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. 2 | P a g e Journal On Contemporary Issues of Law (JCIL) Vol. 2 Issue 9 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. 3 | P a g e Journal On Contemporary Issues of Law (JCIL) Vol. 2 Issue 9 - 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. 4 | P a g e Journal On Contemporary Issues of Law (JCIL) Vol. 2 Issue 9 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.