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Condition of Cops/Police in India An Analysis

AN ANALYSIS

Submitted by:

Akanksha Madaan

B.A., LL.B (Hons.) (VII Semester)

School of Law, DAVV, Indore (M.P)

MENTOR:

Adv. Sonal Gupta !

PROF. RANBIR SINGH LEGAL RESEARCH CENTRE

Condition of Cops/Police in India " An Analysis

# #

DECLARATION

This research is a presentation of my original work. Wherever contributions of others are

involved, every effort is made to indicate this clearly, with due reference to the literature and

acknowledgement of collaborative research and discussions1,2. $ % & ' ( ) * ' + , - ( . & / . - & ) 0 1 . 2 3 . & ( 4 4 5 + 6 7 / , Special Research Program September 8 1 9 : ( ; & ) < = > ? @ / . - & ) 0 A ) ( 4 B C + . ; 3 ) D 3 . E % F & E + 2 C & , & + ) 9 % 5 & . : ) & G D % + H + 7 / ) I J B A K @ G ' 3 : % : % &

guidance of the CEO of this Centre Adv. Sonal Gupta.

Name: Akanksha Madaan Signature

Place: Date 8 15/09/2014

1 Sonal Gupta. (2013). Male Victims of Intimate Partner Violence in some rural part of India L An Empirical Study. Unpublished LL.M. research project report. National Law University, Delhi. The idea of Research

making has been taken.2 Madaan, A. (2012). Capital Punishment in Rarest of Rare Case L Is it Just and Fair?. Unpublished Online off Campus Winter Internship Program I. Prof. Ranbir Singh Legal Research Centre , Shajapur (India).

Condition of Cops/Police in India M An Analysis

N N N

CERTIFICATE OF APPROVAL

This is to certify that, the research report of Ms. Akanksha Madaan from School of Law,

DAVV College, studying in B.A., LL.B. (Hons.), as per his/her declaration is found to be the

result of his/her passion to fuel the title taken by the researcher.

Further in my evaluation of this report, I found that the report is unbiased and free from major

illegitimacies to my knowledge. The resources, which are undertaken into consideration for

the purpose of research are not been illegally used, as they are acknowledged everywhere (as

and when needed).

Researcher/s in this report is also asked to establish the time and date relation, regarding the

time and date of repossession, vide footnotes.

Wherever the exact words are taken, they are covered with the inverted commas and

footnoted with all the resources to which they belong to. O P Q R S T U V W Q X Q T Y W U Z X Y [ [ V Z \ Y ] ^ _ R W Y W U R W P Y W W P U V U R U Y V T P U V ` R R a b c Q W W Q d e W P Q R V U [ Z V W Q R Y Q c Q d e W Zexplore his/her ideas with the support of infinite resources available to them at the time of

their research program. The researcher/s or the mentor is not at all having any object to copy

the published or unpublished material/s from/of any resource/author/s or any digital

resource/s.

This research is a continues contribution to appreciate the learning aptitude and enhance the

capabilities of research in the scholars.

The mentor of this research is mere a guide and is focusing his eyes to appreciate the research

skills in the scholars. He is an evaluator to the research report and not the author.

All the research scholar/s, are strictly asked not to plagiarize any kind of material, which may

violate any kind of copyright law/s from any resource. They are asked only to borrow the

ideas and duly acknowledge them in footnotes and bibliography, following APA latest

edition.

Even after the approval of the mentor to this report, if any kind of incongruities regarding

violation of any copyright for any used or unused resource/s is found at any time the whole

responsibility will be on the scholar/s of the said research report.

This research has been submitted with my approval, acknowledging my trust on the

declaration of research scholar of this report.

Mentor f g h h h h h i i j kh h h h h h h i i

Sonal Gupta

CEO, PRSLRC Signature of the Scholar

Condition of Cops/Police in India l An Analysis

m n

ACKNOWLEDGEMENTS

Pursuing a research internship for the third time is a very learning experience. All the time I

learned new ways and concepts of research. To describe this as a journey is an

understatement. It has been hard work, unreasonably difficult at times, but extremely

rewarding, and I am surprised and amazed to have made it to this point. After winning Gold

Medal in two researches, this research creates many difficulties and many things got

improved after the past performance and I realized that it was not possible without my mentor

guidance that supported me with his caring, patience and providing me an excellent

atmosphere for research. Sir has always made himself available to clarify my doubts despite

of his busy schedule and I considered it as a great opportunity to do my research programme

under his guidance and to learn research expertise, thank you sir for all your support and help.

This research is very close to my heart due to the topic. Though it will not be enough to

express my gratitude in words to all those who helped me but I would like to acknowledge

them.

In a worshipful manner I am grateful to

Honourable Adv. Sonal Gupta

CEO at Prof. Ranbir Singh Legal Research Centre, Shajapur, Madhya Pradesh, who accepted

me as a Research Scholar under his Legal Research Centre. He is the best Researcher and one

of the smartest people I know, I hope that I could be as lively, enthusiastic, hardworking and

energetic as my Mentor. In between the intern he offered me so much advice, patiently o p q r s t u o u v w x r y z v { z | } z ~ o w p u { u v w x r u v r s u w { u s r u v z o r r v s y v r q u

My especial thanks goes to Prof. (Dr.) Ranbir Singh (Vice Chancellor of National Law

University, Delhi) without the permission of whom, this institution may not have given the

present name.

I also thank to all the Hov | r

college faculty members of School of Law, Indore (M.P).

My special thanks to all the police officers who supported me in my work with their precious

comments, for protecting the society and maintaining peace and order. And last but not the

least, to my best buddy Yogendra Malviya and to my beloved who inspired me and was there

with me on each and every step, thank you for your love and care. Thanks to my Mom, Dad

and my brother for their support, love and blessings.

Akanksha Madaan


I dedicate this research to the Police Officers, who works for 24 hour a day for the

protection of society and lost their life in incidence while protecting us,

The Almighty, My Mentor (Adv. Sonal Gupta),

My beloved, My family, My brother for the topic suggestion and

My friend (Yogendra Malviya),

for their constant support and unconditional love.

I love you all.


ABBREVIATIONS

Abbreviations Full Forms

& And

v. Verses

Addl. DGP Additional Director General of Police

Addl. SP Additional Superintendence of Police

AIR All India Report

ASI Assistant Sub-Inspector of Police

ASP Additional Superintendent of Police

Bom Bombay

CBI Central Bureau of Investigation

CEO Chief Executive Officer

CHRI Common Wealth Human Rights Initiative

Cr.PC Code of Criminal Procedure

DGP Director General of Police

Dy. IGP Deputy Inspector General of Police

Dy. SP Deputy Superintendent of Police

IGP Inspector General of Police

FIR First Information Report

IPC Indian Penal Code

IPS Indian Police Services

NHRC National Human Rights Commission

PVT.LTD. Private Limited

SI Sub Inspector of Police

SP Superintendent of Police

SSP Senior Superintendent of Police

UP Uttar Pradesh

US United States


LIST OF CASES

NAME OF CASES CITATION PAGE NO.

Amin Sharrif v. Emperor ILR 61 Cal 607: AIR 1934

Cal 580 (FB)

32

Empress v. Rama Birapa (1878)3 Bob 12 33

Emperor v. Dinshaw drive (1928)31 Bom LR-49 33

Ibrahim Ahmad v. King

Emperor

(1931)58 Cal1260 33

Joginder Kumar v. State of

U.P

1(1994) 4 SCC 260:1994

SCC (Cri.) 1172

38

Khuda Bakshi v. The Crown (1917) PR No.42 of

1917(Cr.)

33

King Emperor v. Pancham (1933) 8 LUCK 410 33

Kishore Singh v. State of

Rajasthan

AIR 1981 SC 625 41

Malbar v. Erimal Ebrahim

Hajee

AIR 1957 SC 688 41

Nanoo v. Emperor ILR 51 Bom 78; AIR 1927

Bom 4

32

Lu Bien v. Queen Empress (1889) SJLB 479 33

Po Sin v. King-Emperor (1907)3 LBR 283 33

Pandru Khadia v. State of

Orissa

1992 Cr.LJ 726 Orissa 33

Prakash Singh and ors v.

Union of India

MANU/SC/8516/2006

45

Queen v. Hurribole ILR (1876)1 Cal, 207 31, 33

Radha Kirhun

Marwari v. Emperor

AIRn1932 Pat 293;

ILR 12 Pat 46

34

Subhash Kumar v. State of

Bihar

(1991) 1 SCC 598 42


Contents Pagination

Abstract xi

Chapter 1 1 - 7 Preliminary

1.1 Poem on Police

1.2 Introduction

1.4 Domain of Police Officials

1.5 Present Study

Chapter 2 8 - 12 Research Methodology

2.1 Statement of Problem

2.2 Terminologies

2.3 Object of the Research

2.4 Research Methodology

2.5 Data Collection

2.6 Coverage and Scope

2.7 Hypotheses

Chapter 3 13 - 22 History

CONTENTS


3.1 Pre-State Condition

3.2 Emergence of Dharma

3.3 Origin of State

3.4 Evolution of Police

3.4.1 Ancient India

3.4.2 Medieval India

3.4.3 Morden India

Chapter 4 23 30 Review of Literature

4.1 Review of Literature

Chapter 5 31 - 57 Analysis of Cops/Police Condition in India

5.1 Analysis of the term police

5.2 Ranking System

5.3 Misuse of Power

5.4 Police Custody

5.5 Method of torture and harassment

5.6 Political Pressure

5.7 Comparing the police system of India with U.S cops

5.8 Police and Corruption

5.9 Non Availability of Resources

5.10 Jan Maitri

5.11 Major findings of study through Pilot study


Chapter 6 58 - 62 Verification of Hypotheses

6.1 Superior subordinate system or the process of appointments is a big spoiling factor of bad administration which results into corruption.

6.2 Political pressure or political orders which include the promotion of cops compel the

police loyal towards the politicians or the creamy people of India instead of the citizens.

6.3 The bad behaviour of cops of India towards the public is due to their bad psychological

condition.

6.4 Improper resources available to many police station which makes police unsuccessful in

saving citizens and eradication of crime.

Chapter 7 63 - 66 Recommendations and Conclusion

7.1 Recommendations

7.2 Conclusion

Bibliography a - f


ABSTRACT

Police are the official guardians of the society which have the duty to maintain law and order

in the state. They are being criticised by the members of the society on every step because of

their brutal behaviour and corruption. For the progress of country the very first changes

which have to be perform is in the police department as they are in direct connection with

society. The intention of study is to find out the failure and loop holes in the police

department because of which the police officials fails to perform their duties also to find out

the measures taken by state and central government for the betterment of police welfare. The

study for the research adapted is qualitative, top down approach and empirical method. In the

1st two chapters are intended to provide introduction, research methodology adopted in the

research for the study of police officials in India. The succeeding two chapters deal with the

history of police and the review of literature. Last but not the least the main body or the heart

of this research is based on the analysis of condition of cops/police in India and abroad. The

study tested all the condition, resources, committees made by the central and state

government for the betterment of police in India, ranking system of police, misuse of power,

corruption, custody crimes etc which concluded that the condition of police is very bad in

India which needs to get improved by providing resources, removal of ranking system and

political interference. The study reveals that though the police force is appointed for the

society but they are available only for their superiors and politicians due to the worst

administrative system.


CHAPTER 1 PRELIMINARY

CONTENTS:

1.1 Poem on Police

1.2 Introduction

1.4 Domain of Police Officials

1.5 Present Study

1.1 Poem on Police:

"I'M A POLICEMAN"3

I'm a policeman, Oh why? You may ask.

It's not that the pay is well worth the task.

It's something deep down, it's something inside.

It's not just a job where you're there for the ride.

The dangers we face, we know they're for real.

But it's not just a job, it's something you feel.

We're out on the beat, it's late at night.

This is the time when families fight.

Shouting and cursing, then comes a hit.

A loud screaming child, a mad raging fit.

We come on the scene there's not a set play.

We have to assess with our fears pushed away.

There's darting eyes and another door.

Can we see all the people or are there more?

A bang and a crash come from the back.

3 Sutton, J. (1988). IM A POLICEMAN. Dallas, Texas. Retrieved on September 24, 2014 at 12:26 PM from


Is someone else there to take a crack?

We take control but it's never easy.

The mess and the people can make you feel queasy.

We return to the beat and hope it's all right.

But we know we'll be back for the very next fight.

A stop light runner and a simple chase.

But we never know what we may face.

Another bad drunk? A kid on a high?

Or something much worse to give us a try?

We can't take it easy, we can't take a chance.

Always a new tune, always a new dance.

There's racial tensions and rights to uphold.

We have to show patience but yet appear bold.

It's easier to say that "all must be fair."

When you're not on the street, when you're not the one there.

Those feelings of pressure we must put aside.

With our actions up front and keeping our pride.

It's harder on family than it is on me.

Their imagined worst fear are all that they see.

I'm on the job and handling it well.

But they're safe at home imagining hell.

When the telephone rings and it's late at night.

They wake in a sweat with a terrible fright.

But their awful thoughts I must leave at the station.

'Cause they might dull my senses and force hesitation.

So why do I do it? Where is the joy?

There's people who smile, a found little boy.

There's laughter and friendship with people who care.

There's knowing a difference just 'cause we're there.

There's sunshine and sadness and having the nerve.

To get up each morning and say that " I serve."


1.2 Introduction:

India being a democratic country depends on survival of two essential requirements, the very

first is maintenance of law and order and the second is human rights. Man and crime are born

together. When we look far back to the customary justice system which was based upon the

backing from families but during the primitive period individuals started taking law in their

hands by punishing the accused in the form of revenge. The early code of Hammurabi was

based on the revenge taken by the victim family and it is on the duty of the family to

rehabilitate the victim. In the genealogical law, the offence against individual victim viewed

as an offence against the state4. The initial of the concept of police has been traced back from period and then after the

British rule that is continuing now in every country of the world5. Police are the very first

official guardian of public when the matter came to before the law. Police appear before the

society for the security of the state. Common man interacts with the cops as an accused,

victim, suspect or complainant6. It is the duty of the police to protect the interest of public in

respect of their safety and security by following the authority and legal direction prescribed

by law

The presence of police is not only in police stations but the scope of their work is unlimited.

Police not only seen as reporting crimes, FIR7 or investigation but police has responsibility

towards public safety, traffic, damage, accident, passport verification, dacoit matter, theft

cases, maintenance of peace in fashion shows, providing security towards the film stars,

politicians etc these all types of activities performed by police.

Cops of India have been criticized by the public on each step due to the changes occur in the

society with time which changes the nature of crime and the society expect the changes in the

administration system of police which result into numerous demand placed before the

public8. Rule of law established in a democratic country and law expects the performance of

police according to it. The ranking system in police, misuse of power by higher authorities is

the violation of rule of law. Police holds the security of state but somewhere they are not

4 Ghazvini, F. (2002). Police Protection to Victims of Crime. Deep and Deep Publication PVT. LTD. PP 6-14.

Retrieved September 19, 2014 at 11:03 PM5 Singh, D. (2002). Human Rights and Police Predicament. The Bright Law House. PP 58-67. Retrieved on

September 17, 2014 at 01:16 AM6 Ibid. Retrieved on September 17, 2014 at 12:05 PM

First Information Report8 Saini, K. (2000). Police Investigations. Deep and Deep Publications PVT.LTD. PP 34-42. Retrieved on

September 19, 2014 at 02:02 AM


succeeded in providing justice, security and safety to the public. Police is famous for brutality

before the society due to the way they deal with accused, victim, their family and others.

There are numerous controversies on police where police act in a very unlawful behave

towards the society which completely hide the good work done by them for the society9.

Law expects safety and security from them which includes a proper behave and a complete

investigation rather then turning their duty into another criminal act in form of custodial death

etc. It does not permit them to behave with cruelty from the society or the accused but with

just and fair human behave.

Fruitful enjoyment of democratic country by the society depends on the law enforcement

agency i.e. police officials way of performing their duties10. Police administration is the first

phases which have to be improved if we want to establish a corruption free country.

Researcher in the following research analyze the condition of police, their ranking system,

their duties, rights to find out the loop holes in the department.

1.3

In 21st century, the citizens of our country are aware of their rights and duties towards the ! " # $ # $ % & " ' # % & ! ! ( ) ! ' ' " ! countries growth. Before 19th century when crime occurs in our country the duty to

rehabilitate the victim or to provide justice to them lies on the government of India. This

traditional concept has changed into modern concept where public stands to protest for the

victims when government fails in their duties. There are numerous incidence where public

seen to be protesting victim such as Delhi gang rape, Suzette Jordon street rape victim case

(Kolkata), Yug Chandak murder case (Nagpur), Law student harassment case by ex- Supreme

Court judge case and many more. People not only stand for the victims but many are taking

initiative to change the government, to end corruption and to eradicate many loop holes from

the government and the society. When researcher were searching topic for her research in the

area of drawbacks in government the single thing that hit her mind was the very initial step or

the very ! ! ! " $ ! ! # ! ! & & $ ! * * ) " ! % ! + & " ' # % * "

need to be get improved are the , - olice officials . . Police are the only persons who work for 9 Singh, D. (2002). Human Rights and Police Predicament. The Bright Law House. PP 80-89. Retrieved on

September 17, 2014 at 10:00PM10 Saini, K. (2000). Police Investigations. Deep and Deep Publications PVT.LTD. PP 10-20. Retrieved on

September 19, 2014 at 02:48 AM

Condition of Cops/Police in India / An Analysis

0

24 hours of 7 weeks and 365 days; they do not have holidays for Dussehra11, Deepawali12,

Holi13, Eid14 etc. Police have many said and unsaid duties on them towards the society such

as investigation of crime, security towards politicians in rally, fashion show, celebrity, cricket

match, passport verification, public safety, brawl between husband and wife, traffic, accident

etc. Police never sleep. Police officials are the first official guardian of the public who have

direct connection with us. They are being criticised on each and every step of their works by

the society because of their cruel behaviour towards the society, corruption and bribe. The

whole department does not contain corrupt police officers, it consist of many loyal officers

also. It use to say that police are the dogs of politicians and the higher class people, they are

hired for them only and not for the poor or simple living citizens of the country. The telecast

of Satyamev Jayate15 season - 2 Episode No. - 2 on police officials which depicts the actual

condition of police and the behaving culture of police officials towards the society make

researcher keen interest toward the study of their work. Many questions arouse before the

researcher that are the police officials really failed in their duties towards the society or some

other power making them to do so? Researcher is a law student perusing B.A.LL.B (Hons.)

from School of Law, Indore and she is participating in random research program of 1 2 3 4 5 3 6off campus special research

7 8 9 : 8 ; < = > ? 3 @ 6 8 1 A 8 of.Ranbir Singh Legal research B 6 3 C 8 6 = D E 6 88 6 F 6 ; 8 G H 9 3 1 Condition of Cops/Police I An Analysis = 5 F : 9 5 3 : 9 3 ? 3 @ 6 8 C H 6 : ? 5 @ ; 3 G 6 9 JAdv.Sonal Gupta, the pioneer in the field of research and gold medallist from National Law

University, Delhi in 1st convocation of LL.M and the CEO of Prof.Ranbir Singh Legal

Research Centre, Shajapur. In this research the researcher founds that there are many

literature, research papers, articles on the brutal acts of police officials towards the society but

11 Chandra, A. (2008). Indian Condensed. Marshall Cavendish International Asia Pte Ltd. PP / 145. Retrieved on September 18, 2014 from http://books.google.co.in/books?id=b7-

IAAAAQBAJ&pg=PA145&dq=what+is+dussehra&hl=en&sa=X&ei=1Sg4VO7KBtCZuQTa1IH4DA&ved=0C

CAQ6AEwAA#v=onepage&q=what%20is%20dussehra&f=false. K L M M N O P Q R M Q S O M T R U Q V W S X R Y Z L [ M \ N R ] N] O V O ^ P Q T O Z R Y \ N W V O _ Y Z R Q ` a O b Q V Q Y Z c Q Y d V Q Z O M N e f Y T N R M Z Q g X R Y Z L [ M h W P Z i Q j Z O S O Q T O Z T N O Z O U R V k R Y d W SSrilanka i.e. Ravan. The epic Ramayana tell about the victory story of Rama on Ravan. 12 Tribhuvan, R. (2003). Fairs and Festivals of Indian Tribes. Discovery Publishing House. ISBN 81-7141-640-

3. Retrieved September 20, 2014 at 11:20 PM from www.googlebooks.co.in. On this day Lord Rama came to

his Kingdom Ayodhaya after fourteen years of residence in forest. This festival is known as festival of lights. 13 Ibid. This festival is known as festivals of colours. This festival use to be celebrated by citizens of India. It

signifies the victory of good over evil.14 Ibid. This festival use to be celebrated by Muslims at the end of Ramdan i.e. fasting holy month of Muslims. 15 Khan, A. (2014). Police. Satyamev Jayate Star Plus. It is an India television talk show which telecast on

numerous channels in different languages. This show is hosted by Actor Amir Khan who talks about the major

issues of our country. This show has been telecasted on star plus in their season 2 program, episode no.2 on

March 09, 2014 at 11:00 AM. Retrieved on September 29, 2014 at 01:06 PM from

https://www.youtube.com/watch?v=ah7zm8ZMOh4

Condition of Cops/Police in India l An Analysis

m

lack of literature towards the psychological concept or the reason behind the behave of police

officials which is an another reason why the researcher chooses this topic.

1.4 Domain of Police Officials:

The researcher is on the broad domain of police officials and focusing on the working,

behaves and psychology of police officials, it is suitable to know that what the term Police

and his duties.

According to her research Police means, a system for preserving law and order, enforcement

of law in the state, a person who is paid to perform duty to maintain peace and if any peace

break happen in state he may go volunteer16 . n o p q r s t u r v w x p t p s w y p t z s r { | } ~ w q r s t u r v w ~ w } q o w x o { p } u r v w x p r s ~ } ~ p ~ w }system of administration whose primary duties is to preservation of order and detection of

crime and enforcement of laws17.

The primary duty of police is to maintain peace and order. Police officers are the real

backbone of administration that has numerous duties such as18:

Observation and patrolling,

Ensure law and order in public gathering,

Public Safety,

Investigation,

Preparing reports,

Protection of crime scene,

Inspection of crime scene,

Providing prevention from crime advice,

Collecting evidence,

Protecting public from unlawful activities,

Testifying evidence in court,

16 Singh, D. (2002). Human Rights and Police Predicament. The Bright Law House. PP 26. Retrieved on

September 23, 2014 at 02:22 PM17 Chatterji, S.K. (1961). The Police in Ancient India. Indian Police Journal, Indian Police Centenary Issue PP

11. Retrieved September 23, 2014 at 04:12 PM18 and Preventive Services of Patrolling, Law Enforcement An Introduction to The Police Role in the Community. Prentice Hall Publication. Retrieved September 23, 2014 at 03:09 PM


Arresting criminals or the persons making nuisance,

Providing service and assistance to calls.

1.5 Present Study:

In the present research, the focus is on the police officials through police are always

considered as a master of brutality with the society. As there are no reports of police

sufferings being on duty, the research will focus on the reason for their failure to perform

their duty and report and also how they cope up with the situation, how they prevent

themselves from being victimized by the superior authorities. The numbers of police suicidal

cases are very less but their non performance of duties; their harsh behaviour towards the

society is at large. Sundaram and Kumaram through their study focuses that police harsh

behave towards the society is due to their 24 hours working with non availability of resources

which creates stressful job for them, they are the real heroes but people are unaware of the

stress they suffers from19. Neglecting the situation of police will result a major drawback in

the progress and growth of country. From the study the researcher through its own

observation and from different literatures, case laws and research papers will interpret the

condition of police and the major loop holes in the administration. Hence, the present

19 Sundaram, S. & Kumaran, M. (2012). A study on Frequency of Stress among Female Police Constables

Reference to Tamilnadu Police Department, India. International Research Journal of Social Sciences. Vol. 1(3),

18-20, November (2012). ISSN 2319 3565. Retrieved on September 23, 2014 at 05:02 PM


CHAPTER 2 RESEARCH METHODOLOGY

2.1 Statement of Problem

2.2 Terminologies

2.3 Object of the Research

2.4 Research Methodology

2.5 Data Collection

2.6 Coverage and Scope

2.7 Hypotheses

2.1 Statement of Problem:

The concept of policing towards the society has been initiated from olden tribes, kingdoms

and kings. Generally king appoints the persons who exercise the function of maintain law and

order in the kingdom20. This concept has been traced from earlier period when man started

using force to the weaker section for their own self improvement and for the benefit of

society21. Police plays an important not only in maintaining law and order in the society, but

they also sets rescue operation at the time of natural calamities, terrorist attack etc, they

provide 24 hours services on 365 days without any holidays but then also they have to suffer

from harsh behaviour from public, subordinates and politicians22. The researcher in this

research is trying to find out the hidden facts for the failure of police duties towards the

society. Following queries should be going too discussed in the following research:-

1. Harsh behaviour of police towards society.

2. Loops holes in administrative department.

3. Drawbacks of selection process.

20 Singh, D. (2002). Human Rights and Police Predicament. The Bright Law House. PP 50 60. Retrieved on September 16, 2014 at 01:42 AM21 Ibid. 22 Valecha, GK & Venkataraman, S. (1986). Improving Efficiency and Ensuring Impartiality of the Police

Force. Vikalpa. Vol. 11, No. 1. Retrieved on September 16, 2014 at 11:00PM


4. Corruption.

5. Behaviour towards victim.

6. Laziness in working or the non availability of resources.

2.2 Terminologies:

Superintendent Superintendents of Police are the head of police force in District. They are the officials of Indian Police Services23.

DGP Director Generals of Police is the highest ranking police officer in State Policing System24.

Constables They are the policing officers of the lowest rank25. Cops Cops are the synonym of Police26. Law Enforcement Law enforcement are the system where persons authorized by the

government for enforcement of law27.

which so far has not being satisfactory accomplished by any writer. In fact criminal

offences are basically the creation of criminal policy and obtained from time to time

by that section of the community who are powerful or clever person enough to

safeguard their own security and comfort by causing sovereign power in the state to

repress conduct which they feel may endanger their position. At another occasion

Kenny again says that crimes are wrongs sanction is plenitude and is in no way

remissible by crown alone if remissible by crown alone if remissible at all28.

Punishment: Any fine, penalty or confinement inflicted upon a person by the authority

of the law and the judgment and sentence of a court for some crime or offence

committed by him or for his omission of a duty enjoined by law29.

Victim Assistance It includes activities such as providing information, appraisal, actions taken to improve medical disorder, case advocacy, system advocacy, public

23 Paramasivam, C. (2001). Police Organisation in India .Commonwealth Human Right Initiative. Retrieved on

September 28, 2014 at 01:48 PM from http://www.humanrightsinitiative.org 24 Ibid.25 Ibid.26 Ibid.27 Ibid.28 Madaan, A. (2012). Capital Punishment in Rarest of Rare Case Is it Just and Fair?. Unpublished Online off Campus Winter Internship Program I. Prof.Ranbir Singh Legal Research Centre , Shajapur (India). Retrieved on

September 29, 2014 at 10:38 PM29 Ibid.


policy and programme for development of victims. It applies with the intention to

recover the sufferers30.

2.3 Object of the Research:

Crime exists in each and every country. When we talk about India it touches the height which

covers the scope from civil to criminal. When a person being victimized by the accused or by

the society, the very first step he/she takes is to complaint to the official guardian of the

society i.e. police or cops. Complaining cops is the first official stage towards justice. The

main task of the police is to maintain law and order and to serve the nation not only in civil or

criminal matter but also in cultural holidays like Dusherra, Deepawali, Holi etc, at the time of

natural calamities to fashion shows. As police meant to be the primary guardian of the society

but in India society thinking towards police is not so good. They have lots of anger towards

them only because of the ruff behaviour of police towards the weaker section of the society.

In India the rough behaviour has been seen many times, where police applying force on

women, children etc which result a hatred feeling towards them by the society.

The object of undertaking this topic is to analyze the hidden condition of police in India that

why they behaviour is so tough and sometimes arrogant towards the public. In this research

the researcher objectives are:-

1. To study the duties, scope, coverage and working of police in their respective territory.

2. To find out the loop holes in the police administration because of which the public suffers

a lot.

3. To study the ranking, appointment and promotion system of the police department.

4. To study the working of the cops of India and foreign countries.

5. To find out the ways which makes police department strong and to find the solution to

develop respect and love towards them from the society by analyzing the conditions.

6. To identify that the Indian police are to be treated as army officers or policing officers by

the superior authority and the politicians for their benefit.

30 Dussich, J. (2005). Victimology past present and future. 131st International Senior Seminar Visiting Experts

Papers. Resource material series no.70. pp 116-119. Retrieved on September 29, 2014 at 10:38 PM


7. To identify the neglecting factor towards the lowest rank of police by their subordinates

and society.

2.4 Research Methodology:-

The research methods that have been adapted by researcher are:-

1. Qualitative and Quantitative Method: These methods include the comparison of

different judicial decisions. It will compare the amount of past record and tries to project for

future period also it will analyze and interpret data by observing what people say.

2. Deduction Method also called Top down Approach: Under this method the researcher

will proposes to test the hypothesis after analyzing and examine various eminent lawyers

report, various committee recommendations, constitutional courts judgements, scholars

report, government report, crime report, administration of state towards cops and security.

3. Empirical Method: This method will include the collection of knowledge through direct

and indirect means, observation or experience.

The Research is divided into 3 groups:-

1. Methods which include collection of data i.e. review of literature, history of police in India

and other countries. This method will help to analyze the data available which is not

sufficient to analyze the required solution.

2. Predictive Technique: - A technique which are used for establishing relationships

between data and the unknowns31;

3. Deduction Method which will evaluate the accuracy of result obtained through hypothesis

and empirical method32.

2.5 Data Collection:

The data which is being collected and used for the study are secondary and are analyzed

according to the objective of the study. The review and study have been occurred from

various books of School of Law, Central library of DAVV, e-books and various cases from e-

31 Gupta, S. (2014). This technique has been suggested to the researcher from his mentor while performing the

research through e mail. A predictive technique is the practice of extracting information from existing data sets in order to determine patterns and predict future outcomes. 32 This technique has been suggested to the researcher from his mentor. Deduction method is the process of

reasoning from one or more statements to reach a logically conclusion.


data source which has been taken from Indian Kanoon, Manupatra e-data base online from

the library of Sonal Gupta and Associates, Google e-books, Law reports, and various research

papers and also from e-data.

Data collected for field study were through telephone interviews for the sampling study. The

numbers of person through whom the data have been collected were four in number of

different ranking.

2.6 Coverage and Scope:

All the cases which have been mentioned in research for the analysis are mostly landmark

cases of India and foreign countries, which will help in establishing the condition of cops in

India. The condition of cops of India have been compared with the condition of cops of U.K,

the light have been thrown on the behaviour of cops with the citizen of the state, their way of

working, administration of police station, psychology of worst behaviour of cops towards the

public, lope holes in police station, police and victim, torture by cops etc which will going to

help to analyze the condition of cops in India.

2.7 Hypotheses:

1. Superior subordinate system or the process of appointments is a big spoiling factor of bad administration which results into corruption33.

2. Political pressure or political orders which include the promotion of cops compel the police

loyal towards the politicians or the creamy people of India instead of the citizens34.

3. The bad behaviour of cops of India towards the public is due to their bad psychological

condition35.

4. Improper resources available to many police station which makes police unsuccessful in

saving citizens and eradication of crime36.

33 This hypothesis is verified on PP 58.34 This hypothesis is verified on PP 60.35 This hypothesis is verified on PP 61.36 This hypothesis is verified on PP 61.


CHAPTER 3 HISTORY

CONTENTS

3.1 Pre-State Condition

3.2 Emergence of Dharma

3.3 Origin of State


3.4.1 Ancient India

3.4.2 Medieval India

3.4.3 Morden India

3.1 Pre State Condition37: In the Pre-State period, the human being lived in forest. There was no existing concept of

family or society. After sometime human started living in groups and then they started

reproducing children, which turns the growth of the concept of family. These groups started

interacting with other groups that gave birth to establishment of society38.

In the newly society people started living with peace and co operation. There were mutual

understanding and helping behaviour in between them. There were no quarrel, theft, robbery

etc therefore they does not even think about the police existence with the increase of

population people witness the shortage of food, shelter which result greediness, haters,

selfishness thinking towards the society, which compel them to start dacoit, use of physical

power on weak people. The exploitation of weaker came into existence in the society. The

situation demands the need of some persons with power who may handle such crimes and

37 Pre state condition describes the condition of human beings before the formation of society and state.38 Bharti, D. (2006). Police and People Role and Responsibilities. APH Publishing Corporation, Darya Ganj.

Retrieved September 24, 2014 at 09:14 PM from

http://books.google.co.in/books?id=FkN2W1Op7NoC&dq=how+society+came+into+existence&source=gbs_na

vlinks_s


may protect them from the ruling persons of the society. The personal and property anxiety of

society grows the need of such remedy39.

3.2 Emergence of Dharma:

The concept of Dharma has been the pre state condition. In that period the minded people established their own code of conduct for the society to get prevented with the above said

danger and situation that code term as Dharma. Later it term as law. The concept of Dharma

was based on natural law, it does not consist of state or king, and all the people only have fear

of God as a divine power. While following Dharma people started living with harmony and

peace40. Mahabharata witnesses such stateless society concept in their text as: concept of Dharma by pro

41. Mahabharata clearly pictures the existence of stateless society. People believe that one who

breaks the law of Dharma he should get punished from God; which gave birth to the concept

of heaven or hell42.

3.3 Origin of State:

After some time some people stop following the concept of Dharma. The most powerful

person with high physical and intellectual power becomes the king of the society. Kautaliya

who was the powerful Magdha Emperor Chandra Gupta Maurya Prime Minister, in his

famous Arthashastra define that people who are suffering from the muscular and the powerful

persons of the society, the king takes the responsibility to protect them and maintain peace,

security and safety of the society43


39 Ibid. 40Gereats, W. (2011). The Wisdom Teachings of Harish Johari on the Mahabharata. Inner Traditions / Bear &

Co. Retrieved 25, 2014 at 09:25 PM from

http://books.google.co.in/books?id=5PpkAwAAQBAJ&printsec=frontcover&source=gbs_ge_summary_r&cad=

0#v=onepage&q&f=false 41 Ibid. 42 Ibid.43 Kamalaxi, G. & Ramaswamy, H. (2012). Human Rights and Police Administration. Concept Publishing

Company. PP 35-40. ISBN 13 : 978-81-8069-812-5. Retrieved on September 25, 2014 at 08:15 PM from http://books.google.co.in/books?id=uAsdSuHUnOIC&pg=PA37&dq=police+system+defined+in+arthashastra+

by+kautilya&hl=en&sa=X&ei=fu4mVKTWJJeKuAT9kYK4CA&ved=0CCAQ6AEwAA#v=onepage&q=polic

e%20system%20defined%20in%20arthashastra%20by%20kautilya&f=false


3.4.1 Ancient India:

The origin of police has been traced from the Vedic period. Rigveda and Atharveda define

the kinds of crime and punishment. The concept of policing system has been traced since the

Vedas came into existence. The Rig Veda mentions the types of crimin Manuscript. The king in that period through their sources and secret intelligence enquire

about the crime ain the kingdoms and punishes the accused according to the nature of crime.

In this period dogs were appointed as to catch thieves and criminals44.

During Gupta Period the police officers was known as Chauroddharanik and their primary

duty was to catch thieves. In the Apasthamta Dharma Sutra it was found that king was

obliged to appoint the officials and their subordinate in town and villages for the policing of

the public. Those officers were the loyal persons of the king on whom the king may trust for

the maintenance of peace in the country and those who are truthful for the protection of state

against thieves45.

The actual arrival of police organisation was traced during the Maurya and Gupta period. At

that time there were organisations who actually does not term as police organisations but their

work are similar to that of police i.e. to maintain law and order in the society. The ancient

writers of Sanskrit, Pali and Prakrit have the special knowledge of order and justice during

that period46. In the period of Maurya and Mohammad invasion, there was no glimpses of

police organisation were traced. Fa-Haien and Hiuen Tsiang while their visit to India robbed

several times, they did not make any mention of police47.

Kautaliya in Arthashastra which was written in 300 BC traced the pattern of police system

that how they investigate, the pattern of crime etc. It mentions that the police in ancient India

was divided into two parts i.e. the simple or regular police and secret police. Regular Police

44 Shah, G. (1993). Image Makers: An Attitudinal Study of Indian Police. Abhinav Publications. PP 95-110.

ISBN 81-7017-295-0. Retrieved September 24, 2014 at 01:04 AM from

http://books.google.co.in/books?id=0sHAmkBpUoIC&pg=PA95&dq=origination+of+police+in+vedic+period

&hl=en&sa=X&ei=3u8mVJONC8zHuATw6IHwAQ&ved=0CBsQ6AEwAA#v=onepage&q=origination%20of

%20police%20in%20vedic%20period&f=false 45 Ibid.46 Kumar, P. (2000). Policing and Police. Author Publication. PP 75 85. ISBN 81-208-0423-6. Retrieved September 24, 2014 at 02:19 AM from

http://books.google.co.in/books?id=DE0maSqTWmkC&pg=PA79&dq=poicing+system+in+maurya+and+gupta

+period&hl=en&sa=X&ei=5fAmVJSZNdOOuASX0YDgDg&ved=0CB8Q6AEwAA#v=onepage&q=poicing%

20system%20in%20maurya%20and%20gupta%20period&f=false 47 Mookerji, R. (1998). Ancient India Education : Brahmanical and Buddist. Motilaal Banarsidass Publication.

PP 176 190. Retrieved September 25, 2015 at 02:45 AM


!

consist of three tier jurisdiction i.e. Pradesta (Rural) and Nagaraka (Urban) at the top rural

and urban Sainiks in middle and rural and urban at bottom. The Secret Police were divided

into two categories i.e. itinerant and immobile. During the sudden death the post mortem of

bodies and investigation has been held by police48.

Manuscript introduced the legal system in India for the first time. It classified crimes into

eighteen types which include defamation, assault, theft, robbery, adultery, violence etc. The

policing system was also introduced by manuscript with the crime. In that period it was the

prime duty of King to punish the accused liable for the respective crime and to control

violence. In Vedic period dogs were authorized to catch thieves49.

Manuscript mentions that in ancient era it was the duty of the king to maintain peace and

provide security to the citizens by controlling crime and punishing the accused. In that period " # $ % & ' ( & ' ) " * + , " " # $ ) - . / & $ * ) " - & ' 0 $ ) " & ( 1 " $ 2 3 - / 1 4 5 ) 6 - . & , $ ) " 1 " & - ' 7 1 ) - * & ( & ' 1 " $ / 8 * - 9ancient Sthanakas Period. One police station was set up for three to four villages. Person who

appoint as the investigation officer by king was known as Suchaka50.

Vijaynagar Empire from AD 1336 to 1646 was the most famous among Hindu kingdom, the

greatest ruler of this dynasty was Krishnadevaraya. It depicts the full fledge Judicial System

ere in that period51.

In Ancient Period any person may complaint about the offence committed by individuals, the , - 9 6 . 1 & ' " - 8 0 & , " & 9 5 ) 8 1 9 & . 4 7 1 ) ' - " - ' . 4 9 $ 1 ' ) 2 3 # $person who conveys the information to

king about the commission of offence was term as Stobhaka. The act of giving false evidence

48 Shah, G. (1992). The Indian Police A Retrospect. Himalaya Publishing House, Bombay. PP 62 80. Retrieved on September 16, 2014 at 05:00 PM 49 Shah, G. (1992). The Indian Police A Retrospect. Himalaya Publishing House, Bombay. PP 62 80. Retrieved on September 16, 2014 at 04:00 PM50 Dogra, S. (2009). Criminal Justice Administration in India. Deep and Deep Publications. PP 289 300. ISBN 978-81-8450-122-3. Retrieved September 24, 2014 07:00 AM from

http://books.google.co.in/books?id=cJVQxkAa9uEC&pg=PA290&dq=police+in+manu+smiriti&hl=en&sa=X&

ei=i_MmVKG8NdCRuASv74DACw&ved=0CDEQ6AEwBA#v=onepage&q=police%20in%20manu%20smirit

i&f=false51 Muthiah, S. (2008). Madras, Chennai: A 400-year Record of the First City of Modern India, Volume 1.

Palanniappa Brothers Publication. PP 440-445. ISBN 978-81-8379-468-8. Retrieved September 24, 2014 at

05:00 AM from

http://books.google.co.in/books?id=tbR_LLkqdI8C&pg=PA442&dq=police+system+in+vijaynagar+empire&hl

=en&sa=X&ei=kPQmVKeFB5T-

ugTstoHIAQ&ved=0CB0Q6AEwAA#v=onepage&q=police%20system%20in%20vijaynagar%20empire&f=fal

se

Condition of Cops/Police in India : An Analysis

; ? @ A > B C D > E E F G @ = H ? I F J > K L F = ? M N C @ = @ ? O P K ? > Q > E > B R P Svillage lies on the watchman of one or more village. His duty was to keep watch at unknowns

and find out the people arrive in the village observe strangers and report all this to the

headman. He was only responsible to catch the thieves and if he failed to restore the stolen

property by thieves he was liable to pay the loss of property to villages54. In large town

52 Mishra, K. (1987). Police Administration in Ancient India. Mittal Publication. PP 17 -50. ISBN 81-7099-005-

X. Retrieved September 25, 2014 at 01:15 PM from

http://books.google.co.in/books?id=I1ntUgJ60_8C&pg=PA7&dq=ancient+india+police+sysytem&hl=en&sa=X

&ei=k_UmVKGjFYSyuASFiYGACw&ved=0CB0Q6AEwAA#v=onepage&q=ancient%20india%20police%20

sysytem&f=false53 Curry, J.C. (1932). The Indian Police. Faber and Faber Ltd. London. MCM XXXII. PP 10 : 30. Retrieved on September 17,2014 at 06:00 PM54 Mehta, J. (1979). Advance Study in History of Medieval India. Sterling Publishers. PP 300 : 310. ISBN 978 81 207 06170. Retrieved September 22, 2014 at 09:18 AM from

http://books.google.co.in/books?id=iUk5k5AN54sC&pg=PA306&dq=kotwals+and+zamindars+in+medieval+p

Condition of Cops/Police in India T An Analysis

U V

Kotwals were hired who were paid up with Rs. 9000/- a month to maintain peace and he was

also answerable to the stolen property.

Only few Hindu kingdoms exist in the medieval period. The Kotwals was hired for maintain

law and order and to maintain reward. Amir-i-dad who was assisted by Muntasib was used to

supervise and coordinate the work of police. Sikandar Lodhi initiated many police reform in

Criminal Justice System in medieval era55.

In 1526 the Moughal Empire was conscience about the internal security of the state at the

time of rule of Babar56.

AKBAR: At the time of Akbar the head of provincial government known as Subedar and

Nazim who consist of numerous Fauzdar under him to perform police function. The duty of

fauzdar was57:

Guarding highway

Arresting Robbers

Suppression of all disorder

Small rebellion

Under Fauzdar there was Thanedar as his subordinate. In Akbar rule Kotwal was the

supervisor of the state. The salary given to Kotwal from that he has to maintain his

subordinates also. His primary function was to watch street, security in public gathering, look

out for pick pockets, sale o W X Y Z [ \ ] ^ X \ \ _ ` W a b ] c ] Y d \ e b ] d ` e f b g b h [ a b _ Y e i j d \ ] f b ] k l [ ] Y e iAkbar period no one was allowed to travel all of state without informing Kotwals. A certain

number of people were allotted to patrol in night in town street, village etc58.

eriod&hl=en&sa=X&ei=zPYmVOOTGYHhuQTimYKwDg&ved=0CCYQ6AEwAg#v=onepage&q=kotwals%

20and%20zamindars%20in%20medieval%20period&f=false 55 Ibid.56 Thorpe. (2010). The Pearson Guide To The Central Police Forces Examination. Dorling Kindsley Publishers.

PP 135 T 139. ISBN 978-81-317-2905-2. Retrieved September 26, 2014 at 08:00 AM from http://books.google.co.in/books?id=_LgHK5PNxXUC&pg=PA137&dq=police+in+mughal+period+in+1526&h

l=en&sa=X&ei=8vgmVIfeMdOLuASjlILIAQ&ved=0CCAQ6AEwAQ#v=onepage&q=police%20in%20mugha

l%20period%20in%201526&f=false57 Chande, B. (1997). The Police in India. Atlantic Publisher and Dist. PP 60 T 78. ISBN 8171566286. Retrieved September 25, 2014 at 09:09 PM from

http://books.google.co.in/books?id=WIrLjQrgJGoC&pg=PA66&dq=police+system+in+akbar+rule&hl=en&sa=

X&ei=AvomVI-

ACsOOuASA5YLQCQ&ved=0CCMQ6AEwAQ#v=onepage&q=police%20system%20in%20akbar%20rule&f

=false58 Ibid.

Condition of Cops/Police in India m An Analysis

n o

p q r s p q t q p u s v w xopinion that the government stability depend on the justice provided to the

citizens. In this period the police regulation were drawn for the first time59.

In the Muslim rule the whole responsibility of maintenance and security of city lies in hands

of Kotwals and to Fauzdars. Judiciary was term under chief Sardar and police under chief

Quazi appointed by the same person. Moughal establish Kotwali in city and Chowkidari in

village. In petty cases Kotwals was authorized to punish the accused. During that period the

crime was classifies under three heads60:

Crime against God

Crime against state

Crime against private individual

The Kotwali system came to an end in 1857 when British came into rule. The last Kotwal of

Delhi was Mr. Gangadhar Nehru, grandfather of Pt. Jawaharlal Nehru, the first Prime

Minister of Independent India. Kotwal system was the creation of ancient administration

system in India not of Moughals61.

In Shivaji Period the officers who was responsible to maintain law and order were Sar-

Subhedar, Subhedar, Hawaldar, Kamavisdar, Mukadam and Patil who were village officers,.

Subedar and Subsubedar were responsible to maintain law and order on the security of

highway62.

3.4.3 Modern India: y z { | } ~ z z ~ z | z | ~ z { ~ } ~ z | | z | | | z z ~ order situation was very bad, but the problem of internal security attracted them towards the

police organisation. There comes the evolution of police in British era with regular and

gradual reform. Their revolution brings continuous changes in the evolution of police

59 Ibid.60 Padhi, N. (2007). Police and The Weaker Section. APH Publishing. PP 07- 29. ISBN 81-313-0129-X.

Retrieved September 26, 2014 at 11:37 PM from

http://books.google.co.in/books?id=ax0rSwXmVZIC&pg=PA9&dq=police+system+in+mughal+period&hl=en

&sa=X&ei=AfwmVJ3FOY69ugSUo4HABg&ved=0CCAQ6AEwAA#v=onepage&q=police%20system%20in

%20mughal%20period&f=false61 Ibid.62 Ghosh, G. (2007). Police Accountability: At the cutting Edge Level. APH Publishing. PP 15-25. ISBN : 81-

313-0197-4. Retrieved 24, 2014 at 05:28 AM from

http://books.google.co.in/books?id=MQq0Frgtn6MC&pg=PA18&dq=police+system+in+shivaji+period&hl=en

&sa=X&ei=GP0mVN3qLtCyuATN74BY&ved=0CB0Q6AEwAA#v=onepage&q=police%20system%20in%20

shivaji%20period&f=false


administration. British people came up with the modern concept of police without disturbing

the traditional system policin evolved from the modern period. Before setting up their policing system they studied the and found that police are the essential part of Criminal Justice63.

Lord Cornwallis tried to improve the policing system for the first time. In 1791 he appointed

superintendent of police for Calcutta. The need for establishing police system felt in 1792.

Lord Cornwallis introduced policing system in 1792 for the first time in Bengal where he

replaced Zamindari and Thanedari system with uniform pattern. He divided the districts into

400 sq. miles and established one police station for each for these he appointed Darogah in

each station including Moharir, a Zamindar and ten Burkundaz. In the police system formed

by the Lord Cornwallis consist of Darogha who made responsible to the district judge for his

acts and the towns responsibility left in the hands of Kotwal64.

Lord Cornwallis plan was examined by three committees set up by the Lord Wellesley in

1801, Lord William Bentinck in 1806 and the court of directors of the east India Company in

1813. These committees recommended that more power and responsibility should be granted

to the village police. Sir Thomas Munro commented on these recommendations that this

system was a volte-face of traditional system. But this system did not get success and

abolished in 181465.

In 1832 the committee of British Parliament suggest for the appointment of SP due to the

reason that collectors and commissioners are busy in police work and there is a need to

administer the office. Sir Charles Napier did a commendable job by setting up of police

officials in Sindh. Sindh was in the possession of Bombay presidency after 1832. Sir Bartle 63 Mehra, A. (2011). The Police, State and Society. Pearson Education India. PP 262 228. ISBN : 978-81-317-3145-1. Retrieved September 23, 201 at 10:46 PM from

http://books.google.co.in/books?id=0JJdEhSWS90C&pg=PA264&dq=police+system+in+east+india+company

&hl=en&sa=X&ei=LP4mVMLqItagugS-

xoGYCw&ved=0CB0Q6AEwAA#v=onepage&q=police%20system%20in%20east%20india%20company&f=f

alse64 Singh, D. (2002). Human Rights and Police Predicament. The Bright Law House. PP 382 403.Retrieved on September 25, 2014 at 10:00 PM


administration system there were a Superintendent who was responsible to the sub inspector

and collector. This rule proved best for supervising the lower officials work. This policing

system later followed in many parts of India66.

After the poor condition of 1857, the British felt the urgency need of good policing system

for their internal security. British designed new administration policy on the basis of the

Police Commission of 1860. In 1861 a police act was passed by the British parliament which

depicts in the present policing system also. The major findings and recommendation of report

were67:

Increasing of number of police in each unit.

Expenditure on police force should get increased.

Division consist of commissioners.

Abolition of military police.

Increase in village police.

District based police system headed by SP and DM.

Constitution of single police force for performance of all types of police duties.

Separate military with police.

The major recommendations were followed in Madras Act of 1859.

Police Act 1861 was the first act which depicts the introduction of law enforcement agency in

larger part of India. Police Commission of 1860 describes the nature of police which separate

the military system with civil policing system. This newly system was introduced in IPC and

Cr.PC enacted in 1860-186168.

The basic reason for the formation of police system by the British was to get protected from

the external pressure as they did not want the repetition of 1857 condition. Therefore they

enacted police system for the protection of themselves.

The Government of India set up new police commission in 1902 and made addition as per

the recommendation made in 1860 loop holes report, as 1860 does not produced satisfactory

66 Gorchani, A. (2007). The Sindh Police: Brief History and Developments, 1947-1997. Oxford University

Press. PP 47 58. Retrieved September 27, 2014 at 11:51 PM from http://books.google.co.in/books?id=dDgLklYMCj4C&q=police+system+in+sindh%5C&dq=police+system+in+

sindh%5C&hl=en&sa=X&ei=1f8mVPzZN8jmuQSl2oKIDA&ved=0CCIQ6AEwAQ67 Singh, D. (2002). Human Rights and Police Predicament. The Bright Law House. PP 382 403.Retrieved on September 26, 2014 at 11:00 PM68 Ibid.


result. Lord Curzon commented on the 1860 commission that policing system id inefficient,

defective, improper training, system is corrupt and oppressive and the worst id they are not in been made

regarding training of constables and pay scales69.

The history for the development of policing system by the British was with the motive of

69 Ibid.


CHAPTER 4 REVIEW OF LITERATURE

4.1 Review of Literature:

Ilango (2013), in his study opines that the police women are not recognized by the society,

they are been taken for granted even though there is a trend of recruitment of women police.

There is a need to treat the police women equally to the male police officers for the

development of organisation of police administration by giving powers to women. The

researcher believes that one change given to women may bring changes in the society in the

right path. His report depicts the change in the administrative function of police officials by

giving power in the hands of women without the discrimination on the ground of sex70.

Xavier & Prabhakar (2013), in their research focused on the stress of police officials in many

aspects not only from subordinate authority but also from public. A police officer stress is

vague which results into lack of intelligence, improper work and dehumanization. They also

propound that the factors which may less the police stress are training, behaviour profile, self

control or monitoring on stressful situations, relaxation, fitness training, counselling, and

problem solving techniques. In their research they also find that the reason behind such stress

is lack of administrative support, lack in opportunities, lack in career developments,

promotions, no rewards, work load and excessive paper work. They concluded their research

by describing that one cannot cope with stress easily as at that time he suffers from different

mental tortures71.

The Ministry of Home Affairs in the report of Ministry of Home Affairs (2013), opines that

the present police force in our country is based on man power, even in many areas the

administrative work use to be handled through paper which resulted difficulties to control the

emergency condition through traditional way. There is a need to establish modern policing by

bringing the use of modern technology and equipments in daily needs. They further stated

70 Ilango. (2013). Socio-Economic Condition of Women Police. International Journal of Multidisciplinary

Educational Research. ISSN : 2277-7881, Volume: 2, Issue 5(3). Retrieved September 26, 2014 at 10:59 PM 71 Xavier & Prabhakar, K. (2013). Stress Among Indian Police and Conceptual Issues. International Monthly

Referred Journal of Research of Management and Technology. VOL II. ISSN 2320-0073. Retrieved September 16, 2014 at 03:00 PM


that the more use of modern technology may less the man power work, which the state can

use in field work were man power is used with full presence of mind72.

Sundaram & Kumaranrom (2012), in their research they find that women constables suffers

from stressful job due insufficient time, working overtime, no support of family, inadequate

income, less resources, lack of promotions, delivering death message, facing media, work

load, superior authority orders etc which result non performance of their duty, stress on

general public etc. Research suggested that government have to organize different

counselling, medical checkups, training programme, stress management for these officials

especially women police constables73.

Asian Centre for Human Rights Report (2011), on custodial death in India stated that in the

report of National Human Rights Commission (NHRC) reported 4.33% of person died in

Judicial Custody in India. From 2002 2009 1,504 deaths occurred in police custody and 12,737 deaths in judicial custody and a large number of deaths caused due to torture. The

Asian Centre for Human Rights reported that 99.99% of death caused in 48 hours after the

victim arrest. Maharashtra stood on the first position in police custody deaths i.e. 250

followed by Uttar Pradesh i.e. 174, Gujarat i.e. 134, Andhra Pradesh i.e. 109, West Bengal

i.e. 98, Tamil Nadu i.e. 95, Assam i.e. 84, Karnataka i.e. 6774.

Common Wealth Human Rights Initiative (2011), report stated that police is being the subject

matter of state government as mentioned in the Constitution of India in its VII schedule.

Beside that central government is making efforts by bringing police reform as a

recommendation to state government for the implementation of police officials. Some of the

important committees made for this are75:

Report of The National Police Commission: The National Police Commission was

constituted in 1977 which deals within the aspects of police functioning. The motive

behind the establishment of this commission was to study the condition of police and

72 Ministry of Home Affairs. (2013). Safety City Project Guidelines. PM Division. PP 6-25. Retrieved on

September 17,2014 at 11:00 PM73 Sundaram, S. & Kumaran, M. (2012). A study on Frequency of Stress among Female Police Constables

Reference to Tamilnadu Police Department, India. International Research Journal of Social Sciences. Vol. 1(3),

15-20, November (2012). ISSN 2319 3565. Retrieved on September 16, 2014 at 08:00 PM74 Asian Centre for Human Rights. (2011). Torture in India 2011. Asian Centre for Human Rights. Retrieved

September 26, 2014 at 08:31 PM from www.acgrweb.org 75 Commonwealth Human Right Initiative. (2011). Police Reforms Debates in India. Commonwealth Human

Right Initiative, Better Policing Series in India. Retrieved September 26, 2014 at 10:37 PM from

http://www.humanrightsinitiative.org


to make national reviews on them. This commission submitted eight reports out of

which the very first report laid before Lok Sabha on February 2, 1980 to May, 1981

and the remaining reports were released on March, 1983. The major recommendation The Administration of Criminal Justice System held on November 13, 1992. The

other recommendation made was revision of syllabus of IPS trainees76.

Reports of Ribero Committee: In the case of Prakash Singh v. Union of India and

others filled for the implementation for the recommendation of National Police

Commission, the government constituted a committee under the chairman ship of

Shri. J.F Riberio (IPS, Retd.). This committee submitted two reports before

Honourable Supreme Court. From these reports the Honourable court ordered Union

of India to implement the recommendation of the committee77.

Report of the Padmanabhaiah Committee on Police Reforms: This committee

established under the chairman ship of Shri K. Padmanabhaiah, former Union Home

Secretary. 154 recommendations had been made by the committee on the recruitment,

training, reservation of post, involvement of public in crime prevention, recruitment

of police personnel, delegation of powers to lower ranks in police, revival of beat

system, use of traditional village functional village functionaries, police patrolling on

national and state highways, designs of the police stations, posting and transfer of SP

and above etc78.

Malimath Committee: This committee has been set up under the chairmanship of Dr.

(Justice) V.S. Malimath, former Chief Justice of Karnataka and Kerala High Court to

recommend measures for criminal justice system. They submitted their report on 2003

which consist of 158 recommendations related to setting up of Central Law

Enforcement Agency for federal crimes, Forensic Science Laboratory, Figure Print

Bureau, enactment of new Police act etc79.

CHRI80 (2010), defines new parameters of policing that have been traced currently which has

not yet been follow by the state police. The changes that have been made are:

76 Ibid.77 Ibid.78 Ibid79 Ibid.80 Commonwealth Human Rights Initiative


1. Arbitrariness in appointment: - DGP81 will select three senior officers by Union

Public Service Commission for the post.

2. Arbitrariness in transfer: - Honourable Supreme Court provided tenure to all class of

police officer for their transfer.

3. Separation of investigation and law and order police: - Court has ordered a separation

in investigation which start with town and urban areas which help in providing

speedier and expertise investigation.

4. Establishment Board: - Court directed to establish police administration board which

will consist of DGP and four other senior officers who get engaged in activities of

transfer and appointments82.

Martensson (2006), in her work opines that there is a necessity to bring changes in the current

police system. This area has always being neglected; the training facilities and forensic -availability of resources

is the major drawback for their non performance of work. There is a need to create

transparent and accountable system to fulfil the needs of modern society. Her report

suggested that there is a need of division of police force in three heads i.e.:

1. Independent crime investigating unit.

2. Local police for district level

3. Proper law and order unit83.

Nagesh (2006), in his work develop a method called DEA i.e. Data Envelopment Analysis for

measuring police efficiency. This method finds out the strength and weakness of different

police performing units, also able to suggest the ways for improvement. From the analysis of

researcher it was concluded that a police organisation may perform much better by utilizing

their various input and output resources. The researcher made this statement on the basis that

the DEA report of some of the states like Karnataka, Andhra Pradesh and Tamil Nadu shows

that they are good performing states in the area of investigation, arrest and charge sheeting

while the analysis on the report of other states such as Bihar, Orissa, Gujarat, Rajasthan and

West Bengal. Bihar and Orissa has large number of officers in comparison of Karnataka but

less reported small number of cases. Gujarat stands on 15th number position in term of

81 Director General of Police82 Commonwealth Human Rights Initiative. (2010). Seven Steps to Police Reform. CHRI. PP 5-12. Retrieved on

September 18, 2014 at 05:18 PM from http://www.humanrightsinitiative.org/83 Martensson, E. (2006). The Indian Police System a reform proposal. Loksatta Foundation of Democratic Reform, Hyderabad. Retrieved September 26, 2014 at 11:27 PM


investigation officers but stand on the 9th position in term of arrest, investigation and filing

charge sheets. The technique used in this research submits the way to improve the condition

that Punjab has to reduce the police strength and Sikkim needs additional officials as they

have only 71 investigation officers84.

Centre for Media Studies (2005), in their work they found that 14.65 of total household in a

country met once with police in a year. From them 80% of those had paid bribes, it mean

12% had bribes had been paid up through households. The amount of bribe that has been

traced is INR.1921/- from urban household and INR. 1419/- from rural households. Nearly

INR.3899/- Crores has been paid up in last one year. The amount of bribe depend upon the

nature of case and the average bribe paid for traffic was INR.175/-. The basic reason which

has been traced out of corruption is no personal life, 24 hours working without any facilities,

non availability of basic facilities like washroom and water, excessive stress, pressure from

subordinate rank offices, ill treatment by the society, criticism on each step, and interference

by politicians especially in promotion. It is not easy to punish a police officer but they are

being harassed by suspension, transfer etc. In the study of National Council of Applied

Research they found that the 53% of constables in Delhi and Uttar Pradesh are transferred

from one district to another within a period of less than one year. In their work they suggested

some points which help to reduce corruption are:

Particular numbers of police have to be allotted for a particular number of people so

they the police may have an easier interaction and involvement with citizens.

Transfer should be based on the need of particular situation or on seniority basis.

FIR should get registered through Information Technology.

Introduction of greater accountability85.

IGNOU (2005) In the work presented by IGNOU on police officials describes that,

instead of performing duties towards the state police administration are misusing their

power which raises a sharp focus on accountability of police duties that are they

appointed to serve the society or to corrupt the system. The accountability of police is

to control them but to control the way they perform those duties. The principle of

84 Nagesh, G. (2006). Measuring Police Efficiency in India An Application of Data Envelopment Analysis. Published : Policing : An International Journal of Police Strategies and Management 29(1). PP 15 -20. Retrieved

September 26, 2014 at 07:32 PM 85 Centre for Media Studies.(2005). India Corruption Study 2005 to Improve Governance. Centre for Media

Studies. Vol- 9. Issued by Transparency International India. PP 12-20. Retrieved on September 28, 2014 at

03:18 PM from www.tiindia.in


accountability based on the duties prescribed by the law towards the officials. Using

of force is a norm in police; they are allowed to use it in case of search or arrest. They

are also permitted to us civil force in case of unlawful assembly and this privileged

were always used by the police towards innocent public, because of that they got

criticized on each step. The National Police Commission said that, using of force in

loneliness against an individual when he is helpless is against human right and

unlawful. Police commits Human Right violation on each step in form of custodial

death, custodial rapes, torture, and illegal detention. Every year several complaints

have been reported against police to National Human rights Commission for their

act86.

Daruwala& Joshi & Tiwana (2005), in their work they opine that there are many loop holes ! " # $ # % & ' ( ) ' * + # , % ! - . / " 0 # , 0 1 / . % 0 % 2 . ! 3 , 4 ! # . 0 % # 5 , 0with the changing time. They described that the act is so flexible that the officials misuses the

power that are governed by the respective act. Following Suggestions have been laid down:-

3 ! " " ! + 6 0 # % , ! 1 7 % 1 % 0 - " 1 , # ! % . ! " ! 4 1 2 1 ! 3 / ! + . - 8

the police.

The 6 ! 9 . 4 % , , 7 % 1 % 0 - " 1

efficient police force.

The duties of officials are narrow and limited.

The act does not compel the police for functioning of professional services also the

act limit the police officials to control the circumstances related to public

accountability.

The act restricts the rule of law establishment and the growth of proficient system of

policing87.

Joshi (2004), in his report mention that the police function is to establish rule of law instead

of rule of politics. One should not blame police for their acts; they are being ruled by the

superiors and the politicians. Police held accountable for their acts only when they work

independently. For the improvement of police department new act, new mechanism,

86 IGNOU. (2005). Police and Human Rights. IGNOU : The Peoples University. This material has been defined under chapter three of IGNOU university publication under police accountability and reforms. Retrieved on

September 19, 2014 at 01:29 PM87 Daruwala, M. & Joshi, GP & Tiwana, M. (2005). Police Act, 1861: Why we need to replace it? Police

Reforms too Important to Neglect too Urgent to Delay. Common Wealth Human Rights Initiative. PP 1-15.

Retrieved on September 17, 2014 at 02:00 PM

Condition of Cops/Police in India ; An Analysis

< =

independent working must be established. There must be upgrading in the training,

recruitment, leadership, living condition, working for the betterment of society88. > ? @ A B C ? D E F G D H I D J ? K E L @ B E ? L M N L I D E B O P Q B @ F(1999), from his study finds that to maintain

peace and security there is a need of proper organisation of police officials. Through his work

he recommend that the entire supervisory officer should raise the standard in the behaviour of

all staff, ranks and ensure that every one treated with respect and dignity, training of

constables, use of technology, maintains confidentiality89.

Dr. Singh (2002), in her thesis quoted the Former Commissioner of Delhi Shri Ved Marvah

statement that the living condition of human of our country is divided into two groups which

stills prevail in our country which divided into two sets of law one for the top class persons

and another for powerless persons. He also describes the need to stand for injustice and no

longer tolerance which use to create by police officials90.

Dr. Singh (2002), through her analysis she concluded in her thesis that there is a need to

establish familiar relations towards public by the police officials, the complaint made by the

public should be investigated and attended properly without delay, public must aware with

the duties and rights of the police so that they may deal with them properly without fear,

complaint boxes should be kept in a proper distance for the victims, monthly meetings should

be conducted between police and public91.

Sahni (2000), in his research on police investigation he reveals through study that police has

no good reputation in the society this one of the major reason of public incorporation with

police. Police work found as an unsatisfactory in the society which resulted into increase in

crime, the reason described by the police administration is inadequate staff, inadequate

salary, lack of resources, twenty four hours working, false charges on them, lack of funds and

political interference. He concluded through his work that public is unaware about their

duties towards police that law mandate them to inform the police whenever individual came

to know about crime or other malpractices, society is feared of the brutal behave or ill manner

way towards them by the police. He further said that the police is being criticized by the

88 Joshi, G.P. (2004). Police Accountability in India. Commonwealth Human Rights Initiative, New Delhi.

Retrieved September 26, 2014 at 11:12 PM from http://www.humanrightsinitiative.org/ 89

R S T U V W S X Y Z [ X \ ] X ^ S _ Y ` T V Y S ` a b ` ] X Y V c d e V T Z f g h i i i j f k ` e l _ S \ ] Y S m T l Y Z n ] m e V ] o p q V e S X V ] o r ` T Y s S T ] \ T S e V ] osecuring and maintaining public confidence. Home Office Communication Directorate on behalf of HMIC by

Sweden Press. ISBN 1840 82 283X. Retrieved September 26, 2014 at 10:49 PM90 Singh, D. (2002). Human Rights and Police Predicament. The Bright Law House. PP 382 ; 403. Retrieved on September 17, 2014 at 09:00 PM91 Ibid.

Condition of Cops/Police in India t An Analysis

u v

society because of their failure in work but police mans are not aliens or they are not born

with super natural powers they are like the people of society, what lacking in them is proper

training, lack of force, resources and respect from the society92.

The researcher in chapter II, Crime and Social Environment of his book define that, in the

police administration the major duty lies on the constables and the head constables of the

police station whom good and bad behave towards people affect a lot. The constables must

understand that it is their duty to towards the society for the protection of their lives and

protect. The decision and a right step of constables may catch the criminal from the crime

scene. It is essential that they must get fully trained93.

Valecha & Venkataraman (1986), from their research they concluded that an effective w x y y z { | w } ~ | x { } } { | y x ~ } { ~ x | { ~ x | w } y | { | ~ } ~ | x { ~ { w } ~ x ~connected with different police stations which can be made easier through computers in every

police station. These measures will not only going to help to interconnect with each

departments but also it may reduce corruption which will help lower police officials to get

promoted through their work also it may provide kind rank and respect which may reduce

stress94.

Multiple researches have been conducted by many scholars, government institutes and human

rights commission on the cops of India but in every research the condition of police that have

been reflected is disappointing. Police are the guardian of society their duty is to maintain law

and order in the state but they failed in performing their duties due to non - availability of x z w x | ~ | w } z } { z | x x | x } ary turns them towards

corruption. Our government is doing major developments in every field except police. For the

protection of society there is a need to have a strong police force.

92 Saini, K. (2000). Police Investigation Procedural Dimension Law and Method. Deep and Deep Publication PVT.LTD. PP 23-55. Retrieved on September 19, 2014 at 01:00 AM93 Ibid.94 Valecha, GK & Venkataraman, S. (1986).Improving Efficiency and Ensuring Impartiality of the Police Force.

Vikalpa. Vol. 11, No. 1. Retrieved on September 16, 2014 at 09:55 PM


CHAPTER - 5

ANALYSIS OF CONDITION OF COPS IN INDIA

5.1 Analysis of the term police

5.2 Ranking System

5.3 Misuse of Power

5.4 Police Custody

5.5 Method of torture and harassment

5.6 Political Pressure

5.7 Comparing the police system of India with Cops of Foreign

5.8 Police and Corruption

5.9 Non Availability of Resources

5.10 Jan Maitri

5.11 Major Findings of study through Pilot Study

5.1 Analysis of the term Police:- analysis of their condition. The word police have been

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