Nations

indicates an approximate median of 300

police officers per 100,000 inhabitants.

• Global average ratio of police-population is

300 per one lakh. In India it is 130 per one

lakh.

• Less number, ill-trained, ill-equipped police

enhances vulnerability of people.


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Duties and Responsibilities of the Police

(Under Police Act, 1861)

• Obey and execute all orders and warrantslawfully issued by any competent authority;

• Collect and communicate intelligence affecting

the public peace;• Prevent commission of offences and public

nuisances;

• Detect and bring offenders to justice; and

•Apprehend all persons whom he is legallyauthorised to apprehend and for whoseapprehension sufficient ground exists.


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Central Police Organisation

• Intelligence Bureau

• Central Bureau of Investigation

• Bureau of Police Research & Development. (BPRD)

•

National Crime Records Bureau• National Investigation Agency

• Sardar Vallabhbhai Patel National Police Academy,Hyderabad.

• North Eastern Police Academy ,Shillong.• National Institute of Criminology & Forensic Science.

(NICFS)


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Police Reform initiatives in India


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Reform initiatives

• A long recognized need.

• More than 30 years of debate and

discussion by government createdcommittees and commissions on the way

forward for police reform, but India

remains saddled with an outdated andold-fashioned law.


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National Police Commission

• The National Police Commission (NPC)

was appointed by the Government of

India in 1977 with wide terms of

reference covering the police

organisation, its role, functions,

accountability, relations with the public,political interference in its work, misuse

of powers, evaluation of its

performance etc


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National Police Commission

Mission• To provide Law Enforcement Policing with a Firm

Foothold in the Future.

• To Raise the Standards of Professionalism in LawEnforcement Policing and Prison Correctional Services.

• To Optimally Blend Humanity with Technology toProduce Sustainable Institutional Cost - EfficientOutcomes.

• To Foster a Scientific, but humane, spirit of public-centric improvement in the Law Enforcement Policingand Prison Correctional Services across the country.

• To Devise Ways and Set Minimum Standards forImproving Police-Public Interface.


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NPC

• This was the first Commission appointed at

the national level after Independence. The

Commission produced eight reports between

1979 and 1981.

• Main recommendations

police in criminal justice administration

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