INTRODUCTION

My heroes are those who risk their lives every day to protect our world and
make it a better place police, firefighters and members of our armed
forces.

Sidney Sheldon1

Police is the creation of the society and a part and parcel of the society. It is
one of the most ubiquitous organisation of the society. The policemen, therefore,
happen to be the most visible representatives of the government. In an hour of need,
danger, crisis and difficulty, when a citizen does not know, what to do and whom to
approach, the police station and a policeman happen to be the most appropriate and
approachable unit and person for him. The police are expected to be the most
accessible, interactive and dynamic organisation of any society. Their roles, functions
and duties in the society are natural to be varied, and multifarious on the one hand;
and complicated, knotty and complex on the other. Broadly speaking the twin roles,
which the police are expected to play in a society are maintenance of law and
maintenance of order.

POLICE

The word 'police' is derived from the Greek word, politeia which means
'government'. It refers to that segment of government, which deals with the protection
of life and property, preservation of public tranquility and maintenance of order, and
the prevention and control of crime. Among the various agencies of government,
police is the most visible community agency and is often in the 'limelight' of
community scrutiny and evaluation.2

1 Inspirational Quotes And Quotations About Life In The Law Enforcement

Profession, (May 5, 2015, 05.OO PM) http://www.successdegrees.com/inspirational-
quotes-and-quotations-on-law-enforce ment.html.
2 CHAPTER-l POLICE: A HISTORICAL PERSPECTIVE, (May 5, 2015, 09.40 PM)
http://shodh ganga.inflibnet.ac.in/bitstream/10603/6263/5/05_chapter%201.pdf

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 Originally, the word 'police' was used in a wider sense to connote the
management of internal economy and the enforcement of governmental regulation in
a particular country. With the passage of time, the term began to be used in a restricted
sense to mean an agent of the State to maintain law and order situation and to enforce
the orders of criminal court.3

Different-different dictionaries define the term police differently. Some of

these are:

Police is a body of government employees trained in methods of law

enforcement and crime prevention and detection and authorized to maintain the peace,
safety, and order of the community.4

Police is an organized civil force for maintaining order, preventing and

detecting crime, and enforcing the laws.5

Police is an official organization that is responsible for protecting people and

property, making people obey the law, finding out about and solving crime, and
catching people who have committed a crime.6

Police is a constituted body of persons empowered by the state to enforce the law,
protect property, and limit civil disorder.7

ENFORCEMENT OF LAW & ORDER IN INDIA

3 Supra note 1.
4Law-enforcement agency (May 5, 2015, .4:15 PM)
http://www.thefreedictionary.com/Law-enforcement+agency.
5 Police, (May 5, 2015, .4:15 PM), http://dictionary.reference.com/browse/police.
6 Police, (May 5, 2015, .4:16 PM),
http://dictionary.cambridge.org/dictionary/british/police.
7 Police, (May 5, 2015, .4:17 PM), http://en.wikipedia.org/wiki/Police.

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Law enforcement in India is performed by numerous law enforcement agencies. Like
many federal nations, the nature of the Constitution of India mandates law and order
as a subject of the state, therefore the bulk of the policing lies with the respective
states and territories of India. These agencies can be divided into four categories:

1. Federal law enforcement agencies of India

2. Metropolitan law enforcement agencies of India

3. Specialist law enforcement agencies of India

4. State law enforcement agencies of India

At the central level, the many agencies are part of the Union Ministry of
Home Affairs, and support the states in their duties. Larger cities also operate
metropolitan police forces, under respective state governments. All senior police
officers in the state police forces, as well as those in the federal agencies, are
members of the Indian Police Service (IPS).

CENTRAL AGENCIES

The central agencies are controlled by the Central Government of India.

The majority of federal law enforcement agencies are controlled by the Ministry of
Home Affairs. The head of each of the central law enforcement agencies is always
an Indian Police Service (IPS). The Constitution assigns responsibility for
maintaining law and order to the states and territories, and almost all routine policing
including apprehension of criminalsis carried out by state-level police forces.
The constitution also permits the central government to participate in police
operations and organisation by authorising the creation of Indian Police Service.
Central police forces can assist the state's police force, but only if so requested by the
state governments.8

8 Law Enforcement in India (May 5, 2015 4:35 P.M.) http://en.wikipedia.org/

wiki/Law_en-forcement _in_India.

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 STATE POLICE

Each state and union territory of India has a state police force, headed by
the Commissioner of Police (State) or Director General of Police (DGP). Each state is
controlled by the Chief Minister and Home Minister. The state police are responsible
for maintaining law and order in townships of the state and the rural areas. The Police
Act of 1861 established the fundamental principles of organisation for police forces in
India, and, with minor modifications, continues in effect. Consequently, although
state-level police forces are separate and may differ in terms of the quality of
equipment and resources, their patterns of organisation and operation are markedly
similar. A Director-General or Inspector General, answerable to the home secretary of
the state, heads each state, union territory, or national capital territory police force.
Under the Inspector General are a number of police "ranges" composed of three to six
districts, headed by Deputy Inspectors General. District police headquarters are
commanded by Superintendents. District Superintendents have wide discretionary
powers and are responsible for overseeing subordinate police stations as well as
specialty elements, such as criminal investigation detachments, equipment
storehouses and armouries, and traffic police. Many large districts also have several
assistant district superintendents. Since the late 1980s, women have entered in larger
numbers into the higher echelons of the Indian police, mostly through the Indian
Police Service system. Women police officers were first used in 1972 and a number of
women hold key positions in various state police organisations. However, their
absolute numbers, regardless of rank, are small. Uniformed and undercover women
police officers have been deployed in New Delhi as the Anti-Eve Teasing Squad,
which combats sexual harassment against women ("Eves"). Several women-only
police stations have also been established in Tamil Nadu to handle sex crimes against
women.9In addition to the state police, major Indian cities have their own police
forces which follow the Police Commissionerate System like Barrack pore Police
Commissionerate in Kolkata. The Chief of Metropolitan Police is the Police

9 Ibid.

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Commissioner. Reporting to the Police Commissioner are the Joint Police
Commissioner, Deputy Commissioner of Police and Police. The majority of
metropolitan police forces are subordinate to the state government. The exceptions are
the Delhi Police, which as part of the Union Territory Cadre are directly under the
federal Ministry of Home Affairs. All other metropolitan forces report to their
respective state governments.10

The advent of Indian independence transformed the political system, but the
police system retained its colonial underpinnings. The Police Act of 1861 was not
replaced. Political control over the police remained intact. The Police Act, 1861
remains the central piece of legislation that governs all aspects of policing in India.
Much of police work is also administered by the Indian Penal Code (IPC), the Code
of Criminal Procedure and the Indian Evidence Act 1872. The Police Act, 1861 Act
was established directly after the Indian Mutiny of 1857. The experience of such
firm resistance led the colonial rulers to impose a regime police force upon their
subjects, which could be used solely to consolidate and perpetuate their rule in the
country. In fact, the 1861 Act instituted a police system designed to be absolutely
subservient to the executive and highly authoritarian. The managerial philosophy of
the police hierarchy was based on distrust of the lower ranks.

FUNCTIONS OF THE POLICE

The primary function of the police is Prevention of Crime and Maintenance

of Law and Order. Apart from these primary functions, the police also perform
various other functions. These are:

a) to uphold and enforce the law impartially, and to protect life, liberty,
property, human rights, and dignity of the members of the public;

b) to promote and preserve public order;

10 Ibid.

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c) to protect internal security, to prevent and control terrorist activities,
breaches of communal harmony, militant activities and other
situations affecting Internal Security;

d) to protect public properties including roads, railways, bridges, vital

installations and establishments etc. against acts of vandalism,
violence or any kind of attack;

e) to prevent crimes, and reduce the opportunities for the commission of

crimes through their own preventive action and measures as well as by
aiding and co-operating with other relevant agencies in implementing
due measures for prevention of crimes;

f) to accurately register all complaints brought to them by a complainant

or his representative, in person or received by post, e-mail or other
means, and take prompt follow-up action thereon, after duly
acknowledging the receipt of the complaint;

g) to register and investigate all cognizable offences coming to their

notice through such complaints or otherwise, duly supplying a copy of
the First Information Report to the complainant, and where
appropriate, to apprehend offenders, and extend requisite assistance in
the prosecution of offenders;

h) to create and maintain a feeling of security in the community, and as

far as possible prevent conflicts and promote amity;

i) to provide, as first responders, all possible help to people in situations

arising out of natural or man-made disasters, and to provide active
assistance to other agencies in relief and rehabilitation measures;

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 j) to aid individual, who are in danger of physical harm to their person
or property, and to provide necessary help and afford relief to people
in distress situations;

k) to facilitate orderly movement of people and vehicles, and to control

and regulate traffic on roads and highways;

l) to collect intelligence relating to matters affecting public peace, and

all kind of crimes including social offences, communalism,
extremism, terrorism and other matters relating to national security,
and disseminate the same to all concerned agencies, besides acting, as
appropriate on it themselves;

m) To take charge, as a police officer on duty, of all unclaimed property

and take action for their safe custody and disposal in accordance with
the procedure prescribed.

POWERS OF POLICE

The police have primary function of maintaining law and order in society.
Therefore, numerous powers are given to the police under the Code of Criminal
Procedure, 1973 include preventive arrests, security proceedings, removal of public
nuisances, prohibitory orders and also deal with disputes that threaten peace. The
powers are meant to provide a sense of safety, security and confidence in all sections
of society.

Powers relating to Arrest: Chapter five of the Code of Criminal Procedure,

1973 deals with the arrest of persons. Section 41 provides for situations where
a Police officer may arrest without warrant:

(a) who commits, in the presence of a police officer, a cognizable offence;

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(b) against whom a reasonable complaint has been made, or credible
information has been received, or a reasonable suspicion exists that he
has committed a cognizable offence punishable with imprisonment for
a term which may be less than seven years or which may extend to
seven years whether with or without fine, if the following conditions
are satisfied, namely:

(i) the police officer has reason to believe on the basis of such
complaint, information, or suspicion that such person has
committed the said offence;

(ii) the police officer is satisfied that such arrest is necessary

(a) to prevent such person from committing any further offence;

or

(b) for proper investigation of the offence; or

(c) to prevent such person from causing the evidence of the

offence to disappear or tampering with such evidence in any
manner; or

(d) to prevent such person from making any inducement, threat or

promise to any person acquainted with the facts of the case so
as to dissuade him from disclosing such facts to the Court or to
the police officer; or

(e) as unless such person is arrested, his presence in the Court

whenever required cannot be ensured; and the police officer
shall record while making such arrest, his reasons in writing.

(ba) against whom credible information has been received that he has
committed a cognizable offence punishable with imprisonment for a

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 term which may extend to more than seven years whether with or
without fine or with death sentence and the police officer has reason to
believe on the basis of that information that such person has committed
the said offence;;

(2) Subject to the provisions of section 42, no person concerned in anon-

cognizable offence or against whom a complaint has been made or
credible information has been received or reasonable suspicion exists
of his having so concerned, shall be arrested except under a warrant or
order of a Magistrate.

Section 46 sets out the manner in which the arrest should be made and section
47 enables the police officer to enter a place if he has reason to believe that the person
to be arrested has entered into that place or is within that place. Section 48 empowers
the police officers to pursue the offenders into any place in India beyond their
jurisdiction. Section 49 however provides that the person arrested shall not be
subjected to more restraint than is necessary to prevent his escape.

Apart from Section 41, a wider power of arrest under section 151 of the
Code of Criminal Procedure, 1973 has been added. This provision is a preventive
provision in the Code of Criminal Procedure which empower the police to arrest
persons. Section 151 empowers a police officer to arrest any person, without orders
from a Magistrate and without warrant, if it appears to such officer that such person
is designing to commit a cognizable offence and that the commission of offence
cannot be prevented otherwise. We do not think it necessary to emphasis the width of
the power. It may be true that the satisfaction of the police officer contemplated by the
expression if it appears to such officer is not subjective but is objective but in India,
police officers making a wrongful arrest whether under section 41 or 151, are seldom
proceeded against much less punished.

Section 129 of the Code of Criminal Procedure Code empowers any SHO or
police officer not below the rank of SI to command any unlawful assembly to

9
 disperse, and if it does not disperse, to use such force as may be necessary and
also effect arrest. The powers conferred on the Police under this provision are
both preventive and punitive.

EXECUTIONOF LAW & ORDER UNDER THE POLICE ACT, 1861

1. Section 12 provides that the Inspector-General of Police may, from time to time,
subject to the approval of the State Government, frame such orders and rules as he
shall deem expedient relative to the organization, classification and distribution of
the police-force, the places at which the members of the force shall reside, and the
particular services to be formed by them; their inspection, the description of arms,
accoutrements and other necessaries to be furnished to them; the collecting and
communicating by them of intelligence and information, and all such other orders
and rules relative to the police-force as the Inspector-General shall, from lime to
lime, deem expedient for preventing abuse or neglect of duty, and for rendering
such force efficient in the discharge of its duties.

2. Section 13 provides that on the application of any person showing the necessity
thereof, the superintendent may employ or depute any additional number of
police-officers to keep the peace at a specified place, at the charge of the
applicant.

3. Section 14 provides that the Inspector-General may, with the consent of the State
Government, employ or depute an additional force in the neighborhood of any
railway, canal or other public work, or any manufactory or commercial concern at
the charge of the person having the control or custody of the funds used in
carrying on such work, etc.

4. Section 17 provides that when it shall appear that any unlawful assembly or riot or
disturbance of the peace has taken place, or may be reasonably apprehended, and
that the police force ordinarily employed for preventing the peace is not sufficient
for its prevention and for the protection of the inhabitants and the security of

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 property in the place where such unlawful assembly or riot or disturbance of the
peace has occurred, or is apprehended, it shall be lawful for any police-officer, not
below the rank of Inspector, to apply to the nearest Magistrate, to appoint so many
of the residents of the neighborhood as such police-officer may require, to act as
special police-officers for such time and within such limits as he shall deem
necessary, and the Magistrate to whom such application is made shall, unless he
sees cause to the contrary, comply with the application.

5. Section 22 provides that every police-officer shall, for all purposes in this Act
contained; he considered to be always on duty, and may, at any time, he employed
as a police-officer in any part of the general police-district. Section 23 provides
that 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. Moreover it shall be lawful for any
police-officer to lay any information before a Magistrate and to apply for a
summon, warrant, search warrant or such other legal process as may, by law, be
issued against any person committing an offence. A duty is cast on every police-
officer :

(i) to take charge of all unclaimed property; .

(ii) to furnish an inventory of such property to the Magistrate of the district; and

(iii) to dispose of the property in accordance with the Magistrates order.

6. Section 30:

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 (l) The District Superintendent or Assistant District Superintendent of Police
may, as occasion required, direct the conduct of all assemblies and
processions on the public roads, or in the public streets or thoroughfares,
and prescribe the routes by which, and the times at which, such
processions may pass.

(2) He may also, on being satisfied that it is intended by any persons or class
of persons to convene or collect an assembly in any such road, street or
thoroughfare, or to form a procession which would, in the judgment of the
Magistrate of the district, or of the sub-division of a district, if
uncontrolled, be likely to cause a breach of the peace, require by general or
special notice that the persons convening or collecting such assembly or
directing or promoting such procession shall apply for a license.

(3) On such application being made, he may issue a license, specifying the
names of the licensees and defining the conditions on which alone such
assembly or such procession is to be permitted to take place, and otherwise
giving effect to this section: Provided that no fee shall be charged on the
application for, or grant of any such license.

(4) Music in the streets: - He may also regulate the extent to which music
maybe used in streets on the occasion of festivals and ceremonies.

7. Section 3OA:

(l) Any Magistrate or District Superintendent of Police or Assistant District

Superintendent of Police or Inspector of Police or any police-officer in
charge of a station may stop any procession which violates the conditions
of a license granted under the last foregoing section, and may order it or
any assembly, which violates any such conditions, as aforesaid, to
disperse.

(2) Any procession or assembly, which neglects or refuses to obey any order

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 given under the last preceding sub-section, shall be deemed to be an
unlawful assembly.

8. Section 38:

Any person who, on any road or in any open place or street or thoroughfare
within the limits of any town to which this section shall be specially extended by the
State Government, commits any of the following offences, to the obstruction,
inconvenience, annoyance, risk, danger of damage of the residents or passengers
shall, on conviction before a Magistrate, be liable to a fine not exceeding fifty rupees,
or to imprisonment with or without hard labour not exceeding eight days; and it shall
be lawful for any police officer to take into custody; without a warrant, any person
who, within his view, commits any of such offences namely :-

1. Slaughtering cattle, Curious riding, etc: - Any person who slaughters any
cattle or cleans any carcass; any person who rides or drives any cattle recklessly
or furiously, or trains or breaks any horse or other cattle;

2. Cruelty to animal: Any person who wantonly or cruelly beats, abuses or

tortures any animal;

3. Obstructing passengers: Any person who keeps any cattle or conveyance of

any kind standing longer, than is required, for loading or unloading or for taking
up or setting down passengers, or who leaves any conveyance in such a manner
as to cause inconvenience or danger to the public;

4. Exposing goods for sale: Any person who exposes any goods for sale;

5. Throwing dirt into street: Any person who throws or lays down any dirt, filth,
rubbish or any stones or building materials, or who constructs any cowshed,
stable or the like or who causes any offensive matter to run from any house,
factory, dung-heap or the like ;

6. Being found drunk or riotous: Any person who is found drunk or riotous or

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 who is incapable of taking care of him;

7. Indecent exposure of person: Any person who willfully and indecently

exposes his person, or any offensive deformity or disease, or commits nuisance
by easing himself, or by bathing or washing in any tank or reservoir, not being a
place set apart for the purpose ;

8. Neglect to protect dangerous places: Any person who neglects to fence in or

duly to protect any well, tank or other dangerous place or structure.

In addition to this, when any action of prosecution shall be brought or any

proceedings held against any police-officer for any act done by him in such capacity,
it shall be lawful for him to plead that such act was done by him under the authority of
a warrant issued by a Magistrate. Such plea shall be proved by the production of the
warrant directing the act, and purporting to be signed by such Magistrate and the
defendant shall, thereupon, be entitled to a decree in his favor, notwithstanding any
defect of jurisdiction in such Magistrate. No proof of the signature of such Magistrate
shall be necessary, unless the Court shall see reason to doubt its being genuine.

SEPARATE INVESTIGATION WING IN PUNJAB11

Recently the state of Punjab separated investigation functions from law and
order duties and established a separate unit of investigation which is known as the
Bureau of Investigation (BoI) with the object of bringing all investigation staff from
different units under a unified command. The move has been initiated by the state
government as part of the police reforms and also to speed up tardy investigations
across the state.

11Punjab Police gets separate wing to speed up investigations, Hindustan Times dated
Mar 04, 2015 (May 5, 2015, 05:30 PM )
http://www.hindustantimes.com/chandigarh/investigation-law-and-order-duties-to-be-
separate-in-punjab/article1-1323070.aspx.

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Key features of Bureau of Investigation:

Bureau of Investigation, with 7,772 personnel on its rolls initially, to bring all
investigation staff from different units under unified command

Separate staff earmarked for investigations at three levels -- police station,

district/commissionerate concerned and headquarters

New wing to ensure professional and time-bound investigations.

CONCLUSIONS AND SUGGESTIONS

The police play a vital role in the maintenance of law and order. It is high time
to think the reasons which causes hurdle to the police in performing their duties and
of curing the existing discrepancies in the police department and thereby ensure the
enforcement and execution of law and order effectively.

There are various reasons which are responsible for poor enforcement of the
law and order by the police. These are:

1. Political Inferences/ Pressure: The police perform their duties under various
pressures and political is among of them. Pressure was exerted in the
following areas: (1) hiring officers; (2) promoting or demoting officers; (3)
arresting offenders or enforcing specific laws; (4) making unnecessary
changes in personnel assignments, such as transfers to and from specialized
units. The current instance is Moga molestation case where the police official
refused to register the F.I.R. despite of the guidelines of the Honble Supreme
Court regarding the registration of F.I.R. in numerous cases.

2. Lack of Proper Training: In India, there is lack of the specialized trainings

workshops and programmes.

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 3. Corruption: Majority of the superior police officers are tempted to be
corrupted. These officials create problems for their sub-ordinates and
pressurize them to follow their illegal commands.

4. Shortage of staff: Shortage of manpower at police stations leads to long duty

hours and stress. It affects the quality of work of the police system after all
they are also human being.

5. Lack of Superintendence: Law provides various wide discretionary powers

to the police to meet with any situation or contingencies. Despite of knowing,
there are various instances where the police officials misused their powers.

Therefore, there is needed to make amendments in police laws as well as

to take effective steps with the purpose of making role of police in execution of law
and order more effectively. These may be as follows:

1. Specialised Training: Specialised and adequate training be given Police

personal so that they may perform their duties honestly, sincerely and
effectively.

2. Prevention and Protection from Political Inference: In this regard, Justice

Lord Denning has rightly observed that it is the duty of the Commissioner of
Police and every chief constable to enforce the law of the land. He is
answerable to the law of the land and to the law alone.12

3. Public Co-operation: We cannot expect the police to change when the society
itself is chained to a set of deep-rooted beliefs and prejudices. They will reflect
the culture and attitudes of the society from which they emerged. It is duty of
every person to give accurate information to police and help them in
performing their duties because the ultimately beneficiary will be a society.

12 R. v. Metropolian Police Commissioner Exparte Black Burn's case, (1968) 2 QB

118.

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4. Amendment in Police Law: The Police Act 1861 should be reviewed time to
time and necessary amendment should be carried in due time.

5. To Eliminate Corruption: A distinct and effective anti-corruption law should

be enacted for police so that the bribery and all corruption activities amy be
eliminated from the police practices.

6. Adequate Manpower: There should be adequate no. of police official at all

police stations so that they can perform their role in society effectively in any
circumstances.

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BIBLIOGRAPHY

1. Bare Act

The Code of Criminal Procedure

The Police Act.

2. Newspaper

Hindustan Times

3. Websites

http://en.wikipedia.org

http://www.successdegrees.com

http://shodh ganga.inflibnet.ac.in

http://dictionary.reference.com

http://dictionary.cambridge.org/

http://www.hindustantimes.com

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