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Commonwealth Human Rights InitiativeN-8,I I Floor, Green Park (Main), New Delhi - 110016, India

Tel: 91-11-2685 0523,2652 8152,2686 4678Fax: 91-11-2686 4688

E-mail: chriall@nda.vsnl.net.inWebsite: http://www.humanrightsinitiative.org

ContentsIntroduction.................................................................. 2 - 7

State Police Forces.................................................... 8 - 30

Recruitment & Training.............................................. 31 - 38

Centre’s Role in Policing............................................ 39 - 53

Police Modernisation ................................................54 - 56

Annexure - I

Police Organisation in India - At a Glance

2

Pol

ice

Org

anis

atio

n in

Indi

a

Introduction

ndia, with an area of 32,87,782 Sq.Kms and apopulation of 1.02 billion, is a union of 28 statesand 7 union territories1 . The powers and

responsibilities of the union and states are demarcated inthe Constitution of India. Article 246 of the Constitutiondistributes the legislative powers between the Parliamentand the State Legislative Assemblies. It refers to threelists of subjects given in the Seventh Schedule of theConstitution:

List 1: Union List - includes subjects in respect of whichthe Parliament has the sole power to make laws.

List 2: State List – includes subjects in respect of whichthe State legislature has exclusive powers to make laws.

List 3: Concurrent List - consisting of subjects on whichboth the Parliament and the State Legislatures haveconcurrent powers to make laws.

Article 246 of the Constitution of India places the police,public order, courts, prisons, reformatories, borstal andother allied institutions in the State List.

Understanding the criminal justice system is a prelude tounderstanding the police. It is important to discuss a fewimportant characteristics of the system before explaining theorganisation and working of the police in India.

I

1 States are - Andhra Pradesh, Arunachal Pradesh, Assam, Bihar,Chhattisgarh, Goa, Gujarat, Haryana, Himachal Pradesh, Jammu &Kashmir, Jharkand, Karnataka, Kerala, Madhya Pradesh, Maharastra,Manipur, Meghalaya, Mizoram, Nagaland, Orissa, Punjab, Rajasthan,Sikkim, Tamilnadu, Tripura, Uttar Pradesh, Uttaranchal and West Bengal.Union Territories are areas, which do not form part of states’ jurisdictionand are under the control of the central government. These are Andamanand Nicobar Islands, Chandigarh, Dadra & Nagar Haveli, Daman & Diu,Delhi, Lakshadweep Islands and Pondichery.

3

Criminal Justice System

Criminal Law

The criminal law consists of the substantive law containedin the Indian Penal Code (IPC) as well as the special andlocal laws enacted by the central and state legislatures fromtime to time and the procedural law laid down mainly inthe Code of Criminal Procedure, 1973 (Cr.P.C) and theIndian Evidence Act, 1872.

These three major Acts, i.e. the IPC, Cr.P.C and the IndianEvidence Act were enacted by the British during the secondhalf of the 19th century. Of these, the only major law thathas been revised since Independence is the Cr.P.C, whichwas revised in 1973 on the recommendations made by theLaw Commission of India. The other two laws, except forsome minor amendments, have remained unchanged.

Substantive Law

The IPC defines different types of crimes and prescribesappropriate punishment for offences. Offences areclassified under different categories- offences against state,armed forces, public order, public justice, public health,safety, morals, human body, property and offences relatingto elections, coins, government stamps, weights andmeasures, religion, documents and property marks, marriageand defamation. The IPC has 511 Sections, of which 330are about punishments.

Besides IPC, the local and special laws (SLL)2 also containpenal provisions. These laws have been enacted from timeto time mainly to deal with new emerging forms of crime

2 Local Law is applicable to a specific area/jurisdiction and Special Law isapplicable to a particular subject.

“Be you ever sohigh, the law is

above you.”

Milestones inLegislation

Making (1850-1900)

Indian Penal Code,1860

The Police Act,1861

Indian EvidenceAct, 1872

Criminal ProcedureCode, 1898

4

and to protect the interests of the weaker sections ofsociety. A large number of criminal offences are registeredunder these laws, some of which relate to possession andmanufacture of arms, ammunition and explosives; drugs;gambling; immoral trafficking in women; atrocities againstscheduled castes and tribes; excise and prohibition;smuggling; hoarding and profiteering in essentialcommodities; food adulteration; traffic offences etc.

Procedural Law

Procedural law describes the procedure to be followed in acriminal case from registration, investigation and to its finaldisposal after a proper trial by a court of law. The policeare not empowered to take cognizance of all penal offences.Criminal law makes a distinction between two categoriesof offences- cognizable and non-cognizable3.

The Process of Criminal Justice

The process of criminal justice has the following main steps:

Step- 1: Registration of the First Information Report ( FIR)

The process of criminal justice is initiated with theregistration of the First Information Report. The FIR is awritten document prepared by the police when they receiveinformation about the commission of a cognizable offence.

Step- 2: The police officer proceeds to the scene of crimeand investigates the facts of the case. Police investigationmainly includes:

In cognizableoffences, the policehave a directresponsibility toundertakeinvestigation andthe power to arresta person withoutwarrant. Non-cognizable offencescannot beinvestigated by thepolice on their own,unless directed bythe courts havingjurisdiction to doso.

FIR is the report ofinformation thatreaches the policefirst in point of timeand that is why it iscalled the FirstInformation Report.

3 The First Schedule of Cr.P.C lists all offences in the IPC and mentionswhether they are cognizable (255 of the offences) or non-cognizable (122of the offences).

5

Examination of the scene of crimeExamination of witnesses and suspectsRecording of statementsConducting searchesSeizing propertyCollecting fingerprint, footprint and other scientificevidenceConsulting records and making entries in the prescribedrecords, like case diary, daily diary, station diary etc.Making arrests and detentionsInterrogation of the accused

Step-3: After completion of investigation, the officer incharge of the police station sends a report to the areamagistrate. The report sent by the investigating officer isin the form of a charge sheet, if there is sufficient evidenceto prosecute the accused. If sufficient evidence is notavailable, such a report is called the final report.

Step-4: On receiving the charge sheet, the court takescognizance and initiates the trial of the case.

Step- 5: The charges are framed. The procedure requiresthe prosecution to prove the charges against the accusedbeyond a shadow of doubt. The accused is given a fullopportunity to defend himself.

Step- 6: If the trial ends in conviction, the court may awardany of the following punishments:

FineForfeiture of propertySimple imprisonmentRigorous imprisonmentImprisonment for lifeDeath Sentence

The DeathPenalty

There are only 8offences in the IPC,

which arepunishable with

death. In respect ofseven such

offences, thepunishment

prescribed is eitherdeath or

imprisonment forlife or imprisonment

for 10 years. It isonly in respect ofone offence, i.e.

murder committedby a person serving

a sentence of lifeimprisonment, that

death penalty ismandatory in case

of conviction.Though death

sentence has notbeen abolished, itis uncommon and

is to be given in‘rarest of rare’

cases.

6

Courts

The Judiciary has the Supreme Court (S.C) at the apexhaving three-fold jurisdiction namely, original4 , appellate5

and advisory6 . Below the S.C are the High Courts at statelevel, followed by subordinate courts in the districts. Thejudiciary in the state functions under the supervision ofthe High Court7 . The Constitution empowers the HighCourts to issue directions, orders or writs for theenforcement of fundamental rights and for any otherpurpose.

8

Supreme Court of India (The apex court)↓

High Court (Highest court at the state level)↓

Sessions/District Court9

↓

4Original jurisdiction of the S.C is over disputes between the centre and

states and between two or more states, provided the dispute involves anyquestion on which the existence or extent of a legal right depends. Article32 of the Constitution gives it the power to issue directions/ orders /writs for the enforcement of fundamental rights.5 The appellate jurisdiction of the S.C. covers constitutional, civil andcriminal cases. In criminal matters, an appeal lies to the Supreme Courtfrom any judgement or order of the High Court if the latter (a) has onappeal reversed an order of acquittal and sentenced the accused to deathor imprisonment for life or for a period of not less than 10 years; or (b)has withdrawn for trial before itself any case and has in such trial sentencedthe accused person to death; (c) certified that the case is fit for appeal. Inany case, the Supreme Court, under Article 136 of the Constitution, cangrant special leave to appeal from any judgement, decree, determination,sentence or order in any matter passed or made by any court or tribunal inthe territory of India.6 The consultative jurisdiction of the S.C. is in respect of matters, whichare referred for its opinion and advice by the President of India underArticle 143 of the Constitution.

7 Article 226 of the Constitution8 Article 227 of the Constitution9 The courts of session exercise both original and appellate jurisdiction.Major offences like murder, dacoity, robbery, rape etc cannot be tried in acourt below the sessions.

Judges permillion populationin differentcountries:

India - 10.5Australia - 41.6Canada - 75.2England - 50.9USA - 107.0

(Source: “Department-related ParliamentaryStanding Committee onHome Affairs - EightyFifth Report on Law’sDelays - Arrears inCourts”, New Delhi,December 2001)

.

7

Judicial Magistrates of the First Class/MetropolitanMagistrate’s Court

↓Court of the Judicial Magistrates of the Second Class

↓Executive Magistrates

One of the Directive Principles of the State Policy laiddown in the Constitution required the State to separatejudiciary from the executive.10 This separation was effectedthrough the revised Code of Criminal Procedure in 1974with regard to criminal justice. It also effected theseparation of the prosecuting agency from the police. Priorto this the prosecuting officers at the district level used tofunction more or less as part and parcel of the district policeset-up.

Justice Delayed is Justice Denied - SomeFrightening Figures

A major failure of the judicial system in the countryhas been its ineffectiveness in ensuring speedy disposalof cases under trial. Though the right to speedy justicehas been declared a fundamental right under Article 21of the Constitution by the Supreme Court, the courtshave failed to effectively dispose off cases and thearrears of pending cases keep on accumulating. On1.1.1999, 13.4 million cases were pending with sessionsand subordinate courts, 4,04,236 cases with the HighCourt and 3,674 with the Supreme Court.11

10 Art.50, Constitution of India.11 Information given by the government in response to Lok SabhaQuestion No. 192 dated 29.11.1999

Article 50:Separation of thejudiciary from the

executive: TheState shall take

steps to separatethe judiciary from

the executive in thepublic services of

the State.Constitution of India

8

he police is a state subject and its organisation andworking are governed by rules and regulationsframed by the state governments. These rules and

regulations are outlined in the Police Manuals of the statepolice forces.

Each State/Union Territory has its separate police force.Despite the diversity of police forces, there is a good dealthat is common amongst them. This is due to four mainreasons:

The structure and working of the State Police Forcesare governed by the Police Act of 1861, which isapplicable in most parts of the country, or by the StatePolice Acts modeled mostly on the 1861 legislation.

Major criminal laws, like the Indian Penal Code, theCode of Criminal Procedure, the Indian Evidence Actetc are uniformly applicable to almost all parts of thecountry.

The Indian Police Service (IPS) is an All India Service,which is recruited, trained and managed by the CentralGovernment and which provides the bulk of seniorofficers to the State Police Forces.

The quasi-federal character of the Indian polity, withspecific provisions in the Constitution, allows acoordinating and counseling role for the Centre inpolice matters and even authorizes it to set up certaincentral police organisations.

The Organisational Structure

Superintendence over the police force in the state isexercised by the State Government.12 The head of the

T

12 Section 3, The Police Act, 1861.

Stat

e P

olic

e Fo

rces

9

police force in the state is the Director General of Police(DGP), who is responsible to the state government for theadministration of the police force in the state and foradvising the government on police matters.

Field Establishment

States are divided territorially into administrative unitsknown as districts. An officer of the rank of Superintendentof Police heads the district police force. A group of districtsform a range, which is looked after by an officer of therank of Deputy Inspector General of Police. Some stateshave zones comprising two or more ranges, under the chargeof an officer of the rank of an Inspector General of Police.

Every district is divided into sub-divisions. A sub-divisionis under the charge of an officer of the rank of ASP/ Dy.S.P.Every sub-division is further divided into a number ofpolice stations, depending on its area, population andvolume of crime. Between the police station and the sub-division, there are police circles in some states - each circleheaded generally by an Inspector of Police.

The police station is the basic unit of police administrationin a district. Under the Criminal Procedure Code, all crimehas to be recorded at the police station and all preventive,investigative and law and order work is done from there.A police station is divided into a number of beats, whichare assigned to constables for patrolling, surveillance,collection of intelligence etc. The officer in charge of apolice station is an Inspector of Police, particularly in citiesand metropolitan areas. Even in other places, the biggerpolice stations, in terms of area, population, crime or lawand order problems, are placed under the charge of anInspector of Police. In rural areas or smaller police stations,the officer in charge is usually a Sub-Inspector of Police.

State↓

Zone↓

Range↓

District↓

Sub-division↓

Circle↓

Police Station

10

ADGP

IGP

DyIGP

SSP

SP

police officer is required to wear his name tag with hisuniform. His rank can be recognised by the badges hewears. The badges of ranks are shown below:

Director General of PoliceCrossed Sword, Baton andState Emblem

Inspector General of PoliceCrossed Sword, Baton and

One Star

Deputy Inspector Generalof PoliceState Emblem and Three Stars

Senior Superintendent of Police(Selection Grade)

State Emblem and Two Stars

Superintendent of PoliceState Emblem and One Star

Rank of Police Officers - Badges

11

SI

ASI

HC

Insp.

Addl.

SP

Asst./

DySP

Additional Superintendentof Police

State Emblem

Assistant/DeputySuperintendent of PoliceThree Stars

InspectorThree Stars and a Ribbon ½”

in width, half red and half blueworn horizontally, red colour facing the stars

Sub InspectorTwo Stars and a Ribbon ½”in width, half red and half blueworn horizontally, red colour facing the stars

Assistant Sub InspectorOne Star and a Ribbon ½”

in width, half red and half blueworn horizontally, red colour

facing the stars

Head ConstableThree Stripes on the upperpart of the arm sleeve

12

To enable the police have greater and speedier reach andthe public to gain easier access to police help, police postshave been set up under police stations, particularly wherethe jurisdiction of the police station, in terms of area andpopulation, is large.

The Field Establishment of the Police Force

Director General of Police (DGP) {In-charge of the StatePolice Force}

↓Additional Director General of Police (Addl. DGP)

↓Inspector General of Police (IGP) {In-charge of a zone,

which comprises few ranges}↓

Deputy Inspector General of Police (Dy. IGP) {In-chargeof a range, which comprise a group of districts}

↓Senior Superintendent of Police (SSP) {In-charge of the

bigger District}↓

Superintendent of police (SP) {In-charge of the District}↓

Additional Superintendent of Police (Addl. SP)↓

Assistant/ Deputy Superintendent of Police (ASP/Dy. SP) {In-charge of a Sub-division in the district}

↓Inspector of Police {In-charge of a Police Station}

↓Sub-Inspector of Police (SI) {In-charge of a smaller

Police Station}↓

Assistant Sub-Inspector of Police (ASI) {Staff of thePolice Station}

↓

The InspectorGeneral of Police

13

Police Head Constable (HC) {Staff of the PoliceStation}

↓Police Constable {Staff of Police Station}

On 1.1.2002, the number of field units13 at different levelsin the country was:

Number of Police Units

Zones 64Ranges 157Districts 635Sub-divisions 1481Circles 2452Police Stations 12248Police Out-posts 6980

System of Dual Control at the DistrictLevel

Section 3 of the Police Act, 1861 vested thesuperintendence of the state police force in the stategovernment. A system of dual control at the districtlevel is introduced under Sec.4. It places the policeforces under the District Superintendent of Police, butsubject to the “general control and direction” of theDistrict Magistrate. The District Magistrate was not aprofessional but a general administrator, whose charterincluded not merely the executive but even somejudicial functions. This was done deliberately becausethe functioning of the District Magistrate as the chief

13 Source: Data on Police Organisations in India, published by the Bureauof Police Research & Development, Ministry of Home Affairs,Government of India, February, 2001 Police Head

Constable

14

officer of the district was considered essential for themaintenance of British rule in India. The British hadrealised that to perpetuate their rule in the country, theymust have a police force that was totally subservient tothe executive. Thus a system of dual control at the locallevel was introduced- one under the head of the policeforce in the district and the other under the chiefexecutive of the district i.e. the District Magistrate.

Commissionerate System of Policing

There was considerable opposition to the system of dualcontrol at the district level even at the time it wasintroduced. In fact the British Government realisedthat the district system would not work efficiently inmetropolitan areas, which faced different policeproblems. Therefore, another system i.e. thecommissionarate system of policing was introduced incertain metropolitan areas like Calcutta, Bombay,Madras and Hyderabad. Under this system, theresponsibility for policing the city/area is vested in theCommissioner of Police.

While the commissionarate system initially existed in fourcities in the last century, it has been extended to manyareas since Independence. The system now exists in thefollowing cities:

Andhra Pradesh - Hyderabad, Vijayawada andVisakhapatnam

Gujarat - Ahmedabad, Anand, Junagarh, Rajkot, Suratand Vadodara

Karnataka - Bangalore, Dharwad, Hubli and Mysorecity

There are twomain differencesbetween thedistrict and thecommissioneratesystems-

The Commissionerof Police does notwork under anyother functionaryexcept hisdepartmental headsin the organisationand thegovernment, whilethe DistrictSuperintendent ofPolice functionsunder the generalcontrol anddirection of theDistrict Magistrate.

Unlike the head ofthe district or thestate police force,the Commissionerof Police is vestedwith magisterialpowers ofregulation, control,licensing etc. inaddition to theusual policepowers.

15

Kerala - Kochi, Kozhikode and Thiruvanatapuram

Maharastra - Aurangabad, Amravati, Mumbai, Nagpur,Nasik, Pune, Solapur, Thane and New Bombay

Tamilnadu - Chennai, Coimbatore, Madurai, Salem,Tirunelvelli and Trichy

Union Territory of Delhi.

Police Headquarters Establishment

In addition to the field establishment, there is functionaldistribution of work too. Senior officers assist the DirectorGeneral of Police in looking after different aspects ofpolice work.

Given below is the establishment of police headquartersin the state of UP, which has the second largest policeforce amongst all states in India:

Police Headquarters, UP (As on 1.1.2002)

Director General of Police, UPDirector General of Police TrainingDirector General of Crime Investigation DepartmentDirector General of Technical Services

Traffic DirectoratePolice Motor TransportForensic Science LaboratoriesPolice Computer Center

Addl. Director General, Police TelecommunicationsAddl. Director General, PersonnelAddl. Director General, Human RightsAddl. Director General, Police HeadquartersAddl. Director General, Fire ServiceAddl. Director General, Railways

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Addl. Director General, Economic Offences WingAddl. Director General, Provincial Armed ConstabularyAddl. Director General, Anti-Corruption OrganizationAddl. Director General, UP - Nepal Border PoliceAddl. Director General, Intelligence / SecurityAddl. Director General, Special InquiriesAddl. Director General, CID (Coop. / Agriculture Cell)

Criminal Investigation Department (CID)

Criminal Investigation Departments or CIDs, as they arepopularly known, are specialized branches of the policeforce. They have two main components - the Crime Branchand the Special Branch. The officer in charge of the CIDgenerally supervises the work of both branches, thoughsome states appoint a separate officer in charge of theSpecial Branch.

The Crime Branch is the most important investigationagency of the state police. It investigates certain specialisedcrimes like counterfeiting of currency, professionalcheating, activities of criminal gangs, crimes with inter-district or inter-state ramifications etc. In fact, when certainmajor crimes remain unsolved or when the public demandsinvestigation by an agency other than the local police, thegovernment or the head of the police force transfers casesfor investigation from the district police to the CID.

The Special Branch, on the other hand, collects, collatesand disseminates intelligence from the security point ofview. It’s main role is to keep a watch over the subversiveactivities of persons, parties and organisations and keepall concerned informed.

Armed Police

A state police force has two main components-the civilpolice and the armed police. The primary function of the

17

civil police is to control crime, while the armed policemainly deal with law and order situations.

The civil police include mainly the district police forces,supervisory structures at the range, zone and state policeheadquarters and specialised branches to deal with crime,intelligence and training problems.

The district police force also has armed reserves, whichare used mainly to meet the requirements of armed guardsand escorts. They are occasionally also deployed to meetany emergency situation, before the state armed policearrive to handle it. The armed reserves of districts aretreated as a part of the district civil police force.

The armed police is in the form of battalions, which areused as striking reserves to deal with emergency situations.

On 1.1.2001 the strength of the state armed police forceswas 372,346. There were as many as 307 state armed policebattalions in addition to 8 companies, spread over differentstates/union territories.14

A state armed police battalion is divided into companies.Generally, there are six service companies in a battalion.A company is further sub-divided into platoons andplatoons into sections. Ordinarily, three sections constitutea platoon and three platoons a company.

14 The number of Armed Police battalions in different States was asfollows: 13 in Andhra Pradesh; 3 in Arunachal Pradesh; 23 in Assam;15in Bihar; 7 in Chhattisgarh, 11 in Gujarat; 5 in Haryana, 5 in HimachalPradesh; 19 in J&K; 7 in Jharkhand, 10 in Karnataka; 9 in Kerala; 20 inMadhya Pradesh; 13 in Maharastra; 10 in Manipur, 3 in Maghalaya; 5 inMizoram; 9 in Nagaland; 8 in Orissa; 18 in Punjab; 12 in Rajasthan; 2 inSikkim; 12 in Tamilnadu; 8 in Tripura; 31 in Uttar Pradesh; 3 in Uttaranchal;16 in West Bengal; 10 in Delhi; and 3 Companies in Chandigarh and 5companies in Pondichery.

Constable inceremonial dress,J&K Armed Police

18

Battalion

Company

Platoon

Section

The rank structure of an armed police battalion is differentfrom that of the civil police. The head of a battalion iscalled the Commanding Officer or the Commandant.Generally, he has a second in command, called the DeputyCommandant. An officer known as Assistant Commandantor a Subedar, who is equivalent in rank to a Dy.SP or anInspector, commands a company in most cases. AnInspector/ Sub-inspector commands a platoon and asection is in charge of a Head Constable. The second incommand to a Head Constable is called a Naik. In somecases, between Naik and Constable, there is another rankknown as Lance Naik.

Rank Structure of the Armed Police

Commandant↓

Deputy Commandant↓

Assistant Commandant/Subedar

↓Inspector/

Sub-Inspector

↓Head Constable

↓Naik

19

Women Police

Women police now form a part of the police force of allstates and Union Territories, except Daman & Diu. Somestates/cities have experimented with setting up policestations managed and run exclusively by women policepersonnel.

Women police are utilised mostly in performing specialisedtasks of dealing with women and children. In this context,the National Police Commission (NPC) has stated thatwomen police have not been given an equal share invarious areas of police work and recommended that theybe more actively and directly involved in policeinvestigations.

Facts and Figures

On 1.1.2001, the total strength of women police inStates/Union Territories was 26,018. Two of them wereholding the posts of IGP, 7 of Dy. IGP, 29 of SP and79 were functioning as ASP/Dy. SP. There were asmany as 255 Inspectors, 1343 Sub-inspectors, 777Assistant Sub-Inspectors, 2649 Head Constables and20,877 Constables. None had risen to the post of thehead of the police force in any state. In fact, since thefirst entry of a woman in the Indian Police Serviceoccurred in 1972, none had matured to occupy thehighest rank in the police force. Though the strengthof women police has increased to 26,018, even nowthey constitute only 1.79% of the total police strengthin states/Union territories.

The growth of women police in States/UTs during thelast decade is as under:

The women policeconstitute 1.79% of

the total strength.

Dr. Kiran Bedi wasthe first woman to

join the IndianPolice Service (IPS)

in 1972.

Woman PoliceConstable, Tripura

Police

20

Growth of Women Police in a Decade15

Year Police Strength in States/UTsTotal Women

1991 11,52,586 13,6541992 11,65,872 13,3341993 12,34,674 14,1071994 13,06,268 14,4671995 13,40,983 16,2091996 13,51,047 18,1741997 13,46,940 18,6901998 13,74,608 20,4281999 14,13,602 21,3192000 14,79,024 24,713

Railway Police

Policing on the railways is done by the Government RailwayPolice (GRP). Controlling crime on the railways is theirmain responsibility. Though the GRP is a part of the statepolice force, expenditure on this establishment is sharedby the State Government and the Railways. An officer ofthe rank of Addl. DG or IGP supervises the work of GRP.The jurisdiction of the superintendent of a railway policedistrict may cut across the boundaries of several districts.

Forensic Science Laboratories

No full-fledged forensic science laboratory existed in thecountry during the pre-Independence days. Most forensicwork during the British rule was looked after by laboratoriesof the Chemical Examiners of the Government of India

15 Source: Crime in India published by the National Crime Records Bureauand Data on Police Organisation in India published by the Bureau of PoliceResearch and Development.

GRP should not beconfused withRailway ProtectionForce (RPF), whichis a central armedpolice force raisedand maintainedessentially to guardrailway property.The RPF worksunder the control ofthe Ministry ofRailways,Government ofIndia, while theGRP is a part of theState Police Force.

The InternationalAssociation ofWomen Policeenvisions a worldwhere womenworking in thecriminal justiceprofession aretreated justly, fairlyand equitably bythe agencies theyserve

21

Rec

ruitm

ent

and

Trai

ning

located at Agra, Bombay, Calcutta and Madras, the FingerPrint Bureau, Serologist to the Government of India, ChiefInspectorate of Explosives, Government Examiners of thequestioned Documents and Scientific Sections of the CIDBranches.

The first Chemical Examiner’s Laboratory was establishedin 1853 by the Government of West Bengal. An ExplosivesDepartment came into existence with the appointment ofa Chief Inspector of Explosives at Nagpur. A CentralSerologist Laboratory under the Imperial Serologist to theGovernment of India was established in Calcutta as earlyas 1910.

After Independence, State Governments realized the needto set up full-fledged forensic science laboratories. Nowalmost all big states have them. An average state forensicscience laboratory is divided into various divisions orbranches like Ballistics, Biology, Chemistry, Documents,Explosives, Physics, Photography, Serology andToxicology.

In most states, forensic science laboratories function underthe head of the state police force. It is only in four statesi.e Gujarat, Maharastra, Tamilnadu and West Bengal thatthey function directly under the Home Department of theState Governments. Some state forensic sciencelaboratories have set up their regional, district and mobilelaboratories too.

In addition, there are five forensic science laboratories andthree offices of the Government Examiner of QuestionedDocuments under the central government.

Duties and Responsibilities of the Police

The Police Act of 1861 laid down the following duties for

The mostsignificant

development in thefield of forensic

science was thesetting up of a

Finger Print Bureauin Calcutta in 1897.

This was the firstFinger Print Bureau

in the world.

Establishment ofForensic ScienceLaboratories indifferent states:

W.Bengal (1952)Maharastra(1958)Tamilnadu (1959)Assam (1964)Bihar (1964)Madhya Pradesh(1965)Kerala (1968)Orissa (1968)Rajasthan (1969)Karnataka (1970)Andhra Pradesh(1974)Gujarat (1974)Haryana (1974)J&K (1974)Uttar Pradesh(1976)Punjab (1981)HimachalPradesh (1989)Manipur (1989)Meghalaya (1989)Delhi (1994)

22

the police officers:i. Obey and execute all orders and warrants lawfully issued

by any competent authority;

ii. Collect and communicate intelligence affecting thepublic peace;

iii. Prevent commission of offences and public nuisances;

iv. Detect and bring offenders to justice; and

v. Apprehend all persons whom he is legally authorisedto apprehend and for whose apprehension sufficientground exists.

The charter prescribed by the National Police Commissiongoes far beyond the 1861 charter, taking into account notonly the changes which have occurred within theorganisation during this period, but also in the socio-political environment in which the organisation is requiredto function. The NPC’s Model Police Bill prescribes thefollowing duties to the police officers16:

i. Promote and preserve public order;

ii. Investigate crimes, apprehend the offenders whereappropriate and participate in subsequent legalproceedings connected therewith;

iii. Identify problems and situations that are likely toresult in commission of crimes;

iv. Reduce the opportunities for the commission ofcrimes through preventive patrol and other prescribedpolice measures;

16 Natioanl Police Commission: Eight Report, Police Bill, Section 4317 Ibid, Section 44

Fourteen additionalduties of the policetowards the publicspecifically towardswomen, children,poor and otherdisadvantagedsegments ofsociety have alsobeen prescribed.17

These additionalduties againemphasize thepreventive andservice-oriented roleof the police.Some of theseduties require thepolice to register allcognizableoffences, assist inpreventing the poorfrom beingexploited, preventharassment ofwomen and childrenin public places,refrain from causingneedlessinconvenience tothe members of thepublic, ensure thatthe arrested personis not denied hisrights andprivileges, see thatvictims of roadaccidents are givenprompt medical aidwithout waiting forformalities etc.

23

v. Aid and co-operate with other relevant agencies inimplementing the prescribed measures for preventionof crimes;

vi. Aid individuals who are in danger of physical harm;

vii. Create and maintain a feeling of security in thecommunity;

viii. Facilitate orderly movement of people and vehicles;

ix. Counsel and resolve conflicts and promote amity;

x. Provide necessary services and afford relief to peoplein distress situations;

xi. Collect intelligence relating to matters affectingpublic peace and crimes in general including socialand economic offences, national integrity andsecurity; and

xii. Perform such other duties as may be enjoined onthem by law for the time being in force.

Code of Conduct for the Police

The code of conduct for the police in the country wasadopted at the Conference of the Inspectors Generalof Police in 1960. This was later approved by theGovernment of India and circulated to all the Stategovernments. The National Police Commissionexamined the subject and recommended changes inclause 12 of the earlier Code. The final Code asrecommended by the NPC and accepted by theGovernment of India and circulated to all stategovernments is reproduced below:

United NationsCode of Conduct

for LawEnforcement

Officials

Article 1- Lawenforcement

officials shall at alltimes fulfil the duty

imposed uponthem by law, by

serving thecommunity and by

protecting allpersons against

illegal acts,consistent with the

high degree ofresponsibility

required by theirprofession.

Article 2- In theperformance oftheir duty, law

enforcementofficials shall

respect and protecthuman dignity and

maintain anduphold the human

rights of allpersons.

Article 3- Lawenforcement

officials shall useforce only when

strictly necessaryand to the extent

required for theperformance of

their duty.

Article 4- Mattersof confidential

nature in the...

24

1. The police must bear faithful allegiance to theConstitution of India and respect and uphold therights of the citizens as guaranteed by it.

2. The police should not question the propriety ofnecessity of any law duly enacted. They shouldenforce the law firmly and impartially without fearor favour, malice or vindictiveness.

3. The police should recognise and respect thelimitations of their powers and functions. Theyshould not usurp or even seem to usurp thefunctions of the judiciary and sit in judgement oncases to avenge individuals and punish the guilty.

4. In securing the observance of law or in maintainingorder, the police should as far as practicable, usethe methods of persuation, advice and warning.When the application of force becomes inevitable,only the irreducible minimum of force required inthe circumstances should be used.

5. The prime duty of the police is to prevent crimeand disorder and the police must recognise that thetest of their efficiency is the absence of both andnot the visible evidence of police action in dealingwith them.

6. The police must recognise that they are membersof the public, with the only difference that in theinterest of the society and on its behalf they areemployed to give full time attention to duties whichare normally incumbent on every citizen toperform.

7. The police should realise that the efficientperformance of their duties will be dependent on

... possession oflaw enforcementofficials shall bekept confidential,unless theperformance of dutyor the needs ofjustice strictlyrequire otherwise.

Article 5- No lawenforcement officialmay inflict,instigate or tolerateany act of torture orother cruel,inhuman ordegradingtreatment orpunishment, normay any lawenforcement officialinvoke superiororders orexceptionalcircumstancessuch as state ofwar or threat of war,a threat to nationalsecurity, internalpolitical instabilityor any other publicemergency as ajustification oftorture or othercruel, inhuman ordegradingtreatment orpunishment.

Article 6- Lawenforcementofficials shallensure the fullprotection of thehealth of persons intheir custody and,in particular, shall...

25

the extent of ready cooperation that they receivefrom the public. This, in turn, will depend on theirability to secure public approval of their conductand actions and to earn and retain public respectand confidence.

8. The police should always keep the welfare of thepeople in mind and be sympathetic and consideratetowards them. They should always be ready to offerindividual service and friendship and rendernecessary assistance to all without regard to theirwealth and/or social standing.

9. The police should always place duty before self,should maintain calm in the face of danger, scornor ridicule and should be ready to sacrifice theirlives in protecting those of others.

10. The police should always be courteous and well-mannered; they should be dependable and impartial;they should possess dignity and courage; and shouldcultivate character and the trust of the people.

11. Integrity of the highest order is the fundamentalbasis of the prestige of the police. Recognisingthis, the police must keep their private livesscrupulously clean, develop self-restraint and betruthful and honest in thought and deed, in bothpersonal and official life, so that the public mayregard them as exemplary citizens.

12. The police should recognise that their full utility tothe State is best ensured only by maintaining a highstandard of discipline, faithful performance ofduties in accordance with law and implicitobedience to the lawful directions of commandingranks and absolute loyalty to the force and bykeeping themselves in the state of constant training

...take immediateaction to secure

medical attentionwhenever required.

Article 7- Lawenforcement

officials shall notcommit any act of

corruption. Theyshall also rigorouslyoppose and combat

all such acts.

Article 8- Lawenforcementofficials shall

respect the law andthe present Code.They shall also, to

the best of theircapability, prevent

and rigorouslyoppose any

violations of them.Law enforcementofficials who havereason to believethat a violation ofthe present code

occurred or is aboutto occur shall report

the matter to theirsuperior authorities

and, wherenecessary, to other

appropriateauthorities or

organs vested withreviewing or

remedial power.

26

and preparedness.13. As members of a secular, democratic state the

police should strive continually to rise abovepersonal prejudices and promote harmony and thespirit of common brotherhood amongst all thepeople of India transcending religious, linguistic andregional or sectional diversities and to renouncepractices derogatory to the dignity of women anddisadvantaged segments of the society.

Police Strength

On January 1, 2001, the total strength of the State PoliceForces was 1,449,761, out of which civil police constituted1,077,415 and the armed police 3,72,346.

The police strength varied from state to state. WhileMaharastra had the largest police force (1,59,888), Dadarand Nagar Haveli had the smallest contingent (only 213persons).

Sanctioned strength of the Police Forces in States/UnionTerritories (As on 1.1.2001)18

Sl.State/Uts Civil Armed Total Police PolicePolice Police Strength per per

10,000 100 Sq.Population Kms.

1. Andhra 68,889 13,483 82,372 10.88 29.95Pradesh

2. Arunachal 2,985 2,383 5,368 49.20 6.41Pradesh

3. Assam 18,533 35,838 54,371 20.41 69.314. Bihar 68,937 15499 84,436 10.19 89.675. Chhatisgarh 15,296 9,698 24,994 12.02 18.496. Goa 3,306 723 4,029 29.98 108.83

18 Data on police Organisation in India, 2001 published by the Bureau ofPolice Research and Development.

On 1.1.2001 therewere 10.49 civilpolice personnelper 10,000 ofpopulation and34.03 per 100sq.kms. of area. Interms of the totalpolice strength (civilplus armed), theratio worked out to14.12 per 10,000population and45.79 per 100 sq.kms area.

27

7. Gujarat 51,056 12,419 63,475 12.55 32.388. Haryana 37,949 4,707 42,656 20.23 96.489. Himachal 8,822 5,238 14,060 23.14 25.25

Pradesh10. Jammu & 40,278 18,759 59,037 58.63 58.23

Kashmir11. Jharkhand 26,917 6,202 33,119 12.31 41.5512. Karnataka 55,597 9,509 65,106 12.35 33.9513. Kerala 44,468 8,248 52,716 16.56 135.6514. Madhya 51,280 19,494 70,774 11.72 22.96

Pradesh15. Maharashtra 144,581 15,307 159,888 16.53 51.9616. Manipur 5,425 8,209 13,634 57.07 61.0717. Meghalaya 9,367 2,995 12,362 53.61 55.1218. Mizoram 3,266 4,745 8,011 89.91 38.0019. Nagaland 7,544 8,462 16,006 80.47 96.5420. Orissa 28,973 8,245 37,218 10.14 23.9021. Punjab 52,322 17,972 70,294 28.94 139.5822. Rajasthan 44,899 25,442 70,341 12.46 20.5523. Sikkim 2,040 1,439 3,479 64.43 49.0324. Tamil nadu 80,110 11,669 91,779 14.78 70.5725. Tripura 8,666 8,810 17,476 54.77 166.6626. Uttar Pradesh 89,297 65,577 154,874 9.33 64.2827. Uttaranchal 9,485 3,182 12,667 14.94 23.6828. West Bengal 41,776 15,633 57,409 7.16 64.6729. A & N Islands 2,155 527 2,682 75.34 32.5130. Chandigarh 4,190 419 4,609 51.15 4042.9831. D&N Haveli 118 95 213 9.68 43.3832. Daman & Diu 264 - 264 16.71 235.7133. Delhi 46,383 10,622 57,005 41.36 3843.9034. Lakshadweep 351 - 351 57.54 1096.8835. Pondicherry 1,890 796 2,686 27.58 559.58

T O T A L 1,077,415 372,346 1,449,761 14.12 45.79

Growth of police strength

There has been significant growth in police manpower sinceIndependence. In 1947, the total strength of the police indifferent States/UTs was about 3.81 lakhs. By 2001, thestrength had increased to 14.49 lakhs.

Police Fatalities

A large number ofpolice personnel

have been killed inline of duty. As

many as 21, 428police personnel

lost their livesduring the last fourdecades (1961-62

to 1999-2000).

(Source: IntelligenceBureau)

October 21 everyyear is observed

as the policecommemoration

day.

28

Growth of Police over the Decades19

Year Civil Police Armed Police Total Strength1947 238,368 142,550 380,9181951 272,156 195,584 467,7401961 299,750 226,399 526,1491971 534,236 172,659 706,8951981 692,132 205,698 897,8301991 903,849 248,747 1,152,5862000 1,098,471 380,553 1,479,0242001 1,077,415 372,346 1,449,761

Police Pyramid

The police has a hierarchical structure, with the policeconstable and the Director General of Police at the twoextremes of the organisation. The base of the policeorganisation is very heavy, with constabulary accountingfor about 87.61% of the total strength. The uppersubordinates i.e Inspectors, Sub-Inspectors and AssistantSub-Inspectors constitute about 11.51% of total strength.The officers from the rank of DySP/ASP to the DGPaccount for less than 0.88% of the total police strength.

19 Crime in India published by the National Crime Records Bureau andData on Police Organisation in India published by the Bureau of PoliceResearch and Development and the records of the National PoliceCommission.

During the period1947-2001, thepolice strengthregistered anincrease of 280.5%.While the civilpolice strengthincreased by351.9%, the armedpolice increasedonly by 161.2%.Presently the civilpolice accounts forabout 74.2% andthe armed police forabout 29.8% of thetotal police force.

29

Level-I: Dy. SPto DGP(0.88%)

Level-II: Inspectors,Sub-Inspectors &

Asst. Sub-Inspectors(11.51%)

Level - III: Police Constabulary(87.61%)

Representation of Scheduled Castes andScheduled Tribes in the Police Force

On 1.1.2001, out of the total police strength of 14.79 lakhs inStates/Union Territories, 1.64 lakhs or 11.3% belonged to theScheduled castes and 100,369 i.e. about 6.9% were from thescheduled tribes.

30

Police Expenditure in States

Expenditure incurred on State Police Forces has been risingevery year. During a ten year period from 1990-91 to 2000-2001, the total expenditure incurred on police forces indifferent states registered an increase of about 280.06%.Information about actual expenditure incurred duringdifferent years is given in the following Table:

State Police Expenditure20

Year Police Expenditure in States(Rs. in Crores)

1990-91 4045.81991-92 4543.661992-93 Not Available1993-94 6098.791994-95 6766.271995-96 7198.001996-97 7711.151997-98 9899.201998-99 12511.731999-00 14922.222000-01 15,538.47

20 Extracted from Data on Police Organisation for different years publishedby the Bureau of Police Research & Development.

Though there hasbeen considerableincrease inexpenditure onpolice in absoluteterms, as aproportion of thetotal governmentbudget it hasregistered adecline.

The break up ofpolice expenditureshows that someareas are not beingaccorded duepriority whileallocating funds.Only 1.20% ofpolice expenditurein states wasincurred on PoliceTraining in 2000-01.

31

Recruitment

he police in India is one of the biggest employersof manpower. The State Police Forces are about14.49 lakhs strong, while the five Central Para

Military Forces (BSF, CRPF, CISF, ITBP and Assam Rifles)alone have a combined strength of 5.28 lakhs. The totalstrength of the police thus is round about 2 millions.

Recruitment to the state police is done generally at threelevels - Constable, Sub-Inspector/Asst. Sub Inspector andDeputy Superintendent of Police. In addition, there isrecruitment to the IPS at the level of AssistantSuperintendent of Police.

Since Police Constable is the lowest rank in the force,recruitment to this rank is done directly. For the otherranks, vacancies are filled either by direct recruitment orby promotion.

Educational Qualifications

For recruitment to the rank of Constable, most states haveprescribed High School as the minimum educationalqualification, though in some states like Bihar, Nagalandand Tripura, even primary or middle class passes as theminimum standard of qualification. The Committee onPolice Training (1973) had recommended the High Schoolexamination or its equivalent to be the minimumqualification for recruitment to the rank of constable bothin the civil and armed branches. The National PoliceCommission (NPC), 1980 had endorsed thisrecommendation. However it is evident that some stateshave not implemented these recommendations.

The minimum educational qualification for recruitment tothe level of Sub-Inspector and Dy. SP is generally

T

Rec

ruitm

ent

& T

rain

ing

32

graduation in many states, except in the states of AndhraPradesh, Arunachal Pradesh, Sikkim and Tripura.

Age Limit

The NPC had recommended that the minimum age for aconstable’s recruitment should be 17 years and themaximum 21 years. These recommendations too have notbeen implemented in most states. The minimum age limitis 18 years in almost all the states and the upper age limitfor general category candidates ranges from 20 to 27 years.There is considerable variation in states about the ageprescribed for recruitment to Sub-Inspectors. Theminimum age limit is 19 to 21 years while the upper agelimit varies from 24 to 31 years. There is usual age relaxationfor the candidates belonging to Scheduled Castes andScheduled Tribes.

Physical Standards

There are variations in physical standards prescribed forrecruitment. Generally for Constables, the minimum heightis in the range of 165cm (5’ 5’’) to 170.18cm (5’ 7’’), withrelaxation of 2 cm for persons belonging to hilly and tribalareas. The minimum chest measurement is generally 78.70cm (31’’) unexpanded and 86.3cm (34’’) expanded.

Process of Recruitment

Constables are recruited on a district/battalion basis.Recruitment is generally made by a Board presided overby the District SP or the Commandant of an armed policebattalion. In some states such as Rajasthan and Tamilnadu,the selection board is headed by an officer of the rank of aDIG or IG. The selection process involves physicalmeasurement, efficiency test, written examination,interview, medical examination and police verification.

33

Usually the State Public Service Commission centrallyrecruits Sub-Inspectors. The procedure involves passing aphysical efficiency test and a written examination followedby a mental ability test and an interview. Recruitment tothe post of Deputy Superintendent of Police is madethrough a written examination followed by an interview.The Commission prepares a list of candidates in order ofmerit as determined on the basis of marks obtained andsends it to the government.

Recruitment to the Indian Police Service is done on thebasis of a combined examination conducted by the UnionPublic Service Commission for all India and other alliedservices. A preliminary test is first conducted, which resultsin weeding out a large number of candidates. Those whoqualify are allowed to appear in the main examination. Thesuccessful candidates are then put through a personalitytest at the time of interview. A final list is prepared on thebasis of performance in the main examination and in theinterview.

Recruitment of Sub-Inspectors and Dy. SP is done bothby direct recruitment and by promotion. The quota fordirect recruitment again differs from state to state, butgenerally it is 50%. Direct recruitment to the IPS is doneonly to the extent of 66&2/3% of the cadre strength and33&1/3% of the posts are filled by promotion of officersfrom the State Police Service cadre.

There is reservation of posts for candidates belonging todifferent categories in direct recruitment as well aspromotions. For instance, in UP, 18 % of posts at thelevel of Sub-Inspector are reserved for Scheduled castes,15% for Backward Castes, 20% for Scheduled Tribes and30% for freedom fighters and ex-servicemen. For the postsof Constable, the reservation quota in that State includes21% for Scheduled Castes, 20% for Scheduled Tribes and27% for Backward Castes. In addition, there is reservation

34

of 5% for Home Guards, 2% for sportsmen and 5% forfreedom fighters and ex-servicemen.

Training

Most states have their police training colleges or academiesthat impart training to directly recruited Sub-Inspectorsand Deputy Superintendents of Police and training schoolsfor the training of constabulary.

In addition, most central police organisations haveestablished their own training institutions, which organisenot only basic training for their officers but also specialisedcourses for them and for others. There are three CentralDetective Training Schools under the Bureau of PoliceResearch and Development, which organise special coursesto train investigating officers in advanced scientificmethods of investigating crimes. The National Instituteof Criminology and Forensic Science under the Ministryof Home Affairs, Government of India runs trainingcourses not only for police and forensic science personnel,but also for officers from other agencies of the criminaljustice system.

Four types of training courses are organised by policetraining institutions. These include:

1. basic induction level courses for fresh recruits.2. pre-promotion in-service courses for those about to

be promoted.3. refresher courses.4. specialised courses.

In all, there are 162police traininginstitutions in thecountry, 105belonging to statesand 57 to thecentre.

35

Basic Training Course for:

Constables

Duration: 9 months

Subjects taught: Police Organisation and Administration,Law, Crime Prevention, Maintenance of Law and Order,Code of Conduct and Behaviour, Police–Public Relationsetc.

Outdoor training: Basic Physical Training, Drill, Weaponsand Explosives, Field Craft and Tactics, First Aid, RiotControl; Unarmed Combat etc.

Sub Inspectors/Deputy Superintendents of Police

The training of directly recruited Sub-Inspectors andDeputy Superintendents of Police is conducted at thepolice training colleges of the states.

Duration: 12 months

Subjects taught: Modern India and the Role of Police,Organisation and Administration, Leadership andSupervision, Human Behaviour, Police Attitudes, PoliceImage and Police Public Relations, Law, Criminology,Police Science etc.

Outdoor Training: Physical Training, Drill, WeaponsTraining, Crowd Control, Maintenance and Mechanism ofAutomobiles and Driving, Field Craft and Tactics,Unarmed Combat etc.

For the Deputy Superintendent of Police, the basic subjectsremain the same with additional focus on developingqualities of management and leadership.

Weapons trainingis a part of thepolice training

courses

36

IPS Officers:

Officers recruited to the IPS are trained in the NationalPolice Academy at Hyderabad, after a foundational trainingcourse with officers of other All- India Services at the LalBahadur Shastri National Academy of Administration atMussorie in Uttar Pradesh. The purpose of thefoundational training course is to provide an understandingof the constitutional, economic and social frameworkwithin which the All India Service officers are required tofunction and to give them an idea of the basic principlesof administration, functioning of the governmentmachinery etc. This is followed by a basic training courseof 44 weeks, after which they are attached to someorganisations. They come back to the Academy for a secondphase of two weeks training after completing their fieldattachments and district training.

In the case of lower ranks, successfully completingprescribed training courses is mandatory to get promotionto the next rank. Training courses conducted for thispurpose are called pre-promotion courses.

Besides the above, refresher courses are also conducted atperiodic intervals to sharpen the professional skills of policepersonnel and bring about the required changes in theirattitudes.

Specialised training courses are also conducted on differentsubjects. These are organised both by the police and othertraining institutions. Since the focus of the Indian PoliceService is to train officers to be sound administrators andmanagers, institutes that specialise in management, publicadministration and behavioural sciences are often used forthe purpose of imparting specialised training. Some of thesubjects covered by the specialised training courses include:

Advanced Techniques of Scientific InvestigationVIP SecurityDealing with problems of Insurgency/ terrorism

Horse Riding is apart of police training

37

Detection and Disposal of Bombs/ExplosivesComputer ApplicationsManagement/Public AdministrationForensic ScienceVigilance and Anti corruptionDealing with special crimes, like those againstwomen and childrenDrugs/NarcoticsTraining of TrainersHuman RightsRadio WirelessTrafficCommando TrainingIntelligenceRock Climbing/ MountaineeringCyber CrimesField Craft/ Tactics

The State Governments have not been able to spareadequate resources to bring about the desired improvementsin the state of police training. The percentage ofexpenditure incurred on police training to total policeexpenditure ranged between 1.09 to 1.41 during the lastdecade:

Percentage of Expenditure on Police Training against theTotal expenditure on Police21

Year Total Police Expenditure PercentageExpenditure on Police to total

(Rs. in Crores) Training expenditure(Rs. in Crores)

1990-91 4045.84 NA NA1991-92 4296.27 50.12 1.171992-93 NA NA NA1993-94 6,098.79 79.70 1.36

21 Extracted from Data on Police Organisation for different years publishedby the Bureau of Police Research & Development

A survey of 100 outof 145 policetraining institutionsin the country doneby the Bureau ofPolice Researchand Development inJune 1995 revealedthe following:

Methodology ofoutdoor trainingis largelymodeled on theregimentedmilitary stylewith emphasison timing,uniformity andadherence to theset ritualisticand ceremonialprocedures.

In case of indoorsubjects,training isimparted throughthe chalk andtalk method.

Very few traininginstitutions havepublishedtraining materialfor use by thetrainees.

The quality ofthe trainers isgenerally poor.

Out of 100 policetraininginstitutions 23were functioningwithout classrooms, 18

38

1994-95 6,766.27 73.69 1.091995-96 7,198.00 79.22 1.101996-97 7,711.15 93.92 1.221997-98 9,899.20 116.80 1.181998-99 12,511.73 165.60 1.321999-00 14,922.22 210.64 1.412000-01 15,538.47 186.02 1.20

without blackboards, 16without over headprojectors, 57withoutconferencerooms, 76without seminaror assemblyhalls, 20 withoutlibrary, 70 withoutauditorium, 93withoutsimulationfacilities, 95without forensicunits, 72 withoutcomputers and 4did not have evenlavatory facilities.

There isinvariably ashortage offunds.

39

hough the Constitution of India has mandated‘Police’ and ‘Public Order’ to be State subjects,there are certain provisions in the Constitution,

which empower the Central Government to intervene insome situations or perform special functions in policematters. It is the duty of the Centre to protect the statesagainst internal disturbances and to ensure that thegovernance of every state is carried on in accordance withthe provisions of the Constitution (Article 355).

As per List 1 of the 7th Schedule, the Parliament hasexclusive powers to make laws with respect to:

the armed forces of the Union, which includes theCentral Para–Military Forces (Entry 2A);

the Central Bureau of Intelligence and Investigation(Entry 8);

the Union agencies and institutions for training of policeofficers, promotion of special studies or research,scientific and technical assistance in the investigationor detection of crime (Entry 65);

all-India Services (Entry 70); and

extension of the powers and jurisdiction of membersof one state police force to another with the consentof that state or to outside railway areas (Entry 80).

The Ministry of Home Affairs’ Role

The Ministry of Home Affairs, Government of India isresponsible for the internal security of the country as awhole and performs the following duties in mattersconcerning police:

T

Cen

tre’s

Rol

e in

Pol

icin

g

40

recruiting and managing the Indian Police Service;

operating the Intelligence Bureau, the Central Bureauof Investigation and other Central PoliceOrganisations;

raising, maintaining and deploying Central Para-MilitaryForces to assist the civil police;

maintaining a Directorate of Coordination of PoliceWireless to provide an independent channel ofcommunication to police forces in the country and aNational Crime Records Bureau to ensurecomputerisation of police forces;

establishing and maintaining institutions for research,training and rendering of scientific aids toinvestigation;

enacting laws for the functioning of the criminal justicesystem in the country;

rendering advice and assistance to the stategovernments in dealing with crime, law and order andother related matters;

coordinating the activities of various state policeorganizations; and

providing financial assistance for the modernisation ofState police Forces.

Indian Police Service

At the time of Independence, India inherited from theBritish two All India Services – the Indian Civil Service(ICS) and the Indian Police (IP). These were subsequently

41

renamed the Indian Administrative Service (IAS) and theIndian Police Service (IPS) respectively. These serviceswere constituted under Article 312 of the Constitution ofIndia and a legislation was framed to govern them.

Recruitment of officers to the IPS is done by the CentralGovernment on the basis of a competitive examinationconducted by the Union Public Service Commissionannually. Depending on the vacancies available, thenumber of officers selected for the IPS varies every year,with the average intake at approximately 65 each year. Afterselection, the officers receive their professional training inthe National Police Academy, Hyderabad.

The IPS cadre is controlled by the Ministry of Home Affairsof the Government of India. The officers selected to theIPS are allotted to the various state cadres. They join asAssistant Superintendents of Police and remain onprobation for a period of two years, after which they areconfirmed as Assistant Superintendents of Police. It isthe IPS officers who man the senior posts in the policeforces of all States/Union Territories and in Central PoliceOrganisations. All matters relating to postings, transfersor promotions of IPS officers in the states are handledexclusively by the State governments, while similaradministrative control is exercised by the centralgovernment in respect to officers working under the centralgovernment. An IPS officer can be removed or dismissedfrom service only by the central government.

Central Police Organisations (CPOs)

The Central Government has established a number of policeorganisations known as the Central Police Organisations(CPOs). The CPOs, which function under the control ofthe Ministry of Home Affairs, Government of India canbe broadly divided into two groups. One consists of armed

The totalsanctioned cadre

strength of IPS on01.04.2001 was

3516.

42

police organisations, also known as Central Para-MilitaryForces (CPMFs), like the Assam Rifles, Border SecurityForce, Central Industrial Security Force, Central ReservePolice Force, Indo-Tibetan Border Police and the NationalSecurity Guards. The other group includes organisationslike the Bureau of Police Research and Development,Central Bureau of Investigation (CBI), Directorate ofCoordination of Police Wireless (DCPW), IntelligenceBureau (IB), National Crime Records Bureau (NCRB),National Institute of Criminology and Forensic Science(NICFS), and the National Police Academy (NPA). A Briefdescription of these organisations is given below:

Central Armed Police Forces (CPMFs)

Assam Rifles

Assam Rifles is the oldest of the Central Para MilitaryForces. Presently, it is headed by a Director General, whois an officer of the rank of Lt. General from the Army.Though the organisation has a cadre of its own officers,most senior positions are filled by taking officers ondeputation from the Army.

The Force functioned under the control of the Ministry ofExternal Affairs till 1965. Its control was then transferredto the Ministry of Home Affairs and has since beenfunctioning under that Ministry. The Assam Rifles Act,1941, presently governs the Force.

Its charter of functions include:

maintaining security of the North Eastern sector ofthe international border;

helping states in the North East to maintain law andorder and other states as and when needed; and

It was set up as asmall unit of 750men in 1835,mainly to guard theBritish settlementsand tea estates inAssam and otherneighbouring areas.It was named in1917 as AssamRifles, mainly for itscontribution to theFirst World Wareffort.

43

taking counter insurgency measures in states of theNorth East.

Border Security Force (BSF)

Prior to the Indo-Pak war of 1965, maintaining securityon the Indo-Pak border was the responsibility of the ArmedPolice Forces of the concerned States. The 1965 war ledthe government of India to recognize the need to setup aspecialised force to maintain security on the Indo-Pakinternational border.This led to the establishment of theBSF on December 1, 1965. All the twenty five and a halfState Armed Police Battalions posted on the Indo-Pakborder at that time were merged into this Force. Increasingsecurity concerns in the area have since led to consistentand considerable expansion of the Force.

The BSF has a peace as well as war- time role. Their tasksinclude:

Peace time

To prevent trans-border crimes, unauthorized entry intoor exit from the territory of India;

To prevent smuggling and related illegal activities;

To promote a sense of security amongst the peopleliving in the border areas; and

To help civil administration in maintenance of publicorder.

War Time

To hold ground in less threatened sectors so long asthe main attack does not develop in a particular sector.

The 1965 war ledthe Government ofIndia to recognize

the need to setup aspecialised force to

maintain securityon the Indo-Pak

international border.

BSF personnel areoften deployed on

United Nationspeacekeeping

missions.

44

To protect vital installations against enemy commandosand para-troop raids.

The Force is governed by the Border Security Forces Act,which was passed by the Parliament in 1968 and cameinto effect on June 9, 1969.

Central Industrial Security Force (CISF)

The CISF was set up through an Act of Parliament (CentralIndustrial Force Act, 1968) to provide security to publicsector undertakings. It was made an armed force of theUnion subsequently in 1983. The concerned public sectorundertakings bear the expenses of the CISF personneldeployed for their security. The Force is also deployed inStates/ Union Territories to help them maintain publicorder.

Central Reserve Police Force (CRPF)

This Force was formed in 1939 and was known at thattime as the Crown Representative Police and was utilisedto maintain law and order in the then princely states of thecentral India. After Independence, the Force was givenstatutory status with the passage of the Central ReservePolice Act in 1949. Its main role is to help the States/Union Territories in maintaining law and order. Besidesdealing with various types of riots occurring in differentparts of the country, it has over the past few years alsobeen deployed on anti-insurgency and anti-terroristoperations, VIP security, aviation security, election duties,guard duties and army convoy protection duties.

The Force is divided into Sectors, each headed by anInspector General. The Sectors have Group Centres underthem. Five to seven battalions are attached to each GroupCentre. The head of a Group Centre is a Dy. IG. The

The CRPF wasknown at that timeas the CrownRepresentativePolice and utilisedto maintain law andorder in the thenprincely states ofcentral India.

45

Sectors and Group Centers are located at different placesin the country so that the Force can be speedily mobilizedand deployed at any place in time to deal with an emergencysituation.

In addition to the sectors, there is also a Rapid ActionForce whose primary function is to deal with communalriots.

Indo-Tibetan Border Police (ITBP)

The ITBP was formed in the wake of Chinese aggressionin 1962 to police the Indo-Tibetan border covering a vastexpanse of 2115 Kms. The Indo-Tibetan Border PoliceAct, enacted by the parliament in 1992, presently governsthe force.

The main role of this Force is to:

maintain vigil on northern borders, detect and preventborder violations, and promote a sense of securityamong the local populace;

check illegal immigration, trans-border smuggling andcrimes;

provide security to sensitive installations, banks andprotected persons; and

restore and preserve order in any area in the event ofdisturbance;

The ITBP mans forward border posts at altitudes rangingfrom 9000 to 18000 feet. While the primary role of theITBP continues to be that of policing the Indo-Tibetanborder, the force is also deployed on internal security duties.

The ITBP wasoriginally set upunder the CRPF

Act. Now, it isgoverned by the

Indo-Tibetan BorderPolice Act, 1992

46

The National Security Guards (NSG)

The National Security Guards was established in theaftermath of the ‘Blue Star’ operation in 1984 to deal withthe problem of terrorism in its various forms, like hostagetaking, hijacking of aircraft, kidnapping etc. It has twomain components- Special Action Group (SAG) andSpecial Rangers Group (SRG).

The functioning of the Force is regulated by the NationalSecurity Guards Act of 1986 and the Rules framed underthe Act in August 1987.

Strength of the Central Para -Military Forces on1.1.200122

Sl. Name of the No. of Total StrengthNo. CPMFs Battalions1 CRPF 141 1,67,7572 BSF 160 1,85,9443 CISF 306 89,6124 ITBP 29 31,2625 Assam Rifles 67 53,795

Total 635 5,28,370

Other Central Police Organisations

Bureau of Police Research and Development (BPR&D)

The BPR&D was set up under the Ministry of HomeAffairs in August, 1970 to promote a systematic study ofpolice problems in a rapidly changing society and tofacilitate application of new developments in science andtechnology to police work. The BPR&D in its existing formconsists of the following four Divisions:

22 Data on Police Organisation in India, 2000.

The NSG has nocadre of its own. Itis manned byofficers and men ondeputation mainlyfrom the army andthe CPMFs.

47

i. Research Divisionii. Development Divisioniii. Training Divisioniv. Forensic Science Division

Two Fellowship Schemes are administered by the BPR&D-one by the Research Division and the other by the ForensicScience Division. To promote research amongst studentsof social sciences in police problems, the Research Divisionawards six fellowships to post-graduate students for Ph.D.work. Besides, 12 fellowships are awarded every year forPh.D. work in forensic Science. Both the Fellowshipsoperate more or less on the pattern of the University GrantsCommission.

Central Bureau of Investigation (CBI)

What is known today as the CBI was originally set up asthe Special Police Establishment (SPE) in 1941 toinvestigate cases of bribery and corruption involving theemployees of the War and Supply Department of theGovernment of India during the Second World War. Evenafter the war was over, the need to continue the agency toinvestigate corruption charges involving governmentservants was felt. The Delhi Special Police EstablishmentAct was passed in 1946 to give the organisation a statutorybase. Its jurisdiction was extended to cover cases ofcorruption involving employees of all departments of theGovernment of India. The role of the SPE was graduallyextended and by 1963, it was authorised to investigateoffences under 97 Sections of the Indian Penal Code,offences under the Prevention of Corruption Act and 16other Central Acts.

In 1963, the Government of India set up the Central Bureauof Investigation.23 This new organisation’s charter included

23 It was constituted by the Government of India’s Resolution No. 4/31/61-T dated April 1, 1963.

To review and guidethe BPR&D in its

work there is aPolice Research

and DevelopmentAdvisory Council

under theChairmanship ofthe Union Home

Secretary. Inaddition there are

standingcommittees to

oversee and guidethe work of each

division.

48

not only the work done by the Delhi Special PoliceEstablishment but also additional investigation workrelating to breach of central fiscal laws, major frauds incentral government departments, public joint stockcompanies, passport frauds, crimes on the high seas and inthe air and organised crimes committed by professionalgangs. It was also given the work of maintaining crimestatistics, collecting intelligence relating to certain typesof crimes, working as the National Crime Bureau (NCB)of the country for the International Police Organisation(INTERPOL). Presently, the CBI consists of the followingdivisions:

i. Anti Corruption Divisionii. Economic Offences Divisioniii. Special Crimes Divisioniv. Legal Divisionv. Coordination Divisionvi. Administration Divisionvii. Policy and Organisation Divisionviii. Technical Divisionix. Central Forensic Science Laboratory

The legal powers of investigation of the CBI are derivedfrom the Delhi Special Police Establishment Act, 1946(DPSE Act). The organisation can investigate only suchoffences as are notified by the central government underSection 3 of the DPSE Act. The powers, duties, privilegesand liabilities of the members of the organisation are thesame as those of the police officers of the union territoriesin relation to the notified offences. While exercising suchpowers, members of the CBI of and above the rank ofSub-Inspectors are deemed to be officers in charge of thepolice station. The Central Government is authorised toextend the powers and jurisdiction of the members of CBIto any area, including railway areas, for the investigationof offences notified under Section 3 of the District Special

49

Police Establishment Act, subject to the consent of thegovernment of the concerned state.

Even though the CBI has been in existence for so long, itis still governed by the old Delhi Special PoliceEstablishment Act of 1946. Section 4 (1) of this Act veststhe superintendence over the organisation in the CentralGovernment. An important development in this regardoccurred in December, 1997 when the Supreme Courtdelivered its judgement in Writ Petitions (Criminal) Nos.340-343 of 1993, commonly known as the Havala Case.The Court directed that the responsibility of exercisingsuperintendence over the CBI should be entrusted to theCentral Vigilance Commission (CVC) and that the CVCshould be given a statutory status.24 The judgement of theapex court is yet to be implemented. The CVC Bill hasnot yet been passed.

The Single Directive

The term ‘Single Directive’ is commonly associated withthe role and functioning of the CBI. The SingleDirective was a set of executive instructions issued bythe Central Government, prohibiting the CBI fromundertaking any inquiry or investigation against anyofficer of the rank of Joint Secretary and above in theCentral Government including those in the public sectorundertakings and nationalised banks without the priorsanction of the head of the department. The SupremeCourt’s judgment in the Havala Case had declared thesingle directive null and void. The Court found itunacceptable in law on two grounds. It required apolice agency to seek permission from the executiveto initiate investigation into a criminal offence, which

24 The CVC was set up by the Government of India in 1964 by ResolutionNo. 24/7/64-AVD dated February 11, 1964.

Under Section 6 ofthe DPSE Act, theCBI has to obtain

the consent of theState Government

to exercise itspowers and

jurisdiction in thatState.

50

is contrary to law. Secondly, it violated the canon ofequality in the application of law. However, attemptsare being made to bring the Single Directive back onthe ground that officers at the decision making level inthe government require protection.

Directorate of Coordination, Police Wireless (DCPW)

The need for an independent and reliabletelecommunication system had been recognised by theGovernment of India early in 1946 when an Inspectorateof Wireless was set up under the Ministry of Home Affairs.

The charter of the organisation is fairly wide andcomprehensive. Responsible for coordination anddevelopment of police telecommunication systems in theentire country, the DCPW is the premier policetelecommunication organisation, which provides vitalcommunication amongst its Inter- State Police WirelessStations (ISPW) and the national capital. It provides roundthe clock communication between the centre and stateson subjects relating to law and order and other matters.

Intelligence Bureau (IB)

Amongst the existing intelligence agencies, the IB isprobably the oldest in the world. It was established as theCentral Special Branch by an order of the Secretary ofState for India in London on December 23, 1887. Followingthe recommendations of the 1902-03 Indian PoliceCommission, the organisation was renamed as the CentralCriminal Intelligence Department. Gradually, the securitytasks of the organisation started overshadowing itsresponsibilities in respect of criminal work. The word‘criminal’ was therefore dropped from its name in 1918and its present nomenclature (IB) was adopted in 1920.

Amongst theexisting intelligenceagencies, the IB isprobably the oldestin the world. It wasestablished as theCentral SpecialBranch by an orderof the Secretary ofState for India inLondon onDecember 23,1887.

51

The IB’s role is vast and extensive covering a broad rangeof issues and has to deal with many problems, liketerrorism, subversion and insurgency on the one hand andespionage and attempts to undermine the democratic fabricof the country by external agencies on the other. Its maintask is to collect intelligence about the subversive andterrorist activities of people and organisations, disseminatesuch information in time to the concerned authorities andadopt strategies to counter threats to internal security ofthe country and its institutions.

National Crime Records Bureau (NCRB)

The charter of the NCRB includes the following:

To function as a clearing-house of information on crimeand criminals;

To store, coordinate and disseminate information oninter-state and international crime and criminals;

To collect, compile and publish crime statistics;

To develop and modernise the Crime Records Bureauin the states;

To develop computer based systems for policeorganisations and to cater to their data processing andtraining needs for computerisation; and

To function as storehouse of finger print records.

National Institute of Criminology and forensic Science (NICFS)

The NICFS was originally set up as a Central Institute ofCriminology and Forensic Science by the Government ofIndia in 1973 as a part of the BPR&D. The need for such

The National CrimeRecords Bureauwas set up in 1986through a merger ofthe following fourunits:

i) Directorate ofCoordination ofPoliceComputers

ii) Crime RecordsSection of theCBI

iii) Central FingerPrint Bureau ofthe CBI

iv) StatisticalSection of theBPR&D

52

an institution was recommended by a sub-committee setup by the University Grants Commission in 1969. In 1976,it was separated from the BPR&D and given anindependent status under the Ministry of Home Affairs.Its charter was defined in the Government of India’sResolution dated September 25, 1976. According to itscharter, it has to act towards advancement of knowledgein the field of criminology and forensic science; to organisein-service training courses for officers in the police,judiciary and correctional services and to act as a referencebody in the field of criminology and forensic science fornational as well as international institutions.

Sardar Vallabhbhai Patel National Police Academy (NPA)

The National Police Academy, named after the formerDeputy Prime Minister of India (1947 - 1950) SardarVallabhbhai Patel, is the premier police training institutionin the country. The NPA trains officers of the Indian PoliceService.

After selection, IPS officers are sent to the SardarVallabhbhai Patel National Police Academy, Hyderabadfor professional training. The trainees are put through atraining schedule for 44 weeks in both indoor and outdoorsubjects.

The training programmes conducted at the Academy arethe basic course for IPS. Officers; three in-serviceManagement Development Programmes for officers of SP,DIG and IG levels of the Indian Police Service; Trainingof Trainers’ Courses for the trainers of various policetraining institutions in the country; IPS Induction TrainingCourse for State Police Service Officers promoted to theIPS and short specialised thematic Courses, Seminars andWorkshops on professional subjects for all levels of policeofficers.

Extracts from theMissionStatement of theAcademy

“The primarypurpose of theSardar VallabhbhaiPatel NationalPolice Academy isto prepare leadersfor the IndianPolice, who willlead/command theforce with courage,uprightness,dedication and astrong sense ofservice to thepeople.”

53

Foreign police officers and other officers belonging toArmy/IAS/IFS/Judiciary, Public Sector Undertakings,Nationalised Banks, Insurance Companies etc. also attendvarious specialised courses conducted by the Academyfrom time to time.

The Academy has total staff strength of 427. An AcademyBoard headed by the Union Home Secretary and comprisingof senior civil and police officers and eminent educationistsas its members periodically reviews the syllabi and trainingmethodology of various courses conducted in theAcademy. The Board oversees the work and problems ofthe NPA

54

he Ministry of Home Affairs, Government of Indiaintroduced a scheme in 1969-70 to extend financialsupport to the State Governments for the

modernisation of their police forces. The pattern ofassistance under the Scheme initially was 75% loan and25% grant. In 1973-74, this was changed to 50 % grant-in-aid and 50% loan on the recommendations of the SixthFinance Commission. Under the Scheme, financialassistance was given for purchase of:

data processing machines for crime records;

equipment for forensic science laboratories, fingerprint bureaus, centers for examination of questioneddocuments and scientific aids to investigation;

wireless equipment for police;

equipment for police training institutions; and

vehicles for increased police mobility.

In the first phase of the Scheme, covering the period 1969-70 to 1979-80, an amount of Rs. 52.24 crores was releasedto the state governments.

The National Police Commission in its third report(February, 1980) examined the working of the Scheme.The Commission recommended that the Scheme shouldbe extended for another period of ten years from 1978-79,with substantial increase in allotment. The Governmentof India extended the Scheme till 1989-90 with an outlayof Rs. 100 crores. In this phase, the States were asked toadopt an area-based approach by identifying problem areasand formulating plans to improve policing in such areas.During this phase, an amount of Rs. 89.29 crores wasreleased to the States.

TP

olic

e M

oder

nisa

tion

Sch

eme

55

The Scheme was further extended to its third phase, whichcovered the period 1991-2000. The outlay was increasedand an amount of Rs. 120 crores was sanctioned for releaseduring the five-year period 1991-95 at an annual rate ofRs 30 crores. The funds were allocated to the states as perthe following criteria:

Criteria WeightagePopulation of State 35%Sanctioned strength of police 25%Number of Police Stations 15%Crime per lakh of population 25%

Item wise allocation fixed during this phase was as follows:

Police Training- Buildings & Equipment 20 %

Forensic Science- Buildings & Equipment 20 %

Light Weaponry/Aids for Crowd Control/Traffic Control/VIP Security 20 %

Acquisition of New Vehicles 20 %

Communication 10 %

Aids to Investigation/ Data Processing/Office Equipment 10%

The Police Modernisation Scheme has been in existencefor more than three decades now. Though it has broughtabout some improvement in mobility and communicationfacilities available to the police, the Scheme has notsucceeded in giving a comprehensive modern look to thestate police forces. There are various reasons for this. Therequirements are huge and the central government has notbeen able to spare enough funds. Inflationary pressures

56

combined with the expansion of police forces have alsoreduced the impact of whatever increase in grants occurred.The state governments have not provided enough fundsout of their budgets. The monitoring of the utilisation offunds released under the scheme has not been effective.The Scheme did not give enough consideration to the needto modernise the working of the police stations in thecountry.

It is learnt that the Government of India has decided notonly to extend the Scheme but to really revamp it. TheGovernment is reported to have increased the amount offinancial assistance under the Scheme to Rs. 1200 Croresper year from 2001-02 onwards for the modernisation ofthe Police Forces in the country.

Police Organisation in India – At a Glance

The police organisation in India both under the Centraland State Governments can be viewed at a glance on themap attached.

POLI

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The Commonwealth Human Rights Init iat ive

The Commonwealth Human Rights Initiative (CHRI) is a non-p a r t i s a n , n o n - p r o f i t i n d e p e n d e n t i n t e r n a t i o n a l n o n -governmental organisat ion mandated to work towards thepract ica l rea l isat ion of human r ights in Commonweal thcountr ies. Human rights advocacy and education are at thecore of a l l CHRI’s act iv i t ies, and the aims and ends of a l li ts reports and invest igat ions.

C H R I a i m s t o r a i s e a w a r e n e s s o f a n d a d h e r e n c e t ointernat ional ly recognised human r ights instruments andd e c l a r a t i o n s m a d e b y t h e C o m m o n w e a l t h H e a d s o fGovernments, and more particularly the values embodied inthe Harare Declaration.

CHRI was based in the United Kingdom unt i l 1993, whenthe head office moved to India. The Trustee Committee officein London continues to support the work of the headquartersbased in New Delhi. In May 2001 CHRI opened a new off icei n A c c r a , G h a n a i n o r d e r t o d e v e l o p h u m a n r i g h t sin tervent ions par t icu lar ly appropr ia te to the context o fCommonwealth Africa.

CHRI is working in the fol lowing areas:Right to InformationPolice ReformsPrison ReformsConsti tut ional ismHuman Rights Advocacy

B i e n n i a l R e p o r t o n H u m a n R i g h t s I s s u e s t o t h eCommonwealth Heads of Government Meeting (CHOGM).

Commonwealth Human Rights InitiativeN-8 II nd Floor, Green Park (Main), New Delhi - 110 016, (INDIA)

Tel: +91-11-2685 0523,2652 8152,2686 4678Fax: +91-11-2686 4688

E-mail: chriall@nda.vsnl.net.inWebsite: http://www.humanrightsinitiative.org