“EVOLUTION OF POLICE IN INDIA”

LOCAL SELF GOVERNMENT & FEDERAL GOVERNANCE

SESSION: 2021-22

SUPERVISED BY SUBMITTED BY
MS.SHRIYA BADGAIYAN NIKHIL SAHU
FACULTY OF LAW ROLL NO. - MU21LLM1Y052
DECLARATION BY CANDIDATE

I NIKHIL SAHU hereby declare that this project is record of authentic work carried out by
me during the academic year 2021-2022 Submitted in partial fulfillment of the degree of
Master of Law to Mats University has not been submitted to any other university or institute
towards the award of any degree to the best of my knowledge and belief.

Signature of student
NIKHIL SAHU
APPROVAL CERTIFICATE
This is to approve that the work presented in the project titled “EVOLUTION OF POLICE
IN INDIA” was carried out by NIKHIL SAHU and submitted for the partial fulfilment of
the requirement for the award of the degree of Master of Laws in Mats University is the
original work carried out under the guidance and supervision of MS.SHRIYA
BADGAIYAN and that no part of this work has been submitted elsewhere for the award of
any degree or diploma.

MR. PRASHANT KUMAR

Head of the Department

3
CERTIFICATE FROM THE GUIDE

This is to certify that the project entitled “EVOLUTION OF POLICE IN INDIA”

submitted in partial fulfilment of the degree of Master of Laws to the MATS, Raipur, done by
NIKHIL SAHU ID No. MU21LLM1Y052 is and is an authentic work carried out by her at
MS.SHRIYA BADGAIYAN, MATS UNIVERSITY under by guidance. The matter
embodied in this project work has not been submitted earlier for award of any degree to the
best of my knowledge and belief.

Signature of the Guide

4
EXAMINER’S CERTIFICATE

This is to certify that NIKHIL SAHU student of LLM 2nd semester, MATS
UNIVERSITY, learning Center Raipur has submitted the project “EVOLUTION OF
POLICE IN INDIA” for the partial fulfilment of the award of LLM 2nd semester and has
completed this project in scheduled time.

We approve the sincere work done on this project and the project report.

INTERNAL EXAMINER EXTERNAL EXAMINER

5
ACKNOWLEDGEMENT

With great pleasure I would like to present my sincere gratitude to MS.SHRIYA

BADGAIYAN our teacher for helping me throughout my project and providing her
guidance to me. I would also like to take this opportunity to thank our H.O.D
PRASHANT KUMAR, coordinator of Mats School of Law, for giving us this project
which made us gain practical knowledge in the field.

I express my heartiest thanks to the faculties for giving me an opportunity to work

under their guidance in their esteemed organization and providing me necessary
resources for my project.

I would like to extend my sincere thanks to all the respondents to whom I visited for
giving their support and valuable information which helps me in completing my project
work. I would also thank my institution and my faculty members without whom this
project would have been a distant reality.

I would also like to thank my parents and friends who helped me to make this project
and motivated me to complete it on time.

NIKHIL SAHU
LLM 2nd SEM

1
EVOLUTION OF POLICE IN INDIA

From the Vedic Period, the changing pattern of governments, despite the

protection of life and protection of the people has been cardinal function of the State. The

administration of criminal justice and the structure of internal security system have been

inextricably linked with the broad stream of religion, ethics and political institution.

Therefore, the term ―Police‖ broadly connotes the purposeful maintenance of public order

and persons and property from the hazards of public accidents and the commission of

unlawful acts. The evolution of police has been divided into following periods.

 Ancient Period

 Medieval Period

 British Period

 Pre-Independence Period

 Post Independence Period

2.1 Ancient Period (320-1200 A.D)

It is difficult to trace the history of a regularly organized and legally controlled

police system before the British rule in India, but it is also incorrect to mention that the

police system in India is a creation of the British. A little information is available about

security organization in the Harappan Civilization. They had employed security guards to

protect the township of Indian merchants. They had also drawn up elaborate
arrangements for internal security as the two rows of the houses have been identified to

be military barracks for accommodating regular army detachments intended for the

defence of the city. An interesting Harappan seal shows the figure of a man holding a

stick which has now been interpreted as portraying Dandadhar.1 It seems that this is the

first pictorial representation of a ―Police man‖.

Manu is one of the most ancient works that has come down to us through ages. He

is founder of the social and moral order who was the first to deal with the problem of

human social relations. The state was entrusted with two main duties of preservation of

peace at home and freedom from outside control. It also provided an officer at the head of

village and each officer should supervise those below him. King‘s duty was to prevent

crime and punish guilty. Thus, Danda symbolized the coercive power of the State. It was

never arbitrary or ruthless. In fact, it was the first basic postulation responsible for the

birth of a police system. In the Ramayana of Valmiki, it is found that there were squads

of police to captivate Hanuman in Lanka. Even when Lord Rama returned form exile,

arrangements by police were made to control the crowd to avoid stampede and there is a

graphical description of ‗Dandayavadha Dharakas‘, parading in the streets of Kingdom of

Ravana. The great epics of Ramayana and Mahabharata adequately mention the

protection of the subject as most important and basic duty of the king. The concept of

danda was the most important political idea put forward by Indian thinkers. The primary

meaning of danda is rod or staff. Traditionally the staff has been an emblem of command

1.
orM.S.Parmar,
authority. Law
In a and Order sense,
broader Administration in India,
it was an PP. 33-35
abstract idea symbolizing cosmic force and was

given a concrete form. Danda the symbol of the right to punish – is Dharma itself for a
king in his function as a dispenser of justice and was considered his most righteous duty

and an unavoidable obligation towards his subject.

In ancient India another branch of literature called Arthasastra was developed alongwith

Dharamsastra. Artha in modern parlance means money but in ancient Indian concept

economics was represented by the term Varta, and Artha devoted politics. Thus

Arthasastra is a science of politics or government. Arthasastra was written by Kautilya

who was the minister of Mauryan Emperor Chandragupta. It covers all spheres of

administration of state, i.e., executive, legislature, judiciary, police and military.

Kautilya, who blessed an elaborate system of policing and laid down several grades of

bureaucracy also called the father of modern concept of police. Dandaniti propounded by

Kautilya in Arthasastra was the science of dealing with the crimes, punishments to be

given to criminals and then, danda became the essence of the government. Manu

emphasized the Arthasastra ideal as the supreme authority of danda by raising it to the

level of the foremost political expedient and divine institution as well. Manu‘s police was

divided into two functional departments, namely, i) the criminal investigation department

and ii) the law and order wing.2 As of today, the criminal investigation department was

subdivided into two units – i) one for collection of criminal intelligence and investigation

of crimes and the other ii) Special Branch for collecting intelligence for the security of

important dignitaries, prevention and prosecution of economic offences.

Till the end of Gupta period in 540 A.D. the king continued to be ultimately

responsible for making up losses due to theft. The village headman was assisted by a

council in apprehending criminals with the help of police. He performed the functions of

revenue collection and for this function he was remunerated with the grant of land. From

the Gupta period there is practically no concrete evidence of a well- organized police

system till the advent of medieval period. The indigenous police system in India was

organized on the basis of land tenure and also on the collective responsibility of the

village community. The landholder was bound to apprehend all disturbance of the public

peace and restore the stolen property, or make good its value. The law and order in the

village was maintained through the headman through a number of subordinate tenure

holder.3

2.1(A) Police Organization in Ancient Period

The policing system of Kautilya was on two distinct lines; i.e. civilian department

assigned with police powers and a cadre of regular police officers. He had conferred

police powers on almost all the departments which had public dealings. He had ensured

that the intervention of the state in all matters concerning administration was total. The

cadre of regular police comprised of the rural and urban branches, which functioned on

similar lines. The hardcore was composed of three-tier system; namely:

 Essentially for the rural arrears - Pradesta,

 For urban areas - Nagarka, and

 At the top of rural and urban areas – Sthamikas.4

2. Kewal Motwani, Manu Dharma Shastra, P 143
3. M.B. Chande, The Police in India, PP. 55-59
The most junior rank was the Gopaa. Police headquarters were located in the

capital with representative police officers in all principle centres and important villages

(Sthaniya), 400 villages (Mukha), 200 villages (Kharavatas), and 10 villages

(Sangrahana). Samaharta was a senior officer of the central government and variously

characterized as Home Minister, Finance Minister, and the Administrator headed by the

law and order machinery with a countrywide jurisdiction. The suppression of crime and

maintenance of law and order was his ultimate responsibility. He had a several competent

secret agents to report on criminals and elements, including dishonest official. He

asserted the royal writs. The officer concerned with the maintenance of law and order,

investigation of criminal cases and the punishment of criminal worked under him.

2.2 Medieval Period (1200-1757 A.D)

Coming to the Muslim rule about eight century in Sind, the early police

organization is not mentioned anywhere. May be this period was more of conquest and

military occupation without any serious attempt to consolidate and run civil

administration. It is more important to realize that the Muslim conquerors tried to implant

the police system, keeping in mind the concept prevailing in their homeland. They tried

to fit it in with the Indian social setting. However, this system of administrating justice,

punishment and policing was primarily Islamic and was based on Holy Quran. After 1206

A.D, with the commencement of the rule of Slave Dynasty (1206-1290 A.D), and

thereafter with the Khalji Dynasty (1290-1321 A.D), the Tuglaq Dynasty (1321-1413

A.D), the Lodhi Dynasty (1451-1526 A.D), the Sur Dynasty (1539-1555 A.D) and
thereafter the Mughal Rule (1556-1765 A.D), the civil administration and policing were

attended to slowly, alongwith territorial expansion. During this period, the Hindu

population was subjected to a different law and the pandits were associated to interpret

the Hindu law and to give their opinions on it.

During the Pre-Mughal era, especially during the reign of Muhammad

Tuglaq, public censors, commonly called Muhtasibs were appointed. The word muhtasib

comes from Al-hisbah, meaning the office of the perfect police. This rank was first

created by Caliph Mehdi, according to Amir Ali, and has been in existence thereafter in

the Islamic countries. ―The duties of the police according to him, as defined by Abul-

Hasan al Mavardi, are circumscribed with the limits imposed by law to enforce what is

incumbent and to prevent from committing what is forbidden when it comes into

prominence.‖ ―The Muhtasib, with all his duties of police and village censorship existed

both at the capital and in the province.‖ This rank of muhtasib continued throughout the

reign of Razia Begum, Ghiasuddin Balban and Sultan Sikander Lodhi.5 During Balban‘s

period, the espionage system was established and spies were required to report every

instance of misconduct. During Shershah‘s reign, a Shiqdar, an executive officer, for each

other sarkar, part of province, performing police duties and also administering criminal

justice was appointed. The first rank of ―Shiqdar-i- Shiqdaran‖ also finds mention. At the

village level, Muqaddams (village chiefs) performed the police duties regarding the

safety of life and property. Payment of these functionaries was made in cash or as a grant

4. P.D.Sharma, Police and Criminal Justice Administration in India, P 80

5. J.N Sarkar, Moughal Administration, P 92
of jagir or a share in revenue or in that of the village produce. During Akbar‘s reign, the
muhtasib is said to have exercised quasi-judicial powers. In addition, he functioned as a

municipal officer. During Shahjahan‘s reign, and that of Aurengzeb, the city of police

chief or kotwal also attended court on every Wednesday from 8:00 a.m. till midday,

along with other Officials of the Royal Court at Delhi and Agra.6

Though there was no evidence available about the direct criticism of the police

functionaries in history books, yet indirectly a lot of evidence is available regarding what

must have generated a deep-rooted hatred for the police functionaries.

Punishments were very harsh, such as flaying alive, the cutting of the nose, the ears and

the forearms, executing with a sword, trampling by an elephants, and mutilation. During

Akbar‘s Period, feet were cut for taking away forcibly the shoes of another person.

During Jahangir‘s period, the governor‘s servant took away some plants from the royal

gardens. Both the thumbs of the accused were chopped off. ―Capital punishment is

generally inflicted before his eyes and with great cruelty whether in the capital city or

whether while he is holding his court.‖ In punishment also the Mughal follow the Islamic

law. ―Punishments in Islamic law were of three kinds—

 Qisas or retaliation meant life for life and limb for limb;

 Hadd – specific offences, which the society regarded as anti-social or anti-

religious—theft, robbery etc.

6. Ibid

 Tazir or discretionary punishment.‖

A police functionary was never employed solely for police work, as understood and

carried out today. During the Sultanate Period, the appearance of police functionaries

seems to be in the converse ratio to the disappearance of urge or necessity for the

expansion of military occupation. During the Muslim Period, he had other duties along

with policing. The Kotwal kept people under his custody on complaints of revenue

collectors, subedars for serious allegations, and whenever a qazi sent a man for detention.

This system must have led to a large scale wrongful confinement on flimsy grounds or

owing to vested interest.7

2.2(A) Police Organization in Medieval Period

Till 1772, even with the coming of the East India Company, conditions in Bengal

were reported to be chaotic. Only two courts could be established at Murshidabad. In

1862, the Indian Penal Code and the criminal procedure code came into force. The

Evidence Act was enforced in 1872 and thus the Qazis, the muftis and the pandits along

with the Islamic law and the Hindu law, got replaced. Though the British made changes

in the administrative functioning, yet they retained the Mughal framework for policing.

Not only ranks, such as kotwals, thanedar, pargana and darogha, continued, but it took lot

of time to make changes and they could go only to the extent of keeping their hold on this

country. However, slowly a change came from the Perso-Arabic model to the British way

of policing.

7. Supra Note 1, P 54
2.3 The British Period (1757-1857)
Experimentation by the British can be taken into consideration right from 1672

onward. At Bombay in 1672, a body was formed comprising watchmen to work during

nights against crime relating to property, and in 1771 this force was called ―Bhandari

Militia‖. In 1779, a rank called ―Lieutenant of Police‖ was created and the chief of the

police came to be known by this rank. The British period can be intensively studied in

two portions. The first period covers 1757 to 1860. The other period covers 1860 to 1947.

With the British victory at Plassey in June 1757, the treaty with Nawab-Siraj-ud-Dualah

and Mir Jafar, the British, who had come to India as traders also became the rulers while

still carrying on the trade? They conquered province after province. Earlier, the trading

settlements at Calcutta (1717), Madras (1800) and Bombay (1662) assumed political

significance, overshadowing commercial interests. Residents were appointed in Bengal

Bihar, Orissa, Burdwan and the 24 Parganas, Midnapur, Chittagong and Buxar (1764)

also entered the British fold. After Mir Qasim‘s exits in 1763, and during this short span,

after the decline of the Mughal Empire, whatever police system was then in vogue

became further corrupted in this area. The kotwals and daroghas became further

oppressive, as the Nawab‘s authority had weakened while the British were mainly

interested in collected revenue.8

Around this period, heinous crime increased. There was mass-scale looted. Even

gangs, with three hundred members strong, roamed about, and Majumdar gives the

detailed account of lawlessness, inefficiency, corruption and the total failure of the

8. Supra Note 3, P 71
functionaries. Crime increased till Warren Hasting‘s recall in February 1775. More

towards the north up to Patna and Banaras, the thanedars, kotwals and other police

functionaries, e.g. burukundauze, along with the zamindars, were conniving at the

activities of the robbers and the dacoits on a large scale. Warren Hastings, Governor of

Bengal, in 1774 complained of the deteriorating law-and-order situation. On 9 December

1775, the institution of the faujdar was reintroduced and it continued till 1781 under the

charge of the Deputy Governor of the provinces of Bengal and Bihar. Lord Cornwallis

came to India in September 1786. On 7 December 1792, regulations defining the duties

of the darogas, jamadar fixing their salaries and relationships with Magistrates,

zamindars, paiks and village watchmen were issued. Lord Cornwallis abolished the

thanedari system and darogas was appointed to operate in 400 square miles.

The grand jury in 1793 was not satisfied with police arrangement at Madras and

Bombay. Under regulation 8 in 1795, the appointment of kotwal for important cities even

up to the present day Patna, Banaras, Mirzapur, etc. had little effect and the police of

those days could not control crime. During Marquis of Wellesley‘s tenure (1798), gives a

description of the police functionaries‘ inefficiency, corruption and negligence.

Inefficiency, extortion and oppression by kotwals and darogas does find mention even

when Lord Minto came to India in 1807 and much criticism after that about the

inefficiency, negligence and corruption by the police functionaries continued. The police

committee in December 1806, mention about the tyrannical disposition and criminal

habits of zamindars who had the control over rural police is made. It was recommended

that police forces be separated from zamindars, as it would eliminate chances of

corruption, negligence and make the police functionaries directly responsible to the

governor for the performance.

The Madras Government appointed a commission in September 1854 to investigate

complaints of torture. This commission submitted its report in April 1855. In this report,

it admitted that torture had been practiced in the country for long by police and revenue

functionaries and earlier it had not received importance. In 1843, Sir Charles Napier

annexed Sind and, on the pattern of royal Irish constabulary, set up the police

organization. This organization proved very successful. A bill was passed on 16 March

1861 and it came into force as the Indian Police Act on 22 March 1861. This Act

visualized the civil force on the pattern of the British Constabulary Force.

Recommendation regarding its functions, organization, discipline, pay and jurisdiction

were made. Recruitment, training and control came under the British officers on a

uniform basis and on a provincial level. This act covered the Punjab, the United Province

of Agra and Oudh, the Central Provinces, Bengal, Bihar, Orissa, Assam, Madras,

Bombay, North-Western Frontier Province, Delhi and certain states in Rajasthan had

each its own police force.

2.3(a) Pre-Independence Period (1856-1947)

The concept of policing and the duties of functionary started coming into clash with

the popular aspiration during this tumultuous period, i.e. the freedom movement

especially. The then government run by the British and the Indians equally had a different
concept and it has considered that police, as an organization, was not concerned by the

politics and it was performed the functions of enforcing the law of the land of that time.

Thus the Indian nationalism, demanding political freedom, which was considered under

the prevailing law a political crime, and other illegal activities made the police to take

sides with the rulers, as these acts are considered illegal.

The war of freedom in 1857 made the British realize that baton and the gun alone

would not enable them to hold on to for long. Reforms that had been maturing for many

years with pragmatic bureaucratic thoroughness were suddenly enshrined in law. The

Code of Civil Procedure, 1859, the Indian Penal Code, 186- and the Code of Criminal

Procedure, 1861 were enacted. In 1860, a police commission with M.H. Court as its

president was appointed to the study exhaustively the police needs of country and

government and the product of its deliberations was the police act of 1861. Under Police

Act of 1861, the Police Force was not conceived as a service organization but designed to

keep the Indians in check under strict magisterial control of a single unified police force

in every province. The real intention of it could be discerned in its preamble which

reveals that it is expedient to reorganize the police and to make it a more efficient

instrument for the prevention and detection of crime.9

Another landmark in the history of Indian Police during the British period was the

appointment of all India Police Commission in 1902, by Lord Curzon, Viceroy of India,

comprising seven members including two Indians. The commission was required to

9. Available at http://www.Police in India/independence/html, visited on 14. 05.1014

conduct a comprehensive inquiry to secure a reasonable degree of uniformity in the

police organization, to formulate recommendations for improving the organization,

training, strength and pay of all ranks of the district police, to improve the performance of

the police personnel, and to suggest effective measures to ensure prevention of torture of

police, better magisterial supervision over police and several other allied matters.

There was no entry for Indians into the imperial police and it was thrown open to

police only after 1920 through entrance examination. Indianisation of police service

continues to be very slow despite pronouncement and recommendations. Till 1931,

Indians were appointed against only 20 percent of the total posts of superintendents of

police but thereafter more Indians were appointed to the Indian police due to non

availability of European candidates. After the All India Commission 1902, nothing

concrete was done in the reform of the police administration till independence whereas

many important changes took place in the social, political and economic life of the

country. In retrospect, it is not an exaggeration to state that all exercises undertaken

during the British rule for reforming the police were no more than expensive exercise in

futility, for India inherited, on becoming independent in 1947, the 1861 system unaltered

in any basis respect.10

2.3(b) Post independence (1947 – 1987)

The Independence of the country on August 15, 1947 and the promulgation of

Constitution on January 26, 1950 ushered in the radical transformation in the political,

10. Ibid
social and economic character of the Indian society. As per Constitutional provisions,

politically, the country secular, socialist democracy based on adult franchise, and

guaranteed to all its citizens rights and freedom. A society based purely on agricultural

economy started in rapid strides towards a modern transformation and technologically

competent agro-industrial economy. These changes widened the scope of the area of

operation of police and made its role more complex. Moreover, these called for a new

approach towards the function and organization of the force on the part of the

government and a reorientation on attitude and approaches on the part of the police men.

The Indian Police System and structure as presently organized are essentially

based on an Act 131 years old, the Police Act of 1861. The working of the police has

been analyzed twice at the all Indian level within a period of 90 years. Firstly, it was the

Indian e Commission of 1902-3, i.e. during British regime and the latter in 1977 by the

National Police Commission. They found Police far from efficient, defective in training,

organization, lacking in public relations, welfare measures, machinery for redressed of

grievances, etc, and one which was generally regarded as corrupt and oppressive.

Independence brought revolutionary changes in political structure of government. It

brought none of the consequence to the structure of police administration. The three

structural characteristics distinguishing the contemporary police system-controlled by the

State Government, horizontal stratification, and functional specialization between armed

and unarmed police- had been developed before independence.

2.4 Central Police Administration

The Central Government determines the selection and condition of service of

All India Police Service Officer, whereas the states determine the selection and

conditions of all the lower ranks. Home minister is responsible for maintaining of Police

Training School and Central Intelligence Department. It is responsible to government of

India for police administration. It guides and assists its counterparts in the States on

important matters relating to special problem of law and order and criminal

administration. It has always a great many important functions to perform, may it be in

time of peace or of emergency. It also convenes annual conference of the Inspector

General of Police which helps in better coordination of police work. In addition, the

Ministry distributes the police medals and national awards every year in recognition of

the outstanding police service rendered by the meritorious policemen in the States.11

A few important specialized agencies which the Central Government maintained are

as follows:-

1. Central Forensic Institutes: These institutes are maintained to conduct research

and provide scientific aid necessary to detects criminals. These institutes help in

combating and preventing organized crimes such as forging of documents,

counterfeiting of currency and manufacturing of explosives. West Bengal was the

first State to establish the Forensic Science Laboratory in Calcutta in 1953.

11. Shankar Sen, Police Today, P 26

2. Sevologist to the Government of India: It is concerned with analysis,

identification, origin and grouping of blood and physiological fluids and helps in

investigation of murder, rape, suicide cases.

3. The Central Finger Print Bureau: The institution which started functioning

from 1955 records the finger print slips of all type of criminals including

international and interstate criminals. It readily establishes finger print

relationship identifies the old offenders. It also organizes advanced training

courses in finger print sciences.

4. The Master of the Mints: These agencies located in Calcutta and Madras and

their function is to furnish expert opinion on suspected coins.

5. The Master Indian Security Printing: The institute furnishes expert opinion and

advice which establishes conclusively whether particular bank notes stamps are

genuine or not. This helps the police to arrest the criminals in the trade.

6. The Inspector of Explosives: The country is divided into five circles for the

administration with the headquarters at Calcutta, Bombay, Madras, Agra and

Gwalior. It has the technical know- how examine the components, sensitivity and

nature of explosives used and establish the kinds of criminal offences.12

In addition to the above agencies there are other forces/ agencies raised by

Union Government to meet the needs of the security of the country both external and

internal. A brief description of these is as follows:

12. Ibid, PP. 28-30

(A) The Central Reserve Police Force:

The Central Legislature enacted the Central Reserved Police Force Act in

1949. Government of India has been use both Central Reserved Police Force and Border

Security Force for law and order purposes, which strictly lies in the domain of the state of

list 1 of the seventh schedule of the Government of India, act 1935, rule 25(a) of the

Central Reserved Police Force rules, 1955 states that the member of the force may be

employed in any part of the Indian Union for the restoration and maintenance of the law

and order and for any other purpose as may be directed by the Central Government. The

force has two main functions. Firstly, the Government of India may send it to those

trouble areas where the Central Government has special responsibility to discharge and

situation so warrants the deployment of force. Secondly, Government of India may send

the force to any part of the country to supplement the local police. The force has proved

useful in maintaining law and order. Facing a near mutiny to its police force, the Gujarat

Government brought in parliamentary forces to man police stations. The force is also

doing well in Punjab to curb terrorism there.

(B) Indo-Tibetan Border Police:

Indo-Tibetan border police was raised on 24th October, 1962 after 1962 china

war. The force is governed under the CRPF Act, 1949. The head of the force is Director

General and it‘s headquarter is situated at Delhi. It was raised as a gorilla force. Its

functions are to check infiltration into the Indian border from Tibet into Jammu and
Kashmir, Himachal Pradesh and Uttar Pradesh. It apprises the Intelligence Bureau of the

Central \Government with the day to day activities going on Indo- Tibetan Border. Now a

days it has been deployed to maintain security in Jammu and Kashmir and for security

duties in the banks of Punjab. During war this force is put under the control of army to

perform its functions.

(C) The Border Security Force:

Border Security Force is the second kind of police force under the control and

supervision of the supervision of the Central Government. The B.S.F. is the light infantry

force, like any state armed infantry battalion. The manifest functions of the BSF under

Border Security Force Act, 1968 are as follows:

1. To police and patrol the Indo- Pakistan and, Indo- Bangle Border, and provide

protection to persons and property of the people against depredation from across

the border; and

2. To deal with incidents of intrusions, illegal infiltration, and trans-border

smuggling; and to coordinate the activities of the various law and order agencies

involved in the detection and prevention of crime in the border areas.

(D) Central Industrial Security Force:

The CISF was established by an act of parliament in 1968. It was created to

maintain security and better protection in all public sector undertakings against labor
unrest and other kinds of political violence which sabotage and retard production in these

sectors. Its works under the control of the Ministry of Home Affairs. It feeds the ministry

with valuable intelligence data enabling it in formulating the policies for industrial

security.

(E) The Railway Protection Force:

The Railway Protection Force came into existence with its Act of 1957. It is

separate police agency, financed and directed by the railway administration. Its function

is to prevent and investigate crime committed on the railways within railway premises. It

has powers to arrest without warrant any person suspected of being an offender and it

also enjoys special power to make enquiry and search in such cases.

(F) The Central Intelligence Bureau:

The Central Intelligence Bureau is very important organization of the

Government of India. Its working is top secret. It also maintains an intimate contact with

the state intelligence units. Before independence, this bureau was called the political

department. It was established by the British government to keep watch on the politically

dangerous department in the country. Presently it is under the control of Ministry of

Home Affairs. CIB is headed by the director, usually a senior Inspector General of

Police.
(G) The Central Bureau of Investigation:

The Central Bureau of Investigation is the Central Government‘s criminal

investigation department (CID). It was created on April 1, 1963, by taking over and

expanding the work of the Delhi Special Police Establishment. It has six divisions‘ viz.

(a) Investigation and anti-corruption, (b) Technical, (c) Crime and records and statistics,

(d) Research, (e) legal and general, (f) Administration. It responsible for collecting,

collating, and supplying to the government all information and intelligence related to the

security of the country. It is also responsible for the investigation of crimes and is an anti-

corruption agency of the Central Government.13

2.5 State Police Administration:

The police organization in the State is established in the Indian Police Act,

1861 and it is governed by this Act.14 Under this Act, powers of the top police officers

have been defined. Provisions of appointment, dismissal, penalties etc, have been also

defined. Police department, in the State is placed under the charge of Home Minister who

is usually the Chief Minister or some senior member of the State Cabinet, assisted by the

Home Secretary, a senior member of the Indian Administration Services. In a State at the

top level of the police establishment is the Director General and Inspector-General of

13. Available at http://www.Central Police Administration in India/ Agencies/html, visited on 14.05.2014

14. Article 2 of the Indian Police Act 1861.
police who is from the cadre of the Indian Police Service. There are Inspector Generals,

Deputy Inspectors General and Assistant Inspector General to assist the Director General

and Inspector General of Police in smooth functioning. For effective administration

purposes, the whole state is divided into various ranges/zones keeping in view the

geographical and functional criteria. A zone consists of few districts. District headquarter

are the most important police set up in the state. It is headed by the Superintendents of

Police. Further, every district is divided into sub-divisions, which are supervised by the

assistant Superintendent of Police and Deputy Superintendents of Police. The sub-

division is divided into police circles. It is usually under the supervision of an Inspector.

Police station (thana), if in city, is supervised by an Inspector but otherwise, it is

supervised by sub-inspector. The incharge of the thana is called Station House Officer

(S.H.O.). He is responsible for the maintenance of law and order, and public tranquility

within its jurisdiction. He maintains the records and investigates the crimes too. To assist

him, there are Assistant Sub-Inspectors, Head Constables and Constables. In addition to

this hierarchical description of police at state level, there are various police segments.

These are unarmed police, armed police, railway police, rural police and volunteer police.

(A) The unarmed and armed police:

The State Police Force is divided into the armed and unarmed police or

civil constabulary. The unarmed police as evident from its name are uniformed force but

do not carry arms. Its personnel carry a short baton or a lathi in their hands and can be

seen usually on beat duties. On the other hand, the armed police do not have daily contact
with the public. It lives in cantonments established in each state and is concentrated at a

few points. It responds only when situation involving public interest has arisen with the

order from the superior officer. A Personnel of the force hardly exercise any individual

discretion but usually acts as a group. It does not only have the exclusive duty to quell

public disturbances but also serves as guards for government buildings and jails. It is also

deployed on security arrangement for public meetings or other similar events which draw

a large crowd.

(B) Railway police:

The Railway Police is a special branch of the state police and is normally

controlled by the Deputy Inspector-General of Police. This force is entrusted the

responsibility of preventing and investigating crimes committed on the railway premises.

(C) The Rural Police:

The system of village police, recommended by Indian Police Commission of

1902, continued without any major changes for the rest of the period of British regime in

India. It is the second auxiliary group of the State Police. The village watchman is

commonly known as chowkidar. He is appointed by the deputy commissioner and can be

dismissed by him. He is responsible for patrolling in the village at night and for notifying

criminal acts, suspicious activities and public unrest to the nearest police authority. He is

paid paltry sum as salary by the government. Supporting the retention and use of the rural
police, the Bihar police commission recommended that the rural police should be

maintained intact and its local character should not be affected as its roots are in the soil

of the area and has grown with local tradition and customs.

(D) The Volunteer Police:

It is the third auxiliary group of the state police consisting of various

Volunteer Police Organization and home guards being the most active. Home guards are

the member of the public holding permanent employment outside the police force. It

assists the police in their functions in times of local emergency. The other force is the

village volunteer force which is known as the village defense party. It is the body locally

recruited men. Personnel are encouraged to take upon themselves the responsibility for

the security of the area in which they reside. In most of the States, they do not have any

legal basis or any special legal power to take upon collective defense.15

2.6 Modernization of police:

Modern police is primarily concerned with detection and investigation of

crime and apprehending criminals by making arrests. They are concerned with the

protection of society against crimes and safeguarding the person and property of the

people. The police also deal with juvenile delinquents and enforcement of a variety of

Acts16 and regulations such as licensing, sanitation, civil defense, etc. With a view to

15. Available at http:// www. Police Administration and Agencies in India/ Html, visited on 14.05.2014
16. The Acts are the Opium Act, the Excise Act, the Prohibition Act, etc
performing their duties efficiency the police has to associate themselves with public and

seek latter‘s co operation in prosecuting the offenders.

The transformation of India from a police State into a welfare State after the

Indian independence has brought about a radical change in the activities of the police.

Today‘s, India is passing through an age of political, economic and social modernization

since the police has to spend a good deal of its time and effort in working with the

people, the society‘s expectations from this organization has been steadily rising. As a

result of this, the police have to assume a new role in the change of scenario.

The police which was identified as al law and order maintaining machinery

of the State in earlier times is now viewed as a conscience keeper of the society. In

modern time when the State has undertaken the task of providing for the welfare of the

community, the role of police in preserving and protecting the very basic needs of human

survival and social intercourse with vital.

Despite a radical change in the role and functioning of the police from the

last five decades of Indian independence, it is rather unfortunate that it still reflects in its

edifice the British colonial philosophy and this historical background has always

deprived the police from getting a high status as its counterparts possess in the western

countries, where the police is a ‗friend‘ and without a sympathetic police officer, no other

agency can ensure criminal justice to the law abiding citizens against the law breakers.
In the backdrop of a comprehensive sociological, technological, economic,

political and psychological change now underway in India, the value and ethics of police

must also change, so that it does not become an out model because of the rapidity of

social change. Accordingly, the police personnel have to play the role of initiators and

agents of social change.17

(A) The Women Police:

After the Indian Independence, women police have also been recruited in the

police establishment from the year 1947. They mainly deal with the offences relating to

juveniles and women delinquents. Women police were introduced in United Kingdom for

the first time in 1917, when a woman was recruited as a civil police official in the CID

department. The Indian women police perform the functions of escorting women

offenders from one place to another or arrest and apprehend them. They also conduct

search and seizures in case of women delinquents and juvenile offenders. It is also a part

of their duty to maintain order and discipline in the fairs, functions and gatherings

exclusively meant for women folk. The services of women police are frequently utilized

for helping the pardanashin ladies in obtaining passports, etc. The emancipation of

women and their involvement in outdoor activities for the sake of employment, education

or social work has necessitated strengthening of this wing of police to tackle women and

juvenile problems. More recently, the dowry deaths and bride burning incidents in India

17. D.H. Bailey, The Police and Political Development in India, P 36

have necessitated women police to gear up its investigative machinery to suppress these

crimes. The women police mostly deal with case of domestic squabbles, wife beating, eye

teasing and dowry harassment. Several States in India have set up women companies in

their Police Force to cope up with the crime problems relating to women and children.

It is significant to note that India has the credit of setting up the first women

police station in the world. It was set up at Calicut in the State of Kerala on October 27,

1973. Therefore, the Mahila police stations were established in Madhya Pradesh in 1987

and the States of Rajasthan and Jammu and Kashmir have set up women police station in

1990. The Government of Madhya Pradesh has set up nine women police stations which

are exclusively manned by the women police so that incidents of atrocities against

women could be reduced and women get ample opportunities to register their complaints

to the women police officials posted at these police stations without fear and hesitation.

With the opening of Mahila Police stations, people especially women; feel

their complaint will be dealt with faster and that they will get prompt relief. However, no

functioning of the Mahila police stations during night hours is a cause of inconvenience

for the genuine complainants as they have to take their complaints to man manned police

station or have to wait till next day morning.18

The Central Reserve Police Force is also raising women‘s battalion in an endeavor to

create a force of female police to be deployed in specific situations. In India, 2005,

among the States, the maximum strength of women civil police existed in Tamil Nadu

18. Professor N.V. Paranjape, Criminology and Penology, PP. 317-318

(7,980) followed by the Maharashtra (7,283), Karnataka (3,112), Uttar Pradesh (2,218),

Kerala (2,018), Madhya Pradesh (1,995), Gujarat (1,632), Punjab (1,515), and Andhra

Pradesh (1,393), West Bengal (1,318) and Rajasthan (1,250). The remaining State had

strength of less than one thousand. Among the Union Territories, Delhi which is now a

State had the largest contingent of women civil police with strength of 2,027. There are,

however, no women police in Mizoram and Daman and Diu.19 The woman Armed Police

is in existence only in thirteen States/UT‘s with a total strength of 3,418 women police

taken together. The ratio of Women Armed Police to Women Civil Police is 1:12.

(B) Home Guard Police:

The post independence era in India witnessed a radical change in the socio-political

conditions of the country. As a result of these changes, an auxiliary police establishment

was needed to help the regular police in times of need. Therefore, a new police wing

called the Home Guard Police was established to assist the police in times of floods,

famine or other calamities. The services of Home Guards are utilized in times of

emergency for helping the police restore law and order. Both men and women between

the age group of 16 to 40 years can be recruited as Home Guards. They are imparted

basic training in physical exercises, drill and gun firing. Besides, they are also trained in

civil defense, first aid and fire fighting devices. A few selected Home Guards are also

trained in gap reading, field craft and wireless transmission. There are separate training

programmes for the Home Guards of rural and urban areas at district level. After

completion of their training the Home Guard recruits are supposed to live in groups in

19. Reported in NCRB 2011, Available at http://WWW.NCRB.html, visited on 20.05.2014

specially arranged camps where they take practical training in different jobs such as

protection of public utility services, relief work in famine, flood or disease affected areas

etc.

It must, however, be noted that the Home Guards establishment is essentially

a voluntary service organization. There is a Chief Commandant General of Home Guards

in each State. The entire organization is divided into divisions, companies and platoons.

They have a prescribe uniform and badges.20

(C) Rural Policing In India:

There are more than 7.5 lakhs of villages in India. The launching of the

integrated rural development programme and the green revolution have ushered a

significant change for the better in the political and economic set up of rural India. The

vast changes undergone by the villages in India during preceding four and a half decades

have necessitated an efficient police organization for the effective prevention and control

of the ever increasing wave of crime in the rural areas.

The regular police force is too pre occupied with the tackling of urban crime

problems and too inadequate to deal with the new wave of crime and criminals. The

Police today not only was to deal with traditional crimes but it have also to play the role

of a welfare service organization. Most of the welfare legislations are meant for the

20. Supra Note 17, PP. 319

benefit of the rural masses which are to be implemented in villages. The malfunctioning

of Panchayats and cooperatives and bunglings in various developmental schemes has

necessitated restructuring the rural police to combat these crimes.

The types of crime that commonly occur in Indian villages may include dacoity

or robbery with violence, agricultural feuds generally over disputes about irrigation,

cattle or possession of land, village vendettas over sex intrigues, murders, poisoning for

the sake of inheritance, election rivalries misappropriation of funds, cheating in relation

of advances of bank loans, trafficking in contraband goods, untouchability offences,

insurgency etc. therefore, it may be suggested that in order to tackle the problem of

village crimes, there should be a separate rural wing of police with a similar service

conditions as those of regular police. The rural police should be provided adequate

training in welfare activities. Unfortunately, the village policeman is still the same

illiterate, ill paid and ill equipped person despite drastic changes in villages due to multi

faced developments.

The introduction of Police Welfare Centres has provided sufficient mental and

psychological background to boost up police morale and tone up their efficiency.

However, studies have revealed that despite best intentions, State Governments have

failed to revamp the rural policing system. the distressing feature of the Indian rural

police in the last decade has been a determined efforts by the privileged groups to puts

down the unprivileged by resorting to extreme violence and cruelty against backward

classes, who seek to free themselves from age old social injustice and exploitation.
Attempts made by the landless poor to organize themselves for safeguarding their rights

have met with ruthless counter attacks from land owning classes.

With the revamping of the Panchayats in recent years, it is necessary that the

village headman, chowkidar and members of Gram Sabha should be given proper

training to help the police in maintenance of law and order in rural area. Special village

defense parties should also be formed for the purpose of rural policing.21

(D) The Police Sniffer Dogs:

Now a day‘s ‗Sniffer dogs‘ are too often pressed into service by the Police for

spotting out the criminals and detection of crime. Certain species of dogs such as Alsatian

and Labrador are regularly trained in the Dog School and then they join the regular

services of Police. The Sniffer dog must be brought to the scene of crime within forty-

eight hours of the incident.

In view of the increase terrorist activities around Delhi, the Delhi Police is

training two Sniffer dog who are presently being trained at Dog BSF Takanpur ( Madhya

Pradesh) these canines have joined the regular services of Delhi Police in April, 1988. At

present Delhi Police have two Sniffer dogs on loan from National Security Guards to

smell out explosives at vulnerable sites and from suspected bag gages. Owing to

increasing pressure on Delhi Police there is a proposal to increase the strength of Sniffer

dogs from 20 to 36.22

21. Ibid, PP. 332-333

22. Ibid, PP. 349
(E) INTERPOL:

Criminality has become a global phenomenon in the modern computer age. The

tremendous growth in the means of transport and inter-communications has brought in its

wake new problems of criminality. Now a day‘s escape by air or sea is a common feature

resorted to by criminals who operate on an international plane. The dangers of

international crime have to be faced squarely by all the nations. Therefore, every

individual country has its own international agency to tackle the problems of international

crime. This agency is familiarly known as INTERPOL (International Criminal Police

Organization) which concerns itself mainly with the establishment of direct contact with

the police force outside the ordinary channels of diplomacy. The affected country makes

a triple request to INTERPOL to seek, hold and deliver the criminals.

INTERPOL has assumed great importance in recent years due to rising

incidence of trafficking in drugs, gold, precious stones, and forgeries of traveler‘s cheque,

documents, passports and counterfeiting of currency notes. The assistances of

INTERPOL are invariably sought in making arrest of criminals involved in hijacking of

aero planes.

The activities of INTERPOL also include searching and chasing of international

criminals circulation of information regarding international crimes and criminal gangs

received from member police forces, assisting in arrest of international criminals and

making arrangements for keeping them under surveillance, pending their extradition. The

purpose of INTERPOL is:

1. To ensure and promote the widest possible assistance between all criminal police

authorities within the limits of the laws existing in different countries and in the

spirit of the Universal Declaration of Human Rights,

2. To establish and develop all instructions likely to contribute effectively to the

prevention and suppression of ordinary crimes.

In short, the INTERPOL enable police forces in different countries to

co ordinate their work effectively in the areas of law enforcement and crime prevention.

It refrains from indulging in any activity relating to cases which have a political, military,

religious or racial character.

2.7 Conclusion:

The prime and basic function of a well administered State is to maintain law

and order and preserve peace among its citizens. In this chapter an attempt is made to

present law and order administration in India in historical perceptive, i.e., in Ancient

period, Mughal period, and British period, as well as the police in post independence

period. Police force has always been an indispensable appendage of State organization in

almost all the civil societies of the world. Only the persons of proven ability and those

having thorough knowledge of local region and its people were recruited in the police

force so that they could tackle the problem of law enforcement efficiently. However, with

the progress of civilization and development of knowledge, the dimensions of police

functions have extended beyond limits. Now it has assumed the role of a social service

organization in the modern welfare states and has no longer remained a mere watch dog

agency.