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The term police has been derived from the latin word politia which means the condition of a
Polis or State. According to Oxford dictionary, the term police means a system of regulation for
the preservation of order and enforcement of law; the internal government of State.
The term broadly refers to purposeful maintenance of public order and protection of persons and
property, from the hazards of public accidents and the commission of unlawful acts. It refers to
civil functionaries charged with maintaining public order and safety and enforcing the law
including the prevention and detection of crime1
The duties of the police are specified in the Police Act of 1861, a remnant of colonial rule that
was designed to be highly militaristic and authoritarian. Section 20 specifies that the police do
not have unfettered discretion to commit any act, but only those acts that have been sanctioned
by law (the ultra-vires principle). Section 23 specifies the general duties of the police officer.2
Save for a brief section on neglect of duty, however, the Act does not discuss instances of civilian
and political control over police when the latter has exceeded or abused its power.3
As mentioned above, the police are governed by the state, so most of the regulations will be
found in state laws rather than central government laws.
For example, the Delhi Police Act of 1978 specifies, in section 19, the powers held by the
commissioner of police. The Commissioner may make regulations regarding, among others, the
place of residence of members of the police force and regulations for the purpose of rendering
1 Sonia Saini, Model Police Act 2006- an Analysis, available at ssglawfirm.in, accessed on 28/03/2015.
2 It shall be the duty of every police-officer promptly, to obey and execute all orders and warrants
lawfully issued to him by any competent authority; to collect and communicate intelligence affecting the
public peace; to prevent the commission of offences and public nuisances; to detect and bring offences to
justice and to apprehend all persons whom he is legally authorized to apprehend, and for whose
apprehension sufficient ground exists; and it shall be lawful for every police-officer, for any of the
purposes mentioned in this section, without a warrant to enter and inspect, any drinking-shop, gaming-
house or other place of resort of loose and disorderly characters.
The need for police reforms in India is long recognized. There has been more than three decades
of discussion by government created committees and commissions. Way back in 1979 the
National Police Commission (NPC) was set up to report on policing and give recommendations
for reform. The Commission produced eight reports, dozens of topic specific recommendations
and also a Model Police Act. No recommendation was adopted by any government. This
persuaded two former Director Generals of Police (DGPs) in 1996 to file a Public Interest
Litigation (PIL) in the Supreme Court asking the Court to direct governments to implement the
NPC recommendations. In the course of the 10 year long battle in Court, the Court set up the
Ribeiro Committee in 1998 followed by the Padmanabhaiah Committee in 2000 and eventually
the Police Act Drafting Committee (PADC or Soli Sorabjee Committee) that drafted a new
model police bill to replace the colonial 1861 Police Act in 2006. Meanwhile very little was ever
done on the ground to improve policing or implement the recommendations put forth by any of
these committees or commissions.
6 Prakash Singh and Ors v Union of India and Ors1 ;(2006) 8 SCC 1
district levels to inquire into public complaints against the police personnel below the rank of
Deputy Superintendent of Police in cases of serious misconduct
Directive Seven
Set up a National Security Commission (NSC) at the union level to prepare a panel for selection
and placement of Chiefs of the Central Police Organisations (CPO) with a minimum tenure of
two years
These directives pulled together the various strands of improvement generated since 1979. The
Court required immediate implementation of its orders either through executive orders or new
police legislation. Initially, the Court itself monitored compliance of all states and union
territories. However, in 2008 it set up a three member Monitoring Committee with a two year
mandate to examine compliance state by state and report back to it periodically.
Comparison of the Police Act 1861 and Model Police Act, 1861 :
1) On the basis of scope of the Acts: The Police Act 1861 is not the sole or only law in relation
to police functions. The maintenance of public order and the criminal justice system are based on
the Indian Penal Code (IPC), Criminal Procedure Code (CrPC), Indian Evidence Act as well as a
large number of special legislations including special laws including Prevention of Terrorism Act
(POTA, now repealed ) or Unlawful Activities Prevention Act (in which many of the provisions
of repealed POTA have been incorporated ) or Control of Organized Crimes Act (COCA) as in
Maharashtra or Scheduled Castes and Scheduled Tribes (Prevention of Atrocities ) Act, apart
from the provisions of the Indian Constitution itself .In addition to the laws, there are Police
Regulations (e.g. PRB in West Bengal) and Police Manuals (e.g. Tamil Nadu) in every state
laying down clear guidelines and instructions in regard to the exercise of police powers and
duties.
The Model Police Act seeks to cover the entire field of police administration. It is self sufficient
in nature and does not draw any support from the other substantive law for the purpose of
administration. It is an act in a right direction which can be a good alternative to the archaic old
act
2) The preamble of the Act: The preamble of the Police Act of 1861 states that enacted to
reorganize the Police and to make it a more efficient instrument for the prevention and detection
of crime.7 The preamble of the act makes it clear that the role of the police is just as an
instrument for prevention and detection of crimes. The police plays no role in preserving the
rights of the people and responding to the democratic aspiration of the people. The role of the
police is just confined to the law enforcement function.
The preamble of the Model Act is wider in its ambit and its states:
WHEREAS respect for and promotion of the human rights of the people, and protection of
their civil, political, social, economic and cultural rights, is the primary concern of the Rule
of Law8;
AND WHEREAS, it is the constitutional obligation of the State to provide impartial and
efficient Police Service safeguarding the interests of vulnerable sections of society including
the minorities, and responding to the democratic aspirations of citizens;
AND WHEREAS such functioning of the police personnel needs to be professionally organised,
service oriented, free from extraneous influences and accountable to law;
AND WHEREAS it is expedient to redefine the role of the police, its duties and
responsibilities, by taking into account the emerging challenges of policing and security of
State, the imperatives of good governance, and respect for human rights;
AND WHEREAS it is essential to appropriately empower the police to enable it to function as an
efficient, effective, people-friendly and responsive agency;
NOW, THEREFORE, since it is necessary for this purpose to enact a new law relating to the
establishment and management of the Police Service, it is hereby enacted as follows:
The State Police Board would perform the following functions according to the act17:
a) frame broad policy guidelines for promoting efficient, effective, responsive and accountable
policing;
b) select and prepare a panel (on the basis of seniority and merit see below)of three senior most
police officers for promotion to the post of Director General of Police;
c) identify performance indicators for police evaluation; and
d) Conduct organizational performance evaluation.
1. The first concerned expressed is that some of the words and phrases used in the Model Act
have been defined very broadly in Chapter I of the Act. For instance, words and phrases like
terrorist activity, militant activities, insurgency and organized crime have been used throughout
the Model Act with concomitant police duties as well as powers of the state to declare areas as
Special Security Zones. The definition of these terms is not sufficiently precise. Instead,
definitions are inclusive- the terms are defined to include activities. It means that many other
activities that are not specified can fall within the terms of the definition. This has the potential to
impact heavily on the fundamental rights of the community, and broaden the application of the
Act well beyond what was anticipated by the Committee.
2. Secondly, grave reservations are expressed regarding the inclusion of Section 22 in Chapter II
of the Model Act. Section 22 empowers the Superintendent of Police to appoint any able-bodied
and willing person he considers fit to be a Special Police Officer to assist the Police Service. A
Special Police Officer appointed under Section 22 would have the same powers and immunities
as ordinary police officers, but would not have the opportunity to undertake the comprehensive
training a regular officer is required to undergo, in subjects as diverse as the use of fire arms, the
principles of law relating to use of force and the legal rights of the public. Experience in
Punjab,If more police officers are required in a given situation, proper recruitment and
appointment procedures must be followed to induct new officers. An effective police service is a
professional, trained policeservice. This is a minimum standard that must not be breached.
3. Thirdly, the concern expressed is regarding the police presence in rural India which continues
to be minimal. The rural policing system advocated by the Committee in Chapter VII is based on
assistance from local villagers who are appointed as Village Guards and Village Defense Parties.
Their functions broadly include: (a) preventive patrolling; (b) securing and preserving scenes of
crime; (c) remaining alert and sensitive to any information about any suspicious activity. such
information to the police; (d) making arrests and handing arrested people to the police without
delay. It has been observed that these provisions have vast scope for abuse. Questions like, who
are suspicious persons?, and what is suspicious activity? are bound to arise. Authorizing
Village Guards to arrest and hand over a suspect to police is also an issue. Concern has been
expressed regarding the absence of any provision requiring the Village Guards to hand over the
suspect within twenty-four hours of arrest, which is the general standard followed in the Cr.P.C.
It might result in a concentration of power in the hands of the dominant groups within villages
that might be steeped in gender, caste or religious bias. The scope for abuse is vast; especially
given the fact that most villagers would not be aware of the ambit of powers of the Village Guard
and Defense Party or of their rights vis--vis these power structures within the village. Apart
from the grave dangers of abuse of power, lack of appropriate skills, experience and training
would also mean inefficient, ineffective and unresponsive policing in rural areas. Doubts have
been raised about the skills of a villager while preserving and securing crime scenes or in
preventive patrolling. It has also been observed that there is no excuse for the failure to provide
regular police cover to villages where the majority of Indian population resides.
Though the Model Police Act, 2006 is not free from criticisms but it is a better substitute to the
old and outdated Police Act, 1861