Role of Indian Police in Administration of Criminal Justice

Introduction

The Indian police play a significant part in the criminal justice system. The primary goals of the
Police are to assist the victim immediately, take preventative measures, apprehend the accused, fairly.
investigate the crime, and enforce and preserve law and order conditions.

Powers of Police Officers

The Criminal Procedure Code does not mention anything about the constitution of the police.
assumes the existence of the police and devolves various powers and responsibilities onto it. More
Expansive powers have been given to police officers in charge of a police station.

History of Police Administration in India

The first British leader to attempt to reform the police system was Lord Cornwallis. In 1791, he
appointed a Superintendent of Police for Calcutta, and from that point on, he focused on
theMofussil.

In 1793, Cornwallis ordered the District Judge to open a police station every 400 square miles, staff it
with a regular police station officer, and remove police authority from the Zamindars of Bengal,
Bihar, and Orissa. The Daroga was his nickname. However, Kotwal remained in charge of the local
police force.

Between 1801 and 1860, the country’s police system underwent a series of botched attempts to be
organised. First, it was attempted to be organised in various ways by each province. A similar effort
was made in 1816 by Sir Thomas Munro, who transferred the Madras Superintendent of Police from
the Judge to the roving Collector, who was in charge of the local village police. Other provinces soon
followed this.

In the recently captured region of Sind, presently in Pakistan, Sir Charles Napier set out in 1843 to
establish a police agency modelled after the Royal Irish Constabulary. According to his concept, the
police force would still report to the Collector while being overseen by a district-level official whose
sole responsibility was supervising and directing them. Napier established a distinct police force with
its officers in charge. The Inspector General of Police and the Superintendent of Police provided
leadership throughout Sind, respectively. The latter was answerable to the District Collector and the
Inspector General of Police.

The Governor of Bombay, Sir George Clarke, appointed full-time European Superintendents of
Police in numerous areas in 1848. The police in Bombay were reorganised in 1853 along Napier’s
standards.

The 1857 uprising made the Indian government aware of the need for immediate police.
reorganisation. As a result, a commission was established in 1860 to investigate the government’s
Requirement for police thoroughly. The Indian Police Act of 1861 included its primary suggestions.
The Act’s objectives were to reorganise the police and make them a more effective tool for
investigating and preventing crime. Without any significant modifications, this Act is still in effect in
India.

Meaning of Police: According to the Indian Police Act of 1861, police means all persons who shall
be enrolled under the Act.

Meaning of Police Station

A police station is a physical facility or building operated by a law enforcement agency, typically at a
local level, where police officers carry out various administrative and operational functions related to
maintaining public order, enforcing laws, preventing and investigating crimes, and providing
assistance and services to the community. It serves as a base of operations for police officers assigned
to a particular geographic area or jurisdiction.

Role of Police in the Administration of Criminal Justice

The police force is an instrument for the prevention and detection of crime and is established and
enrolled by every state government under the Police Act of 1861. Prevention of crime and
maintenance of public order are the major functions of the police. According to 1861 Act, Police
functions are to prevent commission of offences and public nuisances; bring offenders to justice;
collect information affecting public peace; and keep order in all public places, keeping in view the
changing political and social scenario.

The Delhi Special Police Establishment Act of 1946, which established theCentral Bureau of
Investigation(CBI), has played a crucial role in recent police operations. The CBI is known for its
perceived impartiality and independence, which has often led the public to demand investigations by
the CBI instead of relying on state police investigations. In certain cases, the judiciary has bypassed
the inherent restrictions outlined in sections 3, 4, and 5 of the Act and ordered investigations to be
conducted by the CBI. This demonstrates the judiciary’s confidence in the CBI’s ability to conduct
fair and unbiased investigations.

The overall administration of the police in the entire state is vested in the Director-General of the
Police. However, the administration of police in every district vests in the District Superintendent of
Police under the general control and direction of the District Magistrate, who is usually the Collector
of the District. Every police officer appointed to the police force other than the Inspector-General of
Police and the DGP receive a certificate in the prescribed form by virtue of which he is vested with
the powers, functions, and privileges of a police officer which shall cease to be effective and shall be
returned immediately when the police officer ceases to be a police officer.

The U.N. Congress on the Prevention of Crime, held in 1970, identified urbanization, industrialization, population.
growth, internal migration, social mobility, technological changes etc. as the criminogenic factors.
Communal tension and other social tensions are also the causes of crime due to which public order
gets disturbed and violence breaks out.

The main task of police is to enforce law and order, protect the citizens and safeguard their property.
The police have to play a positive role in the scheme of social defense. It can no longer take a
restrictive view of their role. In a democratic society, the role of police is linked to social service. It is
an important area where police have been assigned a positive role in relation to social legislation.
These legislations touch upon the lives of the people at countless number of places. This provides
various opportunities to serve the people and proves to be a challenge as well.

In the changing political context, the police have to function as officers of law rather than as officers.
of the Government or Party in power. According to the National Police Commission set up by the
Government of India in 1977, the duties and responsibilities of the police are to:

Promote and preserve public order;

Investigate crime;
3. Identify problems and situations that are likely to result in the commission of crimes;
4. Reduce the opportunities for the commission of crimes through preventive patrol and other measures.
appropriate police measures
5. Aid and cooperate with other relevant agencies in implementing appropriate measures for
prevention of crimes;
Aid individuals who are in danger of physical harm;
Create and maintain a feeling of security in the community;
8. Facilitate orderly movement of people and vehicles;
9. Counsel and resolve conflicts and promote amity;
10. Provide other appropriate services and afford relief to people in distress situations;
11. Collect intelligence relating to matters affecting public peace and crime, including social and
economic offences, and national integrity and security.

In Prakash Singh vs UOI, (2006) 3 S.C.C. (Cri) 417, the Supreme Court issued some guidelines for
the police set-up and directed the states and the centre to reorganise their police set-up as envisaged
in its judgment.
The Code of Criminal Procedure confers specific powers on the members of the police force who are
enrolled as police officers

Power to make an arrestSection 41 of the CrPC

The procedure of arrest and duties of the officer making an arrestt (section 41B of CrPC)
How to make an arrest(section 46 of the Criminal Procedure Code)

Power to seize offensive weapons(section 52 of CrPC)

Power of police officer to take certain property(section 102 of CrPC)
Police to prevent cognizable offenses(section 149 of CrPC)
Information in cognizable cases(section 154 of CrPC)
Power to investigate non-cognisable cases(section 155 of CrPC)
Power to investigate cognizable cases(section 156 of CrPC)
Procedure for investigationion (section 157 of CrPC)
Power to hold investigationion (section 159 of CrPC)
Power to require the attendance of witnesses(section 160 of CrPC)
Examination of witnesses by policee (section 161 of CrPC)
Recording of confessions and statements(section 164 of CrPC)
Medical examination of the victim of rapee (section 164A of CrPC)
Search by a police officer(section 165 of CrPC)
Procedure when investigation can’t be completed in 24 hours(section 167 of CrPC)
Report of the police officer on completion of the investigationInvestigation (section 173 of CrPC)
Police to enquire and report on suicide, etc.c. (section 174 of CrPC)
Power to summon persons(section 175 of CrPC)

The police officers in charge of police stations have been given broader powers as the Code of
Criminal Procedure requires them to play a pivotal role in investigating and preventing crime. But
they do not have powers to look into complaints that do not contain allegations of commission of
cognizable offences. Under sections 177 and 178 of the CrPC, the police have broad jurisdiction
enabling them to inquire into a complaint already filed in another jurisdiction.

Conclusion

In India, the police system has a long history, though in its present form it came into existence during the
British rule. In a developing society, the police have an important and positive role. Its functions are
many and varied ranging from maintenance of law and order to social defense. It is considered as an
instrument of change in a modern society. Policing in India is a State subject. However, the Central
The government has some role to play in the areas of legislation and also in the provision of police force.
in the States. In this Unit, we have discussed the background and structure of Police Administration
at the Central, State, Range, District and Sub-District level. This discussion was followed by an
analysis of the role of police and conditions of Police Stations in rural and urban areas. Finally, we
have discussed a few important and critical issues confronting the Police Administration. This
the organization has been a highly centralized one and it has not been able to imbibe the spirit of
democracy as a way of institutional life. The organisational accountability via higher-level
Supervision is no substitute for public accountability. There is a need to reorganize the police.
organisation. In the next Unit, we will concentrate on the Municipal Administration in India.