Criminology

Police Science and Law Enforcement

Police Reforms with Special Reference to National Police
Commission recommendations (NPC), 1979

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 Role Name Affiliation
Principal Investigator Prof. G.S. Bajpai Professor/Registrar, NLU, New Delhi

Paper Coordinator Dr. Mithilesh Narayan Assistant Professor, Sardar Patel

Bhatt University of Police, Security and
Criminal Justice, Jodhpur
Content Writer/Author Mrs. Sheetal Makhija Assistant Professor, Sardar Patel
University of Police, Security and
Criminal Justice, Jodhpur
Content Reviewer Dr. Deepshikha Agarwal Associate Professor
USLLS, GGS I P University,
Sector 16 C, Dwarka, Delhi

DESCRIPTION OF MODULE

Items Description of Module

Subject Name Criminology
Paper Name Police Science and Law Enforcement
Module Name/Title Police Reforms with Special Reference to National Police
Commission recommendations (NPC), 1979

Module Id Crim/PSLE/V
Objectives Learning Outcome:

 To make the learners understand about the National Police

Commission, 1979;

 To make the learners understand various Reforms required in Indian

Police;

 To acquaint the learners with the various reports submitted in the

NPC, 1979.

Prerequisites General understanding of the Police Reforms with Special Reference to

National Police Commission recommendations (NPC), 1979.

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 Key words Police, Jurisdiction, accountable, Cr.P.C., IPC, reforms

Police Reforms with Special Reference to National Police Commission recommendations

(NPC), 1979

1. Introduction: The Government of India appointed the National Police Commission

(NPC) in 1979 with wide range of functions covering police organisation, its function,
role, relations with the public, political intervention in its work, exploitation of powers,
accountability, assessment of its performance etc. The Commission was appointed for the
first time at the national level after Independence. The commission during 1979 and 1981
submitted 8 reports suggesting several reforms in the existing police set-up.

The following are the suggestion that have been chosen from the reports of the NPC:

2. First Report:
2.1. Complaint against the police: Any arrangement for inquiry into complaints against
police should be acceptable both to police and public as fair and just. The Commission therefore
recommended arrangements that would include inquiries conducted by departmental authorities
and those by independent authority that are outside the police. The Commission had a notion that
the number of complaints received against police should be enquired and disposed by the
supervisor rank in the hierarchy of police setup. The Commission nevertheless mandated a
judicial inquiry in the following categories of complaints against the police:
a) Alleged rape of a woman in police custody;
b) Death or grievous hurt caused while in police custody; and
c) Death of two or more persons resulting from police firing in the dispersal of
unlawful assemblies.

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An Additional Session's Judge nominated for this purpose would take up the judicial inquiry in
every district by State Government in consultation with the High Court. He will be given the post
of District Inquiry Authority (DIA) and will be assisted by an assistant session judge.
The DIA shall be required to forward the inquiry report to the State Government. It will be
mandatory for the government to publish the report and decisions should be taken within two
months on receipt of the report. The DIA shall also act as an independent authority to supervise
the final disposal of complaints dealt with departmentally. A Police Complaint Board should be
set up the state level to administer proper implementation of the entire scheme

3. Second Report:
3.1. Appointment of the Criminal Justice Commission: The police, according to the
NPC cannot achieve success in their work unless all divisions of the criminal justice system
functions with simultaneous competence. It is therefore essential to set up a body that would
comprehensively monitor the performance of all agencies and provide remedial measures from
time to time. The existing Law Commission may be empowered to act as a Criminal Justice
Commission on a statutory basis. However, such arrangements at the centre should be supported
by similar arrangements at state level.
3.2. Role of Police: The primary role of the police is to function as a law enforcement
agency and deliver unbiased service to law, with no heed to wishes, indications or desires
expressed by the government that either come in conflict with or do not conform to the
provisions contained in the constitution or laws. This should be included in the Police Act. The
police should duly familiar with the service-oriented role in providing relief to people in distress
circumstances. They should be trained properly and equipped with the knowledge to perform the
service oriented functions.
3.3. Political Interference in Police Work: The police in the existing setup, functions
under the executive control of the state government. According to the Commission, the manner
in which political parties of this country has exercised control over the police has led to gross
abuses, resulting in degradation of rule of law and loss of police credibility as a professional
organisation. The threat of transfer / suspension is the most powerful weapon in the hands of the
politician to force the police under his/her will. The Commission recommended that the
supremacy of the state government should be limited over the police in order to ensure the

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performance of police, is in strict accordance with the law. The police while performing its task
should be subject to overall guidance of the government which should lay down extensive
policies for adoption in various situations. There should however be no instructions in relation to
actual operations in the field. The police with regard to investigation work, in any case, are
beyond any intervention by the executive or politicians.
To support the state government in discharging their supreme responsibility in an open manner
under the framework of law, a State Secretary Commission should be setup in each state through
law. The State Security Commission should:
i. Form of broad policy guidelines and directions for the functions of preventive tasks
and service-oriented functions by the police;
ii. Assess the performance of the State Police every year and submit a report to the
State Legislature;
iii. Function as a forum of appeal to dispose representations from officers with regard
to their being subjected to illegal orders and their promotions as well; and
iv. Review the functioning of the police in the state.

3.4. Statutory Tenure of Service: The police chief should be assured a fixed term of office.
The term may be of four years or may extend up to retirement, whichever is earlier. The chief of
police may be removed from his post before the completion of the tenure should require approval
of the State Security Commission.
3.5. Selection of Chief of Police: The chief of the police should be elected from a panel of
three IPS officers of the concern state cadre. A committee headed by the Chairman of the Union
Public Service Commission should be responsible to prepare the panel for selection of Police
Chief.
3.6. Transfer/Suspension Orders: Police officers should be protected against capricious and
mala fide transfer/suspension orders. A provision in the Police Act should be included,
specifying a competent authority to issue such orders regarding various ranks. Any orders passed
by any authority other than those specified in the Act will be rendered null and void.

4. Third Report:

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 4.1. Police and the Weaker Sections: NPC made few important recommendations about
police response towards weaker sections of society are discussed below:
1. Formation of special investigation cell in the police department at State level to keep an
eye on the progress of investigation of cases under the Protection of Civil Rights Act or
any kind atrocities against Scheduled Castes and Tribes.
2. A combined cell may be constitute at the district level under the Sub-Divisional Officer
to make inquiries about complaints lodge by scheduled Castes/Tribes, particularly those
relating to the gap in administrative measures meant for their support and relief.
3. The weaker sections of society generally feel that the police sometimes do not take
cognizance of their complaints for the ill treatment of upper castes sections on the
ground that complaints are non cognizable and therefore cannot be investigated without
magistrate orders.
4. Section 155 of the Code of Criminal Procedure should be duly amended to provide
appropriate and effective police response to non-cognizable complaints in cases mainly:
(i) to protect a member of the weaker sections from exploitation and injustice, or (ii) to
prevent breach of public peace that may result from absence of effective action on
complaint of a non-cognizable offence.
5. An inclusive legislation should be enacted to frame the procedure for land allotment to
landless poor. Police officers from local police station should be associated with the
procedure of handing over possession of land to the landless and in relation a brief record
should be maintained in the police station records.
4.2. Postings of Officers: The District Superintendent of Police should be solely
responsible for postings of officers in charge of police stations. The Chief of Police should be
responsible for selection and posting Superintendents of Police in charge of districts.
4.3. Guidelines for Avoidance of Vexatious Arrests: At the present context, the powers
of the arrest available to the police give sufficient scope for harassment and humiliation of
persons, encouraged by mala fide considerations. But in actual practice, several persons who
ought to be arrested are let free on ground of political influence or other considerations, and on
the other hand innocent persons who are not be arrested are often get arrested and are kept on
remand in police custody on inadequate grounds. Some mala fide arrests get uncovered on
habeas corpus petitions filed in High Courts but such exposures are rare compared to the large

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number of unjustified arrests that take place in most of the time. The commission therefore
recommended strict guidelines for making arrests by the police that should be strictly observed in
day-today administration by the senior supervisory ranks. The State governments are however,
yet to make firm provision for observing these guidelines in day-to-day police work.
The NPC also recommended that sections 2(c) and 2(1) of the Code of Criminal Procedure
should be amended to remove the emphasis on arrest under the definition of cognizable and non-
cognizable offences and section 170 of the Code of Criminal Procedure should be amended to
remove the notion that it is mandatory to make an arrest in non-bailable cases.
Guidelines regarding use of Handcuffs:
i. The threat handcuffing persons to arrest is another source of corruption and harassment.
Therefore following guidelines must be observed:
ii. No person shall be handcuffed who, by reason of age, sex or infirmity can be kept in
custody without handcuffs.
iii. A person shall be arrested and handcuff on a bailable offence, provided with special
reasons, believed to be that he is likely to escape.
iv. Court's instructions should be obtained, in cases under judicial custody, before
handcuffing the accused.
v. No under trial prisoners and other accused persons be handcuffed and chained unless
there is reasonable probability that such persons will use violence or attempt to escape.
The police escort must be sufficiently strong to prevent such escape.
vi. Whenever any accused is handcuffed, a Sentry Relief Book should be maintained to state
related fact and reasons.
vii. In any case prisoners or accused persons, who are aged and bed-ridden in hospitals, or
women or juvenile or civil prisoners, should not be handcuffed or fettered.
4.4. Provision of Imprest Money to Police Station: The Commission felt the non-availability
of any imprested money in a police station to meet the expenditure of several legitimate needs of
the station. It was recommended that police stations should be provided with an adequate
imprested amount to meet the contingent expenditure in day-to-day work. Sufficient funds
should be provided at station level to eliminate the possibilities of corruption, which often even
engulf the honest officers.

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5. Fourth Report:
5.1. Registration of FIR: Victims of crimes sometimes does not approach a police station
on the mere ground that the reported crime has been registered in the jurisdiction of some other
police station and it is for the victim to go to the concern police station to file his complaint. This
leads to the inconvenience of ignorant people and weaker sections in society. The NPC therefore
recommended an important amendment under Section 154 Cr.P.C. that makes incumbent on a
police station to register an FIR whether or not the crime has taken place in its jurisdiction and
then, if necessary, can transfer the FIR to the concerned police station
5.2. Examination of Witnesses: The examination of witnesses should be conducted in a
feasible manner like near the scene of offence, at the residence of witnesses concerned or at
some convenient place nearby.
5.3. Statement of Witnesses: A police officer according to existing law is not allowed to
obtain signature from the person whose statement has been recorded by him. The Commission
has recommended that the existing practice of recording the statement by a witness during
investigation should be removed and in spite, suggested an arrangement in which the
investigating officer can record the facts as discovered by him on examination of a witness. This
statement of facts can be recorded in the presence of a third person in the language of the
investigating officer himself and should handover a copy of the statement to the witness with due
acknowledgement. This kind of arrangement would act as a safeguard against the malpractice of
wadding of statements for which the investigating officers are often accused of.
5.4. Restoration of Stolen Property to Victims of Crimes: Restoration of properties
recovered by the police during investigation is first transferred to court custody. The return of
properties to the rightful owner is ordered at later stage of the criminal proceedings. During the
intervention period, there is considerable risk of damage to the property due to mishandling at
different stages of police and court custody. Sophisticated and expensive electronic goods are at
serious risk of irreparable damage. Successful detection of case does not offer any psychological
satisfaction to the victims of crime when the lost property is kept away for a longer period
without proper attention and care. The commission thus recommended a change in the existing
provisions in law for facilitating early return of the recovered property to the concerned victims
even at the stage of investigation, protected with appropriate bonds for their safe retention and
later production in court.

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 5.5. Compounding Offences: The NPC has recommended that the police may be
empowered to compound offences in simple cases even during police investigation, in cases
where both parties to a dispute may themselves like to settle the matter amicably. Due safeguards
must be taken under consideration in relation to forced or contrived compromise. However at
present, this facility is available only at the stage of trial. This provision in law would lead to
reduction of workload in courts to certain extent.
5.6. Intimation about Arrest: The NPC has recommended to incorporate a new section
50-A under Chapter V of Cr.P.C. requiring the police to give prior intimation about the arrest of
a person to anyone who may reasonably be named by investigating officer for the purpose of
avoiding agonizing suspense to the members of his family about his whereabouts.
5.7. Use of Third Degree Methods:, The NPC has recommended following instruction in
order to reduce the use of third degree methods:
i. Surprised visits of senior officers to the police stations to detect persons held
in illegal custody and subjected to ill treatment;
ii. Any complaint of ill treatment by the police, the magistrate should be
required by rules to question the arrested person and in case of complaint
should get him medically examined.
iii. A judicial inquiry is mandate in cases of death or grievous hurt caused in
police custody.
iv. The performance of police should not be evaluated on the basis of crime
statistics or number of cases solved.
v. Training institutions should develop and encourage scientific interrogation
techniques and impart effective instructions to trainees in this regard.
5.8. Inspections of courts: There is needed to come up with a scheme of inspections at
High Court as well as Sessions Courts level in order to ensure proper functioning of the
subordinate courts. A senior District Sessions Judge who is qualified for appointment as High
Court Judge may be attached to each High Court for the purpose of inspecting the district courts
periodically. Similarly an Additional Sessions Judge may be entrusted with the responsibility of
inspections at the district level. The arrangement inspection system proposed above should
ensure the availability of adequate facilities for the witnesses and others participating in court
proceedings.

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 5.9. Attendance of Witnesses: The allowance that is paid to witnesses for their
attendance in court should be fixed on a realistic ground and their payment should go through a
simple procedure, avoiding delay and inconvenience.

6. Fifth Report:
6.1. Recruitment to the Police: Police recruitment should be done under two levels that
is -Constables and Indian Police Service. The recruitment at other levels should be removed
gradually.
6.2. Psychological Tests: Psychological tests forms an important part of the selection
procedure therefore, it should be properly developed. These tests should be developed by Central
Government in consultation with the Ministry of Defense.
6.3. Evaluation during Training: The Commission recommended constant assessment of
the performance, attitudes and behavior of all recruits during training and those who are not
doing well policemen should be eliminated.
6.4. Control of the District Magistrate: Under the provision of Section 4 of the Police
Act of 1861, the District Police is subjected under the "general control and direction" of the
District Magistrate. The commission realised that this cannot be made as a ground to justify
interference in the internal management of the police force. The police should be required to
perform with full accountability to the law of the land. Any rule or regulations which
unreasonably subordinate the police to the DM should be withered away. However, there are
several areas, which require active cooperation of various concern departments and in matters of
coordination by the District Magistrate are felt necessary. The police should acknowledged and
respect the role of the District Magistrate as a chief coordinating authority. The NPC has
suggested areas where the District Magistrate can take up his role as the coordinating authority.
6.5. Causes of Poor Police Public Relations: Police public relations are generally not
very satisfactory. Important reason for such relations is due to police partiality, corruption,
brutality and failure to register cognizable offence. It has been observe that police do in fact
annoy even those people who try to help them.
6.6. Vertical Communication in Police: According to the commission, every policeman
must develop an attitude of decency, politeness and consideration towards common man who
seek help from him. However, it indicates that the behavior of police personnel of lower levels

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towards public is mostly conditioned by the manner in which they are being treated by their own
higher officers within the force. Thus, there is a real-time need to reform the behaviour and
conduct of police officers with one another.
6.7. Victims of Crime: The Criminal Injuries Compensation Act is recommended to enact
as it felt that the criminal justice system does not concern for the victim of crime at any stage.
6.8. Need for Transparency: Activities of all police to certain extent should be open,
apart from four specific areas, and they are:
i. Operations,
ii. Intelligence based on planned operations are conducted,
iii. Privacy of the individual citizen and
iv. Judicial requirements.
6.9. Women Police: The NPC recommended that the strength of women police should
increase and assigned investigation task to greater extent in order to make Women police an
integral part of the police organisation and can effective to deal with crimes against women and
children and problem of juvenile delinquency as well. They should be given opportunity to share
all those duties that are presently performed by their male counterparts. Women police should be
recruited in greater numbers than at present, particularly for the ranks of Assistant Sub-inspectors
and Sub-inspectors of Police.

7. Sixth Report:
7.1. Examinations for Promotion of Officers: For promotion to the ranks of higher
positions such as Superintendent of Police, DIG and IG, all IPS officers should be required to
undergo exclusively designed pre-promotion courses followed by an examination and an
objective selection process. Those candidates who are not be able to qualify for the post of DIG
and IG even after two more attempt should be retired from service.
7.2. Creation of Central IPS Cadres: Central IPS Cadres should be constituted for two
types of organizations such as –one is paramilitary organisations and the other organizations like
IB, CBI, RAW etc.
7.3. Police Commissionerate System for Major Cities: Crime and law and order situation
in large urban areas develop rapidly, therefore requires speedy and effective operational response
from the police. This can only be possible when police are organised to perform twin basic

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functions that is decision making and implementation. The Commission has therefore
recommended establishment of the system of police commissionerate in cities with a population
of 5 lakhs and above and even in places where there may be special reasons like speedy
urbanisation, industrialisation etc. for providing effective policing.
7.4. Communal Riots: The National Police Commission expressed that during communal
riots, enough interest is not taken in investigating of heinous and serious crimes. Special
investigating squads under the State CID should be set up for investigation of such cases
comprising of officers of proven integrity and impartiality. Strong investigation should be
followed by prosecution to ensure deterrent punishment to the offenders. Hence withdrawal from
trial of cases occurring during communal riots by the State Governments with a opinion of
promoting communal harmony often proves deceptive and has to be discouraged.
7.5. Reservation in the Force: The Commission has stood against reservation of
vacancies in the police for minorities and other weaker sections on the basis of their share in
population. The Commission believed that it would divide the force along caste and communal
lines and goes against the fundamental police philosophy that it must rise beyond caste and creed
and act impartially as the agent of law and order. The composition of the force should consist of
all sections of communities exists in the society and thereby commands confidence of all section
of society.
7.6. Separation of investigating staff from law and order staff: The commission has
made conflicting recommendations on this subject. In its Sixth Report, separation of staff at the
police station level (Para 48.15), is suggested , while in the Seventh Report, the Commission has
expressed an opinion against the division of staff on ground that the police work cannot be place
in water-tight compartments. (Para 50.22).

8. Seventh Report:
8.1. Norms for Police Stations: The jurisdiction of police station should not be more than
150 kms. The population density in urban areas should be one of the key considerations. A police
station should not require of policing of more than 60,000 populations. If a police station
registers more than 700 crimes annually, another police station may be formed. Police stations in
cities should have a Dy. SP/ ASP as SHO with more than 900 cognizable IPC offices. Police
Stations should be headed by an Inspector of Police if investigation over 300 IPCs is carried out

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per year. The third category will consist of smaller police stations headed by Sub Inspectors. In
India, an investigating officer should not be required to investigate more than 50 - 60 IPC cases.
8.2. Restructuring of Civil Police Hierarchy: An increase of strength at middle levels of
ASI/SI/Inspector should be made. Increase of strength with regard to ranks should be balance by
reducing numbers at the lower levels of constabulary. This will in other way will increase the
number of investigating officers and facilitate promotional opportunities for the lower ranks.
8.3. Management of the Police Force: The chief of police should solely supervise the
internal management of the police force in the state. The powers of the heads of the state police
forces should enhance in relation to personnel, financial management and development of infra-
structural facilities for the growth of the police.
8.4. Central Law for Armed Police Forces: There should enactment of central law in
order to ensure uniformity in composition, officering pattern, training, discipline and efficiency
of the state armed police battalions.
8.5. Establishment of a Central Police Committee: A Central Police Committee should
be formed for the purpose of looking after the functions of consultancy and monitoring. There is
a need of an expert agency by the Central Government and the State Security Commissions to
advise them on matters relating to:
i. Police Organisation and police reforms;
ii. Central grants and loans to the State Police Forces for their modernisation and
development; and
iii. Budgetary allotments to State Police Forces.
The Committee could also make a general assessment of policing in the country and provide
proficiency to the State Security Commissions for their own evaluation if required.
8.6. Establishment of an All India Police Institute: An all India Police Institute similar
to the professional institutions existing for Engineers, Chartered Accountants and other
professionals should be created. This Institute should be kept under the proposed Central Police
Committee on establishment.
9. Eighth Report:
9.1. Police Accountability: Continuous monitoring of the performance of the police
forces in the country should be undertaken. An independent cell should be constituted under the
State Security Commission to evaluate the performance of police. The report on annual

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administration of the head of the police force and assessment report of the Central Police
Committee will offer supplementary material to the State Security Commission for preparing a
final report on the performance of the state police to be placed before the State Legislature. The
police functionaries individually and in groups as well should be sensitized to the thought of
accountability to the people.
9.2. Withdrawal of Protection: Provisions under Sections 132 and 197 of the Cr. P.C.
1973 provides protection to various categories of public servants against any prosecution against
them relating to performance of their official duties. The protection offered to the police officers
under these sections should be withdrawn so that the private complainant is free to lodge his
complaint against police official for a judicial assertion without obtaining prior permission of the
competent authority for such prosecution maintained in the provision.
9.3. Enactment of a Model Police Act: A new Police Act should replace the Police Act
of 1861. A new Act would not only change the system of superintendence and control over the
police but also would broaden the role of the police to make it function as an agency which
encourage the rule of law in the country and deliver impartial service to the community.
9.4. Response to NPC's Recommendations: The Important recommendations of the NPC
have not been implemented. There is a strong reluctant to the idea of police reforms. Politicians
and bureaucrats have great vested interest in retaining control and supremacy over the police
organisation. Indicative of the deep seated resistance to police reform have been highlighted in
letter written by Shri Indrajit Gupta, the then Union Home Minister to the Chief Ministers of all
States in April 1997 that narrow partisan or political considerations and introduction of police
reforms on the lines recommended by the NPC failed to produce a single response. Within the
police establishment, there are few who were contented to retain the status quo. Closely linked
with powerful interests, they comply with and allow the system to continue. Thus the existing
system is unacceptable. It has resulted in weaken the rule of law and obstructed the growth of a
healthy and professional system of policing. Hence need change.

10. Conclusion: What sense can one make of the recommendations and policy proposals
of the Police Commission? Even a cursory glance suggests that the Commission was extremely
ambitious in its approach. It did not adopt any instrumentalist strategy for reforming the police
and went out of its mandate to restructure the complete gamut of policing in the country. From a

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system s perspective, it certainly attempted to tilt the balance in favor of the Indian Police
Service Officers and away from the civil service cadre and the politicians. It sought to create a
legalistic, professional police organization, independent in its operations, equipped with adequate
resources, internally supervised and directed towards the implementation of the law. It sought to
make it aloof from the democratic plural polity of the country and accountable to the people and
their representatives only indirectly. Naturally such an ambitious project was bound to run into
difficulties especially when it meant wresting power from the hands of those who were wielding
it comfortably for ages.

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