UNIT 2 THE POLICE SYSTEM

Content
2.0 Objectives
2.1 Introduction
2.2 Police and Criminal Justice System
2.3 The Police as an Agency of Criminal Justice
2.4 Police Organization
2.5 The Organization of Police
2.6 Powers and Functions of Police
2.7 Let Us Sum Up
2.8 Further Readings and References

2.0 OBJECTIVES
By the end of this unit, you will be able to:
 understand the role of police as an agency of Criminal Justice System;
 articulate the orgnizational structure of the police; and
 enlist the powers and function of police.

2.1 INTRODUCTION
The word ‘police’ is derived from the Greek word ‘polis’ meaning the State. The
police apparently were called so, because of their being the manifestation of
power of the state. Mishra and Mohanty (1992) have pointed that the role and
function of the police of a country are determined by the nature of the State.
During the reign of the Mughals, a regular police system was established and
after the uprising of 1857, the British, who were well versed in the administration
of justice, introduced a number of changes in the police system. It was in 1861
that a police Act was enacted and regular police system was established in the
British India. The role and functioning of the police were identified and they were
assigned the role of strict disciplinarian and custodian of law and order to safeguard
the interest of their colonial regime. However, in the post-independence era, a
series of radical changes were introduced in the entire police system to tune the
police system on the modern lines. The police no-doubt has improved its role and
functioning to some extent, but unfortunately the police over more than last sixty
years has not been in a position to improve its image in the society, which may
be primarily because of their occupational role, performance and the age old
statutes.

2.2 POLICE AND CRIMINAL JUSTICE SYSTEM

The most unpleasant task in the Criminal Justice System belongs to the police.
The Police is not only entry point in the Criminal Justice System, but also lies at 11
Concept of Criminal Justice the cutting edge of the entire system. The Police is the crucial and visible link
Administration in India
between the people and the Government, as the Governmental authority is translated
into action by the police and resistance whatsoever is also faced by no one else,
other than police. No doubt, all the sub-systems of the Criminal Justice System
viz. police, prosecutors and judiciary are interconnected with each other and what
is done in one sub-system has a direct bearing upon the other sub-system. Police
is an important component of the total system. It is sociologically admitted that
when people occupy social position rather than by their own individual characteristic
roles which are the bundles of socially defined attributes and expectations associated
with the social positions. Police occupies a very strategic position in respect to
the social control, probably only next to the family and other personal groups in
importance.

The modern police force in India was established by the Britishers. The law
relating to the sphere of police work in the country remained more or less unaltered
even after independence. The Indian Police Act, 1861 enacted in British India,
Provided for a uniform police in the country. The functions and powers of the
police are provided under the Act. Further, the Criminal Procedure Code amended
from time to time provides vast powers to the police, which among others include
power of investigation of the offences, arrest, search and seizure.

The police as an organization has to carry out certain expected behaviour irrespective
of their own personal feelings or even at the cost of comforts of their family
members. The function the police today is more than maintaining and order situation.
It has been often found that the job profile or functioning of the police personnel
has a direct impact upon the socio-economic and psychological dimensions of
their family members.

The Police being the entry point in the Criminal Justice System is expected to
perform the all embracing function of investigation of crime that involves gathering
material evidence from the scene of crime, interrogation of witness, recording of
confessions and statements before Magistrate Arrest Search and seizure seeking
remand and release on bail etc, in addition to maintenance of law and order,
Therefore, the entire burnt is mainly on the police personnel. The basis statue,
namely the Indian Police Act has continued to regulate the functioning of the
Police. The Code of Criminal Procedure, 1973 has maintained the basic framework
of old provisions and provides a procedural system. The officer-in-charge of the
police Station, who continues to be the kingpin of the local administration, enjoys
wide powers under the criminal procedure law which often conflict with the
democratic principles. The powers in question pertain to house search, arrest on
suspicion, watch after conviction and other issues regarding maintenance of law
and order.

Though Police is for the protection of the society but in reality the society fears
the Police and harbours hostility against the Police. In fact the societal perception
of the Police is based on day to day abuses and excesses that the Police
organization indulge. In a way this is the consequence of politicization and lack
of professionalism in the Police Force. The Malimath Committee on Criminal
Justice Reform (2003) has reposed strong faith on the police shield against growing
criminalization in the society, including terrorism.

The police is the crucial and visible link between the people and the Government,
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as Government authority is translated into action by the police and resistance
whatsoever is also faced by none else, other than Police. They are important, The Police System
because they keep our complex society together. They keep the citizen, working
and prospering within the framework. It is an established fact that no society can
exist or function without the support of an organized police force, but the police
force howsoever, well organized and effective can not check completely the
criminals and increasing crime rate. It is a well known fact that the police in almost
every part of the world have failed to check completely the criminal activities and
the onward march of the crime and delinquency.
The police by virtue of their position and functioning is most hated institution of
any Government. The police in India is not only an object of dislike but hatred
as well. In England in the words of Holcomb, no one loves a police man and in
U.S.A. cops are known as pigs by many, Moreover, in most of the countries,
there are usually common allegations of highhandedness, inhuman methods of
investigation, torture, corruption and inefficiency against the police. There is common
belief among the masses that police work under the undue influence of the politicians.
No doubt, all the sub-systems of the Criminal Justice System viz. police,
prosecution, courts and prisons are interconnected with each other and what is
done in one sub-system has a direct bearing upon the other sub-systems. There
must be a proper co-ordination between all the segments of the Criminal Justice
System. It has been found that there is hardly any proper and effective co-
ordination between the different segments of the criminal justice system, which
usually goes in favour of the offender. A proper and effective co-ordination between
the different segments of the criminal justice system is essential for smooth functioning
of the system.
Police are agents or agencies, usually of the executive, empowered to enforce the
law and to ensure public and social order through the legitimized use of force. The
term is most commonly associated with police departments of a state that are
authorized to exercise the police power of that state within a defined legal or
territorial area of responsibility. In the administration of criminal justice the role of
police is of primary importance. The criminal justice process gets ensued and
initiated through the police. Besides its key role in the criminal justice process the
police role in the society concerns with maintenance of law and order and security
of persons and property. It is therefore the most important agency of law
enforcement and maintenance of peace and civil order in the society. This unit is
concerned with the role of police and its importance in criminal justice administration.

2.3 THE POLICE AS AN AGENCY OF

CRIMINAL JUSTICE
The word ‘police’ is derived from the Greek word “Politeia” or its Latin equivalent
“Politeia” which broadly means citizenship, state or the administration of the
government. The word police therefore means a system of government or the
power of the state. In the modern usage, the word police came to be used to
refer to an agency of the state to maintain security and peace and to enforce the
criminal law. Police force has always been an indispensable part of the state
organization in almost all civil society of the world. Since ancient times there has
been some agency all over the world to apprehend criminals and produce them
before the king or the officers having judicial powers. The King also had his own
spies to collect intelligence andinformation for running the state and for the better
administration of the state. However, with the progress of the civilization and 13
Concept of Criminal Justice development of knowledge the dimension of the police work has increased many
Administration in India
folds. With the advancement of the society, complexity of the police job has
increased in many folds.
In modern context police can be defined as an organization that is an agency of
government to enforce various laws, maintain public peace, order and security,
control traffic, provide security to the citizens, protect the individual’s rights as
per constitution, specially provide security to the weaker sections of the society
and maintain order in the society. Police have to act as an intelligence agency,
collecting intelligence for internal security and criminal intelligence for crime
prevention, crime detection, and crime control. As a part of criminal justice system
police has to investigate criminal cases and bring criminals before the court of law
for justice. The police have to perform multifarious duties, functions and roles in
a civilized society forming a major arm of governance.

2.4 POLICE ORGANIZATION

The history of the development of the police organization dates back to ancient
times which find mention in the ancient Greek, Roman, Chinese and Indian texts.
The Indian Historical reference of ancient times also have numerous mention of
police system be it Mahabharata, Ramayana, Manusanhitta or the various religious
or secular texts of Gupta dynasty, Maurya dynasty and Mughals. The first police
force comparable to present-day police was established in 1667 under King
Louis XIV in France, although modern police usually trace their origins to the
1800 establishment of the Marine Police in London, the Glasgow Police, and the
Napoleonic Police of Paris. The first modern police force is also commonly said
to be the London Metropolitan Police, established in 1829, which promoted the
preventive role of police as a deterrent to urban crime and disorder.
The colonial British government in India established the modern police system in
India. It was obvious that the various police commissions established by the
British and the police act of 1861 had important contributions in the development
of police system in India. However, the colonial interest of the British Empire had
great imprint over the organization and structure of police system in India.

Check Your Progress I

Note: Use the space provided for your answers.

1) What is the role of police in any civilized society?

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 The Police System
2) Discuss the origin of the police in India.

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2.5 THE ORGANIZATION OF POLICE

Police forces are usually organized and funded by some level of government. The
level of government responsible for policing varies from place to place, and may
be at the national, regional or local level. In some places, there may be multiple
police forces operating in the same area, with different ones having jurisdiction
according to the type of crime or other circumstances. For example, in the UK,
policing is primarily the responsibility of a regional police force; however specialist
units exist at the national level. In the US, there is typically a state police force,
but a municipality may have its own police force. National police agencies also
have jurisdiction over serious crimes or those with an interstate component.
Characteristics of Indian Police Organizations
The Police Act of 1861 largely governs Indian police forces. The Police Act gives
each State Government the power to establish its own police force. In addition
to the Police Act, other legislation such as the CrPC also regulates the police
system. Based on the Police Act of 1861, the Indian police have three basic
characteristics:
1. The police force is organized, maintained and directed by several states of
Indian Union;
2. The Indian police system is horizontally stratified like military forces organized
into different cadres; and
3. The police in each State are divided vertically into armed and unarmed
branches.
The Indian police organizational setup has virtually remained the same since past
century. It is ironical that the Police Act of 1861 has hardly changed due to
changes around them. Despite the new democratic, secular, socialistic, welfare
and humanitarian values vouched for in the Constitution after independence in
1947, the Indian police, by and large follows the philosophy of Para-militarism.
The constitution of India provides that the police is the state subject. It is therefore,
that the responsibility of the state to maintain peace and security within their
territorial jurisdiction. There are, however, certain situations which authorize the
Centre to intervene in the law and order problems of the State because the
Centre is under a duty to protect the States from internal disturbances. Primarily
it is the duty of the State Government to maintain the civilian police force. Besides
the State police force there are certain police force establishments at the Union
level, such as the Border Security Force, the Railway Protection Force, the
Central Reserved Police Forces, or the Central Industrial Security Force.
The police set up in India is essentially divided into following broad categories:
1. The general police which looks after the general police work and assist in
crime investigation, detection Crime control and it is also involved in law and
order maintenance and enforcement of law.
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Concept of Criminal Justice 2. The special arm force are paramilitary force which are there to assist the
Administration in India
general police in maintaining the law and order and performing specialize
duties like border securities, large scale riots, election duties, VIP and Industrial
security, disaster relief and general public order maintenance.
Apart from these basic categorization there are specialized police services which
take care of particular policing jobs like -
a) Railway police
b) Intelligence Police agencies
c) Traffic police
d) Women Police
e) Border Security Police
f) Specialized Investigative Police Agencies
g) Armed Reserves
h) Specialized Security Agencies
The above category exists at State level as well as at the Central level. The
following chart, mentions the different police organizations in India and their
geographical jurisdiction.
The Police Organizations in India

Police Organization Jurisdiction

State Police Services All states of the Indian union.

Jurisdiction extends within the
(with internal specialized divisions) respective states.

Central Police Organizations

BSF———Border Security Force National – not confined to

particular state. But restricted
to specific responsibilities.

CRPF—————Central Reserve —do————

Police Force

ITBP——Indo-Tibetan Border Police -do————

RPF—————Railway Protection Force -do————-

SSB———State Special Branch -do————

BPR&D—————Bureau of Police - do————

Research and Development

SPG——————Special Protection Group - do————

NSG——————National Security Guard - do————

CBI———————Central Bureau of - do————

Investigation

IB————————Intelligence Bureau - do————

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 The Police System
DCPW——————Directorate of - do————
Coordination, Police Wireless

NCRD—————National Crime - do————

Records Bureau

NICSF———National Institute of - do————

Criminology and Forensic Sciences

NPA—————National Police Academy - do————

Assam Rifles Specific region

Special Protection Group- SPG National Jurisdiction based at

national Capital –Premier
Security Agency.

National Security Group- NSG -do—————————

Administrative Control under State Government

The constitution confers exclusive power on the States to control and regulate the
functioning of the police as the maintenance of law and order and police are State
subjects. The Central Government is concerned only with the administration of
Central Police Organizations mentioned in the table. Though the Constitution of
India enumerates police as a State subject in the List, it includes a long list of
allied and quasi-police subjects in the Union List. For e.g., preventive detention,
arms, ammunition, explosives, extradition, passport etc. are the sole responsibility
of the Central Government. It also determines the selection and service conditions
of all India Police Services. The selection and conditions of service of lower ranks
is within the power of the State Government.
Structure
The structure of Police administration has derived its basic format from the traditional
Mughal administration which was later on adopted and reformulated by the British
colonial govt. in India. The police structure has undergone very few changes after
the British left India in 1947. The bulk of the police personals in the country are
related to the State police services. Rest of the police personals come from
various central police organizations.
The DGP reports to the Home secretary, a career civil servant belonging to the
IAS. The Home Secretary is accountable directly to the Chief Secretary, the head
of the civil service, and subsequently, to the Minister in charge of the Home
Department, an elected functionary who forms part of the Cabinet that is responsible
to the State Assembly.
Till a few years ago, an officer of the rank of Inspector-General of Police headed
each force. The level was upgraded to Director-General mainly to widen the
career prospects of IPS officers and, incidentally, to take into account the greater
responsibility thrust on the higher echelons in the context of heightened political
and social tensions. At the bottom of the pyramid is the Police Constable (PC),
who constitutes the ‘cutting edge’ of the force. Between him and the DGP, there
are nine levels of officers.
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Concept of Criminal Justice The Police Headquarters
Administration in India
Each state has a police headquarter at the apex of the police administration which
is headed by the DGP who looks after the administration of the police force of
the entire state. The Police headquarters is constituted of several specialized
police departments which look after different specific functions of police. The
various police departments or branches at the headquarters are generally headed
by one Additional Director General of police. There are generally the following
branches:
1. Criminal investigation department
2. Intelligence
3. Railway
4. Administration
5. Training
6. Special armed force
7. Provisioning and planning
8. Telecommunication
9. Complaints
10. Special crime record bureau or computer
11. A.J.K (Adim jati kalyan, branch for weaker section)
As we have seen earlier that police station is the basic unit of police. All sector
officers are there for supervising, guiding and assisting police officers of police
stations.
District Police Administration
Each state is divided into a number of districts for convenient civil administration.
The head of the District Police Force is the Superintendent of Police (SP) who
is accountable to the District Collector in matters of preservation of peace and
control of crime. The SP controls a large number of police stations (PS) - the
lowest formation of the local police machinery. Each station is headed by a
Station House Officer (SHO) who could be of any rank, but is invariably a Sub-
Inspector (SI) in a rural area, and an Inspector or Deputy Superintendent (DSP)
in a town. The extent of geographical area covered by each police station varies
from State to State. On an average, a rural station covers 100 sq. miles and an
urban station, 25 sq. miles. The SHO is in charge of the administration of the
Police station, the operation of their staff, and other duties relating to detection,
investigation, and prevention of offences. Under the Police Act of 1861, other
officers of a higher rank than the SHO may exercise the same powers as an SHO
within their local area of appointment.
Police Station
A Police Station is the nodal office of the Police through which the Police
Department carries out its statutory duties of prevention and detection of crime
and maintenance of law and order and all other allied functions within the ambit
18 of these two broad categories of work. Additionally, it serves as a 24- hour,
365 days an year contact point for victims of crime or more correctly, interface The Police System
point between police and public. To carry out these vital functions, a police
station consists of a building, official and residential premises, manpower and
equipment. However for a Police Station to exercise any legal powers, it has
to be notified by the Government with its exact geographical jurisdiction and
location of the Police Station. As per the Criminal Justice System existing in
India, legal powers to initiate any action against crime is dependent upon the
place of occurrence of the incident. Hence for any Police Station to exercise
any legal action, the crime should have occurred in an area, which should have
been notified as the area of jurisdiction of that Police Station. Further, the State
Government and not the Director General of Police exercises this power of
notification.
Police Commissionerates

A distinctive feature of the Indian Police is the commissionerate system that

prevails in major cities. Before Independence, this was available only in the
three Presidency towns of Bombay, Calcutta and Madras. Gradually, this has
been extended to several others, including the nation’s capital, New Delhi. This
system provides for a greater freedom to the police from the Executive Magistrate
in the matter of crowd control and issue of licenses, such as those required for
buying arms and running cinema houses and hotels. In a typical commissionerate,
the Commissioner (normally of the rank of Additional DGP in major cities and
IGP/DIG in the smaller ones) is assisted by one Additional and several Joint
Commissioners, each of whom looks after a geographical area or a specific
function, such as law and order, crime, traffic, etc. Next come the Deputy
Commissioners (equivalent to a District SP) who have Assistant Commissioners,
Inspectors and Sub-Inspectors and the constabulary working under them.

In the Police Commissioner system, a senior experienced and a mature police

officer is directly in charge of policing and has complete authority over his force
and is functionally autonomous. He is directly accountable to the Government.
Under the system, the public need not to run to two different authorities i.e.,
District Magistrate and Superintendent of Police, to process their application for
licenses, permits etc. This avoids delay and inconvenience to public.

The Armed Police in India

The civilian police system in India has basically two divisions. The general police
functions are performed by the district force or the general civilian police. There
is a provision of having a special armed group in each state which is generally
called the Special Armed Force which is available for handling grave incidents
which threaten public peace and require professional handling. The special
armed reserve is available for this purpose at the headquarters of each district
under the operational control of SP. The special arm reserves are well trained
to cater to jobs demanding extreme physical fitness and mental toughness.
There are situations when even the armed reserve at the district headquarter
may be insufficient. It is tackling such really serious public order problems that
there is the provision of keeping special armed reserves in every state at the
disposal of the Director General. The special armed reserves are organized into
a number of battalions headed by a Commandant who is of the rank of SP.
Generally, a special armed force may have a force of around 1000 police
personnels.
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Concept of Criminal Justice The Criminal Investigation Department
Administration in India
A special group of investigators called the Criminal Investigation Department
(CID) is available at every state police headquarters to take the investigation of
grave occurrences, such as a political murder, large scale rights, bank robbery
involving large sum of money or theft of precious art etc. This wing is also used
for conducting inquiries into allegation of misconduct by police personal and other
police agencies.
The Intelligence Wing in Indian Police
Every government requires an agency that keeps track of the activities of anti-
social and anti-national elements, who aim at fomenting disaffection against the
lawfully constituted government and disrupting normal life. Also needed is a facility
to monitor public opinion or the performance of the government so that quick
corrective action is initiated to prevent a breakdown of law and order or economic
stability. This twin role is fulfilled by the Intelligence branch at district and state
levels. It is sensitive group, which has to be manned by personnel with proven
integrity and ability for collecting information in an unobtrusive manner. On matters
of mutual interest, such as terrorism, VIP security, religious feud (especially Hindu-
Muslim conflict), the State Intelligence coordinates with the Intelligence Bureau
(IB) of the central government.

2.6 POWERS AND FUNCTIONS OF POLICE

The police as law enforcement officer are required to serve the community by
protecting all persons against illegal acts which is consistent with high degree of
responsibility required as per the law. The police functions are multifarious and
multidimensional. The powers given by the law to the police makes the police one
of the most important elements in the initiations of criminal justice process and at
the same time makes the police completely responsible as an agency working
towards social cohesion and public peace. The functions of police in the modern
democratic society have multiplied and the role expectation has also increased.
Major functions of police can be listed through the following points :
1. Promote and preserve public order;
2. Investigate crimes and where appropriate, to apprehend the offenders and
participate in subsequent legal proceedings connected therewith;
3. Identify problems and situations that are likely to result in commission of
crimes;
4. Reduce the opportunities for the commission of crimes through preventive
patrols and other appropriate police measures;
5. Aid and cooperate with other relevant agencies in implementing appropriate
measures for prevention of crimes;
6. Aid individuals who are in danger of physical harm;
7. Create and maintain a feeling of security in the community;
8. Facilitate orderly movement of people and vehicles;
9. Counsel and resolve conflicts and promote amity;
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10. Provide other appropriate services and afford relief to people in distress The Police System
situations;
11. Collect intelligence relating to matters affecting public peace and crimes in
general including social and economic offences, national integrity and security;
12. Perform such other duties as may be enjoined on them by law for the time
being in force;
13. To protect constitutional guarantees such as right to free speech and assembly;
14. To assist those who can’t care for themselves; the intoxicated, the addicted,
the mentally ill, the physically disabled, the old and the young;
15. To create and maintain a feeling of security in the community; and
16. Regulation and control of private morals and public decencies of life.
The primary functions of police are the prevention and detection of crime and to
maintain public peace and order in the society. The rights and duties of the police
to inflict punishment are limited. Since, their job is to pick up criminals from the
society they play vital role in bringing the offenders to the justice. The major
functions which the police is lawfully required to perform can be discussed in the
following heads :
a) Patrolling and Surveillance
Patrolling is the visible police function for the purpose of general watch and word.
Patrol and surveillance provide the most direct and effective means of preventing
crime. A police beat is a given route or area to be covered by constable on patrol.
In a town, it usually means streets and building in a given locality while in a rural
area it may comprise one or more villages or a stretch of road. Patrolling police
officer keep a general watch over a particular beat in order to prevent crime. In
insurgency area, armed police units do routine patrolling either on foot or on
vehicles depending upon the locality. Police patrolling is also an exercise in area
dominance by the law enforcement agencies especially where there are acute law
and order insurgency related problems.
Surveillance is another important function of police which is based on anti crime
branch. Each police station generally has list of criminals and anti social elements
which requires special watch. Surveillance activity involves various method of
keeping such watch.
b) Preventive Functions and Arrest
One of the important tasks assigned to the police is to make arrest of law
breakers and suspected criminals and to take them into custody in order to
prevent crime. The preventive powers of the police are contained in the Code of
Criminal Procedure which also defines legal elements of such power. The police
may arrest a person on a warrant issued by a competent court. An arrest made
on a warrant is in fact, a case of arrest made by the Court through police. But
at times, the circumstances may require the police to make an arrest without
warrant. The police may arrest without warrant when they apprehend the
commission of a crime or when they have reason to believe that crime has been
committed by the suspected person.

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Concept of Criminal Justice The police can arrest and take into custody vagabonds, habitual rogues, persons
Administration in India
with doubtful antecedents, of those who are conditionally released from jail or
person for the sake of maintenance of law and order within their territorial
jurisdiction.
The police has the powers to release an accused on a bond with or without surety
in case there is no sufficient evidence or reasonable ground of suspicion to justify
the forwarding of the accused to a magistrate.

Check Your Progress II

Note: Use the space provided for your answers.

1) Highlight the organizational structure of police in India.

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2) Enlist the powers and function of the police.

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2.7 LET US SUM UP

This Unit deals with the organization, structure, powers and functions of Police
System. The structure of different police system existing in the country and their
operational aspects is elaborated in this unit. The powers of the police in context
of the criminal law and procedure are discussed in connection with the role of
police in overall Criminal Justice System. Closely related to the power are the
functions of police in context of the governance of the country and the role of
police in implementing the law of the land are also covered in this Unit.

2.8 FURTHER READINGS & REFERENCES

1. Bureau of Police Research & Development, Research Studies
Compendium 1970-2006. BPR&D New Delhi 2006.
2. Mathur.K.M, Police in India Problems and Prospects, Gyan Publishing
House New Delhi 1991.
3. Paranjape.N.V, Criminology and Penology 13th edition, Central Law
Publishing House Allahbad 2008.
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4. Raghvan RK, Policing a Democracy, A Compartaive Study of India & The Police System
USA, Manohar Publishing House New Delhi 1999.
5. Reiner Robert, The Politics of Police, Oxford University Press, Oxford
2000.
6. Sharma.P.D., Police and Criminal Justice Administration in India, Uppal
Publishing House, New Delhi 1985.
7. Zender.Lucia, Criminal Justice, Clarendon Law Series, Oxford University
Press, Oxford 2004.

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