• Under the Indian Constitution, the Police are a state concern.

• However, there are similarities between the states, due to three main
reasons.
• First, all state polices are structured and regulated by the Police Act of
1861 or they have state statutes that are modeled after the 1861 Act.
• Second, the India Police Service is trained, recruited and managed by the
central government.
• The service also deploys the senior offices to the states.
• Third, the central government maintains a coordinating role, while the
state government is in charge of supervising its police force.
• At the district level (every state is divided into districts), there is
a level of dual control. On the one hand, there is a high-ranking
police officer in charge of the district (District Superintendent of
Police).

• On the other hand, that District Superintendent is subject to the

general direction and control of the District Magistrate, who
belongs to the executive.
• The need for reform: The need for police reforms in India is
long recognized. There has been more than three decades of
discussion by government created committees and
commissions.

• Way back in 1979 the National Police Commission (NPC) was

set upto report on policing and give recommendations for
reform. The Commission produced eight reports, dozens of
topic specific recommendations and also a Model Police Act. No
recommendation was adopted by any government.
• This persuaded two former Director General’s of Police (DGPs) in 1996 to
file a Public Interest Litigation (PIL) in the Supreme Court asking the Court
to direct governments to implement the NPC recommendations.
• In the course of the 10 year long battle in Court, the Court set up the
Ribeiro Committee in 1998 followed by the Padmanabhaiah Committee in
2000 and eventually the Police Act Drafting Committee (PADC or Soli
Sorabjee Committee) that drafted a new model police bill to replace the
colonial 1861 Police Act in 2006.
• Meanwhile very little was ever done on the ground to improve policing or
implement the recommendations put forth by any of these committees or
commissions.
• A decade later in 2006 the Court delivered its verdict. In what is
popularly referred to as the Prakash Singh case the Supreme
Court ordered that reform must take place. States and union
territories were directed to comply with seven binding directives
that would kick start reform.
THE SEVEN DIRECTIVES IN A NUTSHELL
Directive One
Constitute a State Security Commission (SSC) to:
(i) Ensure that the state government does not exercise unwarranted
influence or pressure on the police
(ii) Lay down broad policy guideline and
(iii) Evaluate the performance of the state police
Directive Two
Ensure that the DGP is appointed through merit based transparent
process and secure a minimum tenure of two years
Directive Three
Ensure that other police officers on operational duties (including
Superintendents of Police in-charge of a district and Station House
Officers in-charge of a police station) are also provided a minimum
tenure of two years
Directive Four
Separate the investigation and law and order functions of the police
Directive Five
Set up a Police Establishment Board (PEB) to decide transfers,
postings, promotions and other service related matters of police
officers of and below the rank of Deputy Superintendent of Police and
make recommendations on postings and transfers above the rank of
Deputy Superintendent of Police
Directive Six
Set up a Police Complaints Authority (PCA) at state level to
inquire into public complaints against police officers of and above
the rank of Deputy Superintendent of Police in cases of serious
misconduct, including custodial death, grievous hurt, or rape in
police custody and at district levels to inquire into public
complaints against the police personnel below the rank of Deputy
Superintendent of Police in cases of serious misconduct
Directive Seven
Set up a National Security Commission (NSC) at the union level to
prepare a panel for selection and placement of Chiefs of the Central
Police Organisations (CPO) with a minimum tenure of two years
Set up a National Security Commission (NSC) at the union level to
prepare a panel for selection and placement of Chiefs of the Central
Police Organisations (CPO) with a minimum tenure of two years
These directives pulled together the various strands of improvement
generated since 1979. The Court required immediate implementation of
its orders either through executive orders or new police legislation.
Initially, the Court itself monitored compliance of all states and union
territories. However, in 2008 it set up a three member Monitoring
Committee with a two year mandate to examine compliance state by
state and report back to it periodically.
 Overview
• 1) On the basis of scope of the Acts: The Police Act 1861 is
not the sole or only law in relation to police functions .The
maintenance of public order and the criminal justice system are
based on the Indian Penal Code (IPC), Criminal Procedure Code
(CrPC), Indian Evidence Act as well as a large number of special
legislations including special laws including Prevention of Terrorism
Act (POTA, now repealed ) or Unlawful Activities Prevention Act.
• The preamble of the Act: The preamble of the Police Act of
1861 states that enacted to reorganize the Police and to make it
a more efficient instrument for the prevention and detection of
crime. The preamble of the act makes it clear that the role of the
police is just as an instrument for prevention and detection of
crimes. The police plays no role in preserving the rights of the
people and responding to the democratic aspiration of the
people. The role of the police is just confined to the law
enforcement function.
Control and Supervision of Police :
Under the Police Act 1861, the superintendence of the police vests in
the State Government and it is exercised by the State Government to
which the Police Officer is Subordinate.. The administration of the
Police according to the act vests in the Inspector-General of Police
and in such Deputy Inspectors-General and Assistant Inspector-
General , as the State Government considers fit
Strengthening police investigations
Under the Police Act, 1861 the preamble clearly states that “whereas
it is expedient to reorganize the Police and to make it a more efficient
instrument for the prevention and detection of crime. The Police
Investigation conducted are governed by the provision of Code of
Criminal Procedure and there are no specific section in the Police Act,
1861 which provides for it.