FROM BRITISH COLONIAL POLICE ACT OF 1861 TO FREE INDIA’S POLICE LEGISLATION THE EXPECTATIONS OF MODERN CIVIL SOCIETY OF INDIA
Nityanand Joshi1
INTRODUCTION
India is a democratic Country. The importance of police is felt on every step here. The poor and middle class public expects from police the help to lead them to the doors of justice.
The establishment of police force was done by the British Rulers in India. The police act came into force in 1861. Its main aim was to suppress the Indian public’s independence movement.
In independent India, in 1947, the police got the shelter of politicians. The police which was expected to help the general public of India started helping the activities of well to do people hence no change came in the activities of the police force.
The politicians use the police as a tool to control their political opponents. The reacton is nexalities, public anger & criminal attacks.
The advertisement of police force is done by painting their image as fair & transparent agency but the fact is that generally the public is afraid of going out to the police station for registering an First information report. The political influence is required to register an First information report.
It is not sure that after registering the First information report the people will get justice or not.
The police is a pillar of the society but unfortunately it is serious to think about the grave situation Ipso facto.
There is a big shortage in the number of police force hence it is difficult to deal with the law & order in our thickly populated country.
1 Research Scholar, Jaipur National University, Jaipur Life Member, Indore High Court Bar Association, Indore (M.P.) 1 | P a g e Journal On Contemporary Issues of Law (JCIL) Vol. 2 Issue 9
It is very much complicated administration system that is working in modern India in which nobody can be easily and directly held responsible and accountable. The training is given to the people inside the police force but not to the actually front line workers. The work load on the police force is more than normal which becomes a reason of their non-capabilities and carelessness. It leads them away from liking their duties & work but under disciplinary bindings they cannot oppose it. There is wide explanation about giving the facilities to them but actually these are not available to them. This situation is even worst in the backward states of India.
The police force is an organization and if it is a strong organization, only then it can become helpful to the public expectations.
ORIGIN OF POLICE
The word polis from Unani & Polita from Latin adopted the word POLICE in English. General meaning is to maintain peace & order. Police is a state organization to maintain peace in society. The modern society’s development caused the police & court to come into existence. The police is the FIRST LINE OF DEFENCE.
The police force is increased as the development of society is in progress. Police is given training for discipline & establishing peaceful atmosphere in society.
In the rule of law, police prohibits the criminal activities, arrest the offenders investigate the crimes, put up challan before the court and reforms after the release from prisons’ or on probation or on completion of term of punishment & train the society for legal behavior in peaceful period.
In the modern development of industries & urban development, the crime rate also has gone high, illegal weapons are readily available to criminals, organized criminals are increasing under political protection, traffic in cities is increasing, and hence the role of police has increased.
In case of Prakash Singh V/S Union the Supreme Court directed the state to accept the Sorabji Committee’s recommendation repeatedly twice after a lapse of 5 years.
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It is widely accepted that the police act of 1861 drafted by British Colonial Authorities close on the heels of First War of independence 1857 must be revised.
STEPS TOWARDS REVISION OF POLICE ACT
The National Police Commission’s report of 1981 submitted New Police Bill for India. The ministry of Home affairs constituted Police act drafting Committee in 2005. After Supreme Court’s judgment Model Police bill 2006 was submitted. The bill was circulated to all the states but no police act has been passed.
Eleven states have enacted fresh police acts, two have amended old act. The Union territory of Chandigarh has adopted Punjab Police act. Other states are in process of Drafting. Delhi put up draft for Delhi Police Bill in 2010. Communities are the main beneficiaries of good policing and main victim of bad policing. Hence Community & Civil Societies participation is essential in this process. The state Government need to ensure that the legislation reflects the needs of the people in relation of the expected police service.
The Government set up National Police Commission in 1977 headed by Shri Dhamvira for review the working of police system in India which gave 8 reports & made several recommendation for police reforms but all were discarded by the Government.
Its recommendation were –
- Chief of Police of state to be assured of a fix tenure. - No external interference in police work. - Security Commission for each state. - Selection of Chief of the Police by separate committee. - Police act of 1861 should be replaced by new legislation. - Pakistan has instituted new ordinance and India is left behind in this matter. - In 1997 Central Government wrote letter to all Chief Ministers about too much external interference of police system having no public relations provisions. - As the police supports the leaders at election time the vested interests did not follow the recommendation of the commission.
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- Some states have started drafting new legislation but these lack of accountability, transparency & people’s participation e.g. the police bill in Madhya Pradesh, Andhra Pradesh, Rajasthan, Himachal Pradesh, Assam, and Punjab. - Judicial front in this matter is active SC has issued several directions. - D.K. Basu has given 10 points guideline for right of citizen when they come in police contact. - Rebero Committee was formed for finding out problems in implementation of recommendation of the committee. - In 2000 Padmanabhaiah Committee was constituted which recommended “Community Policing” to be adopted as a philosophy within the police organization.
DUTIES OF POLICE COMPLIANCE & FAILURE
The Police force has many branches in action in form of Border Security force, Indo T’bet Border Police, Central Reserve Police, Special Armed Forece, Railway Protection Force, Industrial Police Force, and Fire Brigade where Police is deployed, riots Police etc.
Police looks after law & enforcement, deals with criminals, juveniles criminals, women domestic violence & crimes against the society.
However the police is unable to control the organized crimes, white collar crimes & criminalization of the police, itself. The political activities are supported by criminal elements. Black Money is floated in elections which encourages both capturing, bogus voting, purchasing votes by distribution of liquor, Television sets, Motor Cycles, Sarees, Cash during election. The police is silent onlooker. The political agents carry voters in private vehicles. All these activities are done before the eyes of police. Police officers of choice are posted for this in the area. Police also sometimes get involve in custodial rape, corruption, custodial death, organize fake encounters etc. Police have to be cleaned of these evils.
The Police rules in India in different states are not homogeneous where local rules & traditions apply, states make rule as per their convenience & First Information Report is not possible to be lodged against police.
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ABOUT FEW POWERS OF POLICE
Under Evidence act 1872 u/s 145 the police cannot used the statement taken by them u/s 161 as a support of evidence. This statement cannot be taken as chief statement of the witness.
The names of witness are fixed by the prosecution before submitting the challan u/s 173 & list of witness is attached to it.
It is not allowed to depend upon the case diary under the rules.
Any person can approach a magistrate with his complaint u/s 201(1) if the police officer is shielding an offender.
Investigation must be completed without unnecessary delay.
Magistrate is not authorized to interfere the investigation & cannot direct how to conduct it.
Investigation in albescence of an offence can be quashed under art 226 of constitution or u/s 482 of criminal procedure code.
The First Information report in a cognizable case should be entered in writing by the police & copy must be given to the accused u/s 154 (1) (2), its summary must be entered in station dairy u/s 44 of police act 1861.
The police cannot refuse to register a complaint.
If the police officer refuses to register a complaint then it must be given to Superintendent of police in writing.
The First Information report is recorded before starting the investigation. The first informer must sign on it. It is not a substantive evidence of the facts mentioned in it. It can be used against an accused under evidence act u/s 21 & 58.
In cases which are non-cognizable, the magistrate can send the report to the police u/s 156(3) without taking its cognizance.
The investigation for cognizable offence begins only on the reason to suspect the Commission of a cognizable offence on the basis of first information report u/s 154.
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If the witness is a women or child below 15 years, statement be taken on their own residence.
Examination of witness u/s 161, 162 are in oral. The record is kept by the police. Its copy is given to accused with the challan.
PROPOSED WAY OF WORKING OF POLICE
A fixed period must be given on a certain place.
Transparency in working of police must be maintained.
No political involvement must be there.
The police must be in live contact with public.
The investigating agency must be properly trained by the higher officers. In case of search warrant, the police must do their own search before the search of a suspect.
Refresher course time to time are a must.
Salaries of the staff must be revised with the dearness of the market.
Number of staff must be proportionate at each police station.
The fear of public from police must be removed from their minds because they do not cooperate the police due to fear.
The witness must be properly dealt by the police.
The investigation agency must be separate for each police station.
The medical report is very important in the police cases. Forensic laboratories must be properly equipped.
Friendly treatment must be given to a person coming to the police station to enter a first information report.
The working hours must be reasonably fixed.
The provisions of entertainment & sports must be done for smooth working.
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Physical training must be regularly given in the police staff.
PROPOSALS FOR IMPROVEMENT OF WORKING OF POLICE
Fixed period of working at a place. No police involvement. Live contact with the public. Trained investigating staff. Refresh course for staff. Proper number of staff at a police station. Protection given to innocent person by police Fear from minds of people to be removed. Witness to be dealt properly. Medical reports must be properly controlled. Forensic labs must be properly equipped. Working hours must be reasonable Provision of Entertainment & sports. Proper & regular physical training. Senior officers to co-ordinate investigation. The present rules must be amended for investigation time limit and a reasonable time limit must be given which can be extended by the court after examining the view of the police. Trained female police at every police station.
THE BRIEF OF PRESENT SITUATION IS LIKE THIS
1. Police act of 1861 is in force at present in India
2. There have been very little amendments.
3. A police study reveals that 70% police person do not get weekly Holiday. 4. Many fold duties are allowed and the duty time is excessive.
5. The Law & Order is a state subject.
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6. The number of vacant posts is very high in the police force.
7. They are having old arms & weapons, latest weapons have been given to a few. 8. The police does not reach the spot in time.
9. In this police is not only sleeping but the whole system is sleeping.
10. Investigation mean “the whole truth must come forward”.
11. In most of the cases the challan is put up with incomplete investigation That too is delayed too much & in the main reason, the truth cannot be revealed resulting in “punishment to the accused for a crime which he had never committed.” 12. The police has got the rights of colonial role of British India.
13. Ex Justice Vaenkatchalliah said: A. The crimes can be reduced by the fear of “Punishments to be inflicted essentially on commitment of a crime” but not by hard punishments only. B. If there are more acquittals the criminals are tempted to do more crimes in future. C. 66.66% of the arrests made by the police are wrong & so needs a correction in its procedure. D. The courts are dependents on the witness system but the witness are threatened badly. E. The investigations must be essentially carried out by monitoring of high officials.
A CRITICAL STUDY OF CRIMINAL LAW AMMENDMENT BILL 2012
(i) Stepping - Following a Girl - Making calls to them - Sending gifts to them - Sending E-Mail to them - Sending SMS to them
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(ii) Stocking - Abuse by words Photos Gestures With intention to defame u/s 506 u/s 509 (iii) Naked Parade (IV) Girl Hair pulling The above have not been included as sex crimes in this bill This may lead to – (i) Eve Teasing (ii) Other sex crimes, not easy to control by the police (iii) Stripping stocking may result in rape & murder as in Priyadarshini Matto case (iv) Mental disorders can be also a result.
SOME IMPORTANT LAWS FOR WOMEN
(1) No arrest by male police officer after sunset. (2) IPC u/s 354 applicable for eave teasing. (3) IPC u/s 509 if police does not act, to complaint directly to a Magistrate (4) CRPC u/s 107,151 for following a girl, in suspect of some big crime. (5) IPC u/s 354 Molestation (6) Vishakha SC 1997 “Committee for sex harassment at work place.” (7) IPC u/s 323 Physical Assault (8) IPC u/s 125 Maintainance (9) Hindu Marriage act Divorce (10) IPC u/s 406 Retrieving (11) IPC u/s 363 Begging by Child (12) IPC 498A Physical Assault on women
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(13) Mallinath Committee The women must be punished with 5 years imprisonment on keeping sex relations with other males.
The crimes against women are to be stopped with the time by change in view for them. The police must take strict action against them so that the court may take action accordingly.
The police must issue warnings to the society & must try to give protection to the society properly which is expected from them by modern society.
The police does not register the case in time, saves itself by showing others responsibility hence shirking from their own responsibility returning the people by referring to register First Information Report, as such increase the cases of offences. The registration of cases must be frequent and their investigation must be quick & effective.
The female police must be available and posted at each & every police station.
Refresher courses must be conducted for training of policemen.
Sufficient budget must be provided for the police force.
DNA test must facilitated in sufficient laboratories & its development.
Evidence act u/s 114A must be benefited.
Audio-Video facilities must be provided.
The spot inspection must be done immediately & earliest probe must be taken up with medical tests within 24 hours, so that primary evidences must not be abolished.
CONCLUSION
With the development of modern Indian Society, the means of crime have also developed, Cybercrimes are its good example but the police has not advanced satisfactorily. The police only not looks after crime control but it also looks after very important persons duties, traffic control in Metro Cities, community policing, reforms of offenders on probation, border problems, Railway police, Industrial Police, Special area Police as Central Reserve Police, Riots force, Fire brigade where police is deployed, the religious gathering, public control, public rallies all are controlled by the police.
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Police always deals with the misbehaved person. Criminals, juvenile, criminals, criminals against women & domestic violence, cybercrimes & crimes against society.
Somehow the police is unable to control or investigate the organized & while collar crimes which are protected by the politicians. The politicians and elected members are supported by the criminal. The criminals are used in election and all their illegal activities are silently looked by the police and in the presence of police. The police officers of choice are posted in these areas who help them openly to win the election.
For such activities much has been said in previous pages of this articles and proposals for improvement or working of police have been given which have to be implemented after enactment.
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