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An Overview Of the evolution of Police System

May. 16, 2020   •   Architi Batra

INTRODUCTION

Most countries of the World have their own regular hierarchy of courts for dispensation of the criminal justice system. Reform of the judiciary would not be complete without the special emphasis on reforming the criminal justice administration system. Due to delay in criminal cases, it straightly affects the core fundamental right (i.e Article 21 and Article 14 of the Indian Constitution) of the victim. The criminal justice delivery system in India has not achieved the ideals as it was stated to achieve- ensuring fair and inexpensive trial. The Right to a fair trial, speedy trial, and legal aid have already been declared as a Fundamental Right by Hon’ble Supreme Court in the famous case of Hussainara Khatoon. The most important reason for pending criminal cases is the lack of a sufficient number of Courts established in India. Meanwhile in the case of civil justice delivery system, lack of courts is not an administrative problem but it’s a constitutional one. Every state must be mandated by a statute to establish a requisite number of courts based on population, litigation, and earlier relevant criteria. Another factor for the delay is the lack of separation between the law and order department and the investigative department of the police. However, the investigative department works without any proper legal advice at the investigation stage. This result is a lack of professionalism, overwork, and failure in our Indian Judiciary system. In India, both the Legislature and Judiciary should work together for a proper outcome in every case.

HISTORY OF POLICE FORCE

The origin and development of the police force as an organ of State to protect the lives and properties of people has a specific history recorded from the experiences of many countries. The following discussion highlights such developments in U.K, U.S & INDIA.

  • UNITED KINGDOM

The use of police had its origin during the beginning of the civil protection movement period against crime and disorder in England. King Edward-I promulgated the Edict West Minister in 1285 under which local groups of property owners consisting of about 100 each, were made responsible for maintenance of peace in their District. Today the British Police Force Ranks as one of the most efficient police organizations in the Wold.

  • UNITED STATE OF AMERICA

In the USA, a regular police force was established in New York, as in 1844, which was recognized under the Dougan Charter of 1886. But it was proved unsuccessful due to the low rate of wages. The USA believes in the philosophy of greater police-public participation which helps in the maintenance of congenial law and order situations. The modern police system is based on the principle of using legitimate and justified force against the citizens and that police themselves should not indulge in unnecessary violence.

  • INDIA

The concept of “police” in India was in existence from ancient times. The ancient law given Manu emphasized the need of police force for the maintenance of law and order. In his opinion, police functions should be given to only those persons who are well acquainted with the local people and dedicated to the cause of protecting society against violence. The police force was also prevailing during the period of Lord Rama and Lord Krishna. The Indian history to police force can be studied under the following heads-

  1. Ancient Hindu Period: During the Ancient Hindu Period there was said to be an organized police force. During the period of the Gupta Dynasty law and order situation was well organized with expert police system.
  2. Mughal Period: During the Mughal Period the police system was also well organized. Head of the Police was called as Fouzdar, in-charge of the entire police force with subordinates termed as Daragas or Kothwals.
  3. British Period: During the British Rule in India, the prevailing system of the Mughal Rule was modified. In each Province under the Regulations of 1816, village headmen were empowered as ex officio heads of police to apprehend offenders and send them to district authorities. They were allowed to decide certain petty cases. The Police Commission of 1860 recommended that the activities of police should be entrusted to the civil constabulary, separate from the military police. The Police Act,1861 was comprehensive legislation but made applicable only to British India and not to the independent Princely States. The Police system which was developed under the Police Act,1861 which has the following three basic characteristic features:
      1. Organized, maintained, and directed by several States.
      2. Horizontally stratified as in the case of military force, into different cadres and
      3. Divided vertically into armed and unarmed branches.
  4. Modern Period of Post-Independence India: The modern Police system is reposed with the responsibility of detention and investigation of crimes, apprehended criminals by arrest and detention, and submitting them to Court of Law for trial. They are also under a duty to deal with juvenile delinquents. Under various other special enactments also, special powers are given to police to regulate society.

HISTORY OF CRIMINAL COURTS

The concept of justice has its origin in the legacies of Roman Law and Roman Jurisprudence which laid great emphasis on jus naturale and jus genitum. The principles of equity got evolved in the British judicial system in the course of time. The King was regarded as a fountainhead of justice. The renaissance period stressed upon the secular nature of justice and the sovereign character of the secular State was regarded indispensable for imparting even-handed justice.

The following are the chief among the courts which are vogue even today:

  1. House of Lords/ Supreme Court.
  2. Court of Criminal Appeal.
  3. Queen’s Bench of High Court.
  4. Assize Court.
  5. Central Criminal Court of London.
  6. Magistrate’s Court.

However, the growth of King’s Bench in subsequent years, the powers of the canonical courts declined and a variety of new courts were set up for the administration of the criminal justice system.

The modern judicial hierarchy, prevailing in India for the administration of the criminal justice system is as follows-

  1. Supreme Court of India; [Art 134 of the CONSTITUTION OF INDIA]
  2. State High Courts; [Art 214 of the CONSTITUTION OF INDIA]
  3. Court of Sessions; [Sec 28(2) of the CODE OF CRIMINAL PROCEDURE]
  4. Courts of Judicial Magistrates [Sec 11(1) and (2) of the CODE OF CRIMINAL PROCEDUE] / Metropolitan Magistrates [Sec17 (1) and (2) CODE OF CRIMINAL PROCEDUE]
  5. Executive Magistrates. [Sec 20 of the CODE OF CRIMINAL PROCEDUE]

FUNCTIONS OF CRIMINAL COURTS

The modern criminal law courts perform the following four functions namely-

  1. Redressal of the grievance of the complainant who is the wrongdoer by the criminal act;
  2. Punishment of offender;
  3. Fair and impartial trial of the accused ensuring him/her justice in the case;
  4. Maintainance of law and order in society by eliminating the offenders through punishments.

OTHER FORUMS DEALING WITH CRIMINAL MATTERS IN INDIA

  1. Nyaya Panchayats
  2. Lok Adalats
  3. The Legal Service Authorities.
  4. Special Courts.
  5. Fast Track Courts.

CONSTITUTION OF INDIA AND POLICE ADMINISTRATION

Under the Constitution of India, the subject of police was incorporated as Entry II in the State List. The state is made responsible to maintain their own police force to be engaged in the maintenance of peace and security. However, the Central Government, as the protector of the component states is also empowered to intervene in the law and order power of such states whenever there in any internal disturbance as provided under Article 355 of the Constitution of India.

CODE OF CRIMINAL PROCEDURE AND POLICE ADMINISTRATION

The powers provided under The Code of Criminal Procedure on the police are so wide that they can indulge in any aspect of the lives of the people in India. This is resulting in positive aspects as well as negative repercussions. Today, the police force is considered to be a conscience keeper of society. The role of the police in preserving and protecting the basic needs of human survival and social order has become pivotal. The Police Act, 1861 is still in force.

TYPES OF JUSTICE

Justice can be either civil or criminal. Basically there are two kinds of Justice. They are-

  1. Legal Justice- It is justice actually declared and recognized by the law and the country and is enforced in the Court of Law.
  2. Natural(Moral) Justice- It is justice in deed and truth.

In the Court of Justice, these two kinds of proceedings can be initiated. These proceedings may be for the enforcement of a right or the punishment for the violation of a right. In a civil proceeding plaintiff claims aright and the court secures it for him while in the criminal proceedings the prosecutor claims no right but merely accuses the other party. The criminal proceedings are retributive while in the case of civil proceedings is remedial.

In another term, Justice is divided as Public and Private Justice, where Public Justice is that which is administered by the state through its own tribunal and Private Justice is distinguished as justice between individuals.

GROWTH OF JUSTICE

The original growth of the administration of justice is identical with the origin and growth of man. In the beginning, everyone had to help himself to punish the criminal or wrong-doer. Self-help was the rule and personal vengeance was allowed. The principle of an eye for an eye, and a tooth for a tooth was followed but that was not a satisfactory state of affairs and consequently, the necessity of the sword of State was felt to defend the interests of the weak and infirm as processes of mediation and arbitration of individuals did not work properly in settling the disputes.

DISTINGUISH BETWEEN CIVIL AND CRIMINAL JUSTICE

Civil Justice deals with the enforcement of rights which may be primary or sanctioning. Sanctioning Right is the one that arises out of the violation of another’s rights and all other rights are primary rights.

Criminal Justice aims with the subject discussions by jurists from the early days and as a result, thereof various theories have been propounded by jurists. Criminal Justice means punishment of the wrong-doer for the violation of the victim’s right.

JUSTICE ACCORDING TO LAW

There are uses and misuses of justice according to Law. Once Salmond had clearly stated, “The law is, without doubt, a remedy for greater evils of its own”. While discussing the advantages of justice according to law, Late Prof. Roscoe Pound has summed up as follows-

  1. The law sets up a standard pattern of conduct.
  2. It serves as a guiding star for judges to make decisions.
  3. It assists the lawyers to predict the course which the administration of justice will take.

OBJECTS OF CRIMINAL JUSTICE

Though mainly the object of criminal justice is retributive i.e to punish the wrong-doer. Salmond has given the following four objects-

  1. Deterrent Punishment
  2. Preventive Punishment
  3. Reformative Punishment
  4. Retributive Punishment

PRINCIPLES GOVERNING THE POLICE FORCE

The following are the important principles that are governing police force in a democratic set of Government in India-

  1. Contribution towards equality, liberty of the common people, fraternity in human activities, and affairs.
  2. Help and reconcile in the needs of people with security and to uphold the rule of law.
  3. Uphold and protect human rights.
  4. Contribute to win people’s faith.
  5. Strengthen security to persons and property.
  6. Investigate, detect, and activate the process of prosecution of offenses.
  7. Facilitate high way moments and curb public disorder.
  8. Deal with major and minor crisis events and help the needy by holding frequent public grievances redressal meetings.

FUNCTIONS OF POLICE

The following are the main function which is lawfully vested in the police force-

  1. Patrolling and surveillance.
  2. Prevention and control of offenses.
  3. Arrest and release of accused on finding non-guilty.
  4. Investigation and inquiry into offenses.
  5. Frisking and interrogation of suspects.
  6. Search and Seizure.
  7. Maintenance of Inquest Registers.
  8. Assistance to public prosecutors.
  9. Identification of criminals and areas prone to crime.
  10. Control of juvenile delinquency, recidivism.
  11. Securing Public welfare.
  12. Control of roads and traffic.

DUTIES OF A POLICE FORCE

As already stated above the functions and principles of a police force. Apart from that, there are some important duties of civil police as contemplated in law:

  1. Receiving complaints from the public and registering the same as FIR.
  2. Conducting patrolling.
  3. Serving and protecting the citizens and non-citizens living in the country.
  4. Investigation and inquiry offenses under various general and special enactments.
  5. Escorting arrangements wherever required.

PROBLEMS FACED BY POLICE FORCE

There are some problems generally faces by the police force. They are-

  1. Lack of public cooperation and support to over-exercise of discretionary powers, by police in dealing with criminal cases.
  2. Adoption of third-degree torture methods, besides torture and arrest of innocent citizens on the one hand and the threats to complainants and witnesses from criminals on the other.
  3. Lack of supportive relationships between the members of the society and police officers.
  4. Lack of updated skills and congenial working conditions.
  5. Lack of encouragement and due recognition to police personnel who are committed to enforce the law and protect the order.
  6. Inhumane treatment of subordinate officials by superior officials.
  7. Coercion and undue influence from political or higher authorities.

ROLE OF POLICE FORCE IN ADMINISTRATION OF CRIMINAL JUSTICE SYSTEM

In the administration of the criminal justice system, the police force plays an important role. They are responsible for the maintenance of peace and enforcement of law and order in the country in the required spirit and letter and by raising to the occasion. Their primary duty is to ensure safeguard the lives and properties of common people and also to protect them from violence, intimidation, oppression, and deprivation of life, property, and reputation and make people live in an ordinary manner, amidst peace and happiness.

JUDICIAL OPINIONS ON POLICE FORCE

A review of the criminal cases dealt with the Indian higher judiciary reveals painful observations made by the Hon’ble Judges towards the police. Justice A.M Mulla, before his becoming a Member of Parliament had said to have observed that ‘police force is the largest single lawless group and that crimes in India could be reduced to half of the police are disbanded’.

The following are some of the important suggestions drawn based on various landmark judgments of the Indian Higher Judiciary system for the improvement of police-public relations.

  1. Police should remember they are meant to help the public not to harass them.
  2. Police must follow absolute impartiality in their day-to-day work without being influenced by political parties.
  3. The use of police force should be minimized to the barest needs of situations to be handled so that the public voluntarily extend their participation to help the police.
  4. Police personnel who were found guilty of illegal torture on innocent persons should suo motu be sternly punished.
  5. The old Police Acts 1861 should be replaced with the new Police Act, 2006.

[The author, Upasana Borah is a 4th Year law student at NEF LAW COLLEGE, ASSAM affiliated to Gauhati University]

Disclaimer: This article is an original submission of the Author. Niti Manthan does not hold any liability arising out of this article. Kindly refer to our Terms of use or write to us in case of any concerns.


REFERENCES

  • Jurisprudence (Legal Theory) by Prof. Nomita Aggarwal.
  • The Criminal JUSTICE System by H.R Bharadwaj.

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