Police Reform in India: A Study
Police Reform in India: A Study
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CONTENT
Sr
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C Pageno.
1 I
NTRODUCTI
ON 3.-4
2 I
SSUERELATI
NGTOFUNCTI
ONI
NGOFPOLI
CE 4-
6
3 RESPONSI
BILI
TYOFCENTREANDSTATE 7-
8
4 OVERVI
EW OFPOLI
CEORGANI
ZATI
ONANDFUNCTI
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NG 8-
13
5 SOMEI
SSUES
14-
20
6 ANNEXURE 21-
23
7 TABLERELATI
NGTOEXPENDI
TUREONPOLI
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25
3
I
NTRODUCTI
ON
4
5
6
7
Box 1: Overview of crime in India
In 2015, National Crime Records Bureau recorded over 73 lakh complaints of cognizable crimes.
Cognizable crimes are relatively serious offences for which police officers do not need a warrant from
the magistrate to investigate, such as murder and rape. Between 2005 and 2015, crime rate (i.e., crime
per lakh population) for cognizable crimes has increased by 28% from 456 complaints per lakh persons
to 582 per lakh persons. This has been primarily because of increase in crime rates of alcohol-
prohibition crime, theft, kidnapping and abduction, crimes against women and cheating.
Crime rate for various kinds of crimes under the Indian Penal Code, 1860 and some special laws (per lakh
population)
50
40 37
40
30
30 25 25
19 16 14 17
20 11 14 11 10 9 7
6 7 5 7 6 6 6 3
10 2
0
Rape
Kidnapping &
Theft
Insulting modesty of
Gambling
Cheating
Causing death by
Grievous Hurt
Cruelty by husband/
Offences under
abduction
negligence
attempt
his relatives
women
2015 2005
Note: Crime rate for crimes against women (e.g., rape, cruelty by husband or his relatives, insulting modesty of a woman) is calculated per
lakh population of women.
Sources: National Crime Records Bureau; PRS.
3
Figure 2: Hierarchy of state police A police district is an area declared so by the state
government. It is considered the most important supervisory
and functional unit of police administration because the
officer in charge of the district (i.e. Superintendent of Police
or SP) has operational independence in matters relating to
internal management of the force and carrying out of law
and order duties.7
A police station (typically headed by an Inspector or Sub-
Inspector) is the basic unit of police functioning. It is
engaged with: (i) registration of crimes, (ii) local patrolling,
(iii) investigations, (iv) handling of various law and order
situations (e.g., demonstrations and strikes), (v) intelligence
collection, and (vi) ensuring safety and security in its
jurisdiction. A police station may have several police
outposts for patrolling and surveillance. Generally, the state
government in consultation with the head of the state police
force (i.e. Director General of Police or DGP) may create as
many police stations with police outposts in a district as
necessary, in line with the population of the district, the area,
the crime situation and the work load.
As of January 2016, the sanctioned strength of the state
police forces stood at 22,80,691.8 Note that the bulk of this
force was the constabulary (i.e. 86% are head constables and
constables), 13% belonged to the upper subordinate ranks
(i.e. Inspector to Assistant Sub-Inspector), and 1% to the
officers’ ranks (DGP to the Deputy SP). Over the last six
decades, the overall strength of the state forces has increased
substantially. As Figure 3 shows, police strength rose from
130 per lakh population to 141 per lakh population between
1951 and 2001, at an average growth rate of 2% per decade.
This further increased by 21% to 171 per lakh population
between 2001 and 2011.
Figure 3: Increase in strength of state police forces (1951-2011)
0 -
1951 1961 1971 1981 1991 2001 2011
Sources: Bureau of Police Research and Development;
Commonwealth Human Rights Initiative; PRS.
Note: Police per lakh population has been calculated using data for
strength of police and population for the respective years.
Sources: Commonwealth Human Rights Initiative; Census of India; PRS.
4
Superintendence of the executive
The state government exercises control and superintendence over the state police forces.9 At the district
level, the District Magistrate (DM) may also give directions to the SP and supervise police
administration.10 This is called the dual system of control (as authority is vested in both the DM and SP)
at the district level.
In some metropolitan cities and urban areas, however, the dual system has been replaced by the
Commissionerate system to allow for quicker decision-making in response to complex law and order
situations. As of January 2016, 53 cities had this system such as Delhi, Ahmedabad and Kochi.8
Table 1: Differences between the dual system of control and the commissionerate system
Dual system Commissionerate system (53 cities)
Dual command structure over the district police means that Unified command structure with the Commissioner of Police
control and direction over the police vests with the SP (head of (rank of the Deputy Inspector General or above) as the sole
district police) and the District Magistrate (executive). head of the force within the city. Allows for quicker responses
to law and order situations.
Separation of powers of the DM (e.g., issues arrest warrants Powers of policing and magistracy concentrated in
and licenses) and the police (e.g., investigate crimes and Commissioner. Directly accountable to state government and
make arrests). Therefore, less concentration of power in the state police chief. Lesser accountability to the local
police, and accountability to DM at the district level. administration.
SP is assisted by Additional/Assistant/ Deputy SPs, Inspectors Commissioner is assisted by Special/ Joint/ Additional/ Deputy
and constabulary. Commissioners, etc. Inspector downwards rank structure is
the same.
Sources: Bureau of Police Research and Development; PRS.
15-16
14-15
2009-10).
Note: Includes expenditure on union territories.
Sources: Bureau of Police Research and Organisation; PRS.
5
Table 2: State-wise expenditure on police (as % state budget)
Below 2% 2%-5% Above 5%
% of State % of State % of State
Name Name Name
Budget Budget Budget
Odisha 1.1% Andhra Pradesh 2.1% Jammu & Kashmir 5.2%
Gujarat 1.7% Kerala 2.2% Punjab 5.8%
Karnataka 1.8% Uttarakhand 2.7% Nagaland 7.2%
Himachal Pradesh 1.9% Chhattisgarh 2.7% Manipur 8.7%
Telangana 1.9% Assam 2.8%
Madhya Pradesh 1.9% Rajasthan 2.9%
Maharashtra 3.0%
Haryana 3.1%
Tamil Nadu 3.1%
West Bengal 3.4%
Uttar Pradesh 3.4%
Bihar 4.0%
Meghalaya 4.2%
Sikkim 4.8%
Mizoram 4.8%
Tripura 4.9%
Note: Data for union territories has not been included.
Sources: Bureau of Police Research and Development; PRS.
6
Note that the border-guarding forces are occasionally deployed for counter-insurgency operations and
internal security duties as well.
Figure 5: Sanctioned strength of central forces in 2016, compared with strength in 2006
3,50,000
2016 2006
3,00,000
2,50,000
2,00,000
1,50,000
1,00,000
50,000
-
CRPF BSF CISF SSB ITBP AR NSG*
The total sanctioned strength of the seven central police forces is about 9.7 lakh personnel.8 Of these, the
largest forces are the CRPF (3 lakh personnel), the BSF (2.6 lakh) and the CISF (1.4 lakh). As seen in
Figure 5, the sanctioned strength of the central police forces (excluding the NSG, data for which was
unavailable) has increased by 37% over the last decade (2006-2016). The ITBP (146% increase) and the
SSB (100% increase) have experienced the maximum increase in this period.
Expenditure on the central forces has also been increasing at an average annual rate of 15% over the years
(2005-06 to 2015-16). In 2015-16, the centre spent Rs 43,870 crores on the central forces, with the
maximum share going to the three largest forces (CRPF: 33%, BSF: 26% and CISF: 13%).8
The centre also maintains several police organisations.14 Key organisations include:
Intelligence Bureau (IB): The IB is the central intelligence agency for all matters related to internal
security, including espionage, insurgency and terrorism.
Central Bureau of Investigation (CBI): The CBI is an investigating agency set up under the Delhi Special
Police Establishment Act, 1946. It is responsible for investigating serious crimes having all India or
inter-state ramifications, such as those related to corruption, financial scams and serious fraud and
organised crime (e.g., black marketing and profiteering in essential commodities). Typically, the CBI
takes up an investigation: (i) on the order of the central government with the consent of state government,
and (ii) on the order of the Supreme Court and High Courts.15
National Investigation Agency (NIA): The NIA is an investigating agency set up under the National
Investigation Agency Act, 2008. It is responsible for investigating offences against the sovereignty,
security and integrity of the country punishable under eight specified laws, such as the Unlawful
Activities (Prevention) Act, 1967 and the Anti-Hijacking Act, 1982. NIA takes up an investigation on the
order of the central government, either on the request of a state government or suo moto (i.e. on the
central government’s own authority).16
National Crime Records Bureau (NCRB): The NCRB is an institution that collects and maintains records
on crime across the country. It coordinates and disseminates this information to various states,
investigating agencies, courts and prosecutors. It also functions as the national storehouse for fingerprint
records of convicted persons.
7
Bureau of Police Research and Development (BPRD): The BPRD was set up with the mandate to
identify the needs and problems of the police forces in the country. Its responsibilities include: (i)
promoting use of science and technology in police work, (ii) monitoring and assisting with the training
needs of police forces, (iii) assisting state police forces with modernization, and (iv) assisting the centre in
developing quality standards with respect to police equipment and infrastructure.
Training Academies: Two key national training academies that come under the central government are
the Sardar Vallabhbhai Patel National Police Academy and the North Eastern Police Academy. The
Sardar Vallabhbhai Patel National Police Academy in Hyderabad is responsible for conducting training
courses for IPS officers, and for trainers of various police training institutions in the country. The North
Eastern Police Academy in Meghalaya is responsible for training police personnel of the north east states.
SOME ISSUES
Figure 6: Expert bodies that have examined police reforms
Source: PRS.
Various expert bodies have examined issues with police organisation and functioning over the last few
decades.17 In this section, we discuss some of these issues.
Police accountability
Police forces have the authority to exercise force to enforce laws and maintain law and order in a state.
However, this power may be misused in several ways. For example, in India, various kinds of complaints
are made against the police including complaints of unwarranted arrests, unlawful searches, torture and
custodial rapes.3,18,19 To check against such abuse of power, various countries have adopted safeguards,
such as accountability of the police to the political executive, internal accountability to senior police
officers, and independent police oversight authorities.20
Accountability to the political executive vs operational freedom
Both the central and state police forces come under the control and superintendence of the political
executive (i.e., central or state government).9,21 The Second Administrative Reforms Commission (2007)
has noted that this control has been abused in the past by the political executive to unduly influence police
personnel, and have them serve personal or political interests.22 This interferes with professional
decision-making by the police (e.g., regarding how to respond to law and order situations or how to
conduct investigations), resulting in biased performance of duties.20
To allow the police greater operational freedom while ensuring accountability, various experts have
recommended that the political executive’s power of superintendence over police forces be limited.23 The
Second Administrative Reforms Commission has recommended that this power be limited to promoting
professional efficiency and ensuring that police is acting in accordance with law.22 Alternatively the
National Police Commission (1977-81) suggested that superintendence be defined in the law to exclude
instructions that interfere with due process of law, or that influence operational decisions, or that
unlawfully influence police personnel transfers, recruitments, etc.24 The Supreme Court has also issued
directions to states and the centre in 2006 in this regard.25
8
Directions of the Supreme Court in Prakash Singh vs Union of India
In 1996, a petition was filed before the Supreme Court that raised various instances of abuse of power
by the police, and alleged that police personnel perform their duties in a politically partisan manner.
The Supreme Court issued its judgement in 2006, ordering the centre and states to set up authorities to
lay down guidelines for police functioning, evaluate police performance, decide postings and transfers,
and receive complaints of police misconduct. The court also required that minimum tenure of service
be guaranteed to key police officers to protect them from arbitrary transfers and postings.
A summary of the Supreme Court judgement and its implementation are provided in the Annexure.
Sources: Unstarred Question No. 1975, Rajya Sabha, December 16, 2015; Unstarred Question 2420, Lok Sabha, August 4, 2015; Prakash
Singh vs Union of India; PRS.26
9
directions.31 For example, district level authorities in Bihar and Gujarat only have government and police
officials.31 Further, in many states complaints authorities do not have the power to issue binding
recommendations.31
Vacancies and an overburdened force
Currently there are significant vacancies within the state police forces and some of the central armed
police forces. As of January 2016, the total sanctioned strength of state police forces across India was
22,80,691, with 24% vacancies (i.e. 5,49,025 vacancies).8 Vacancies have been around 24%-25% in state
police forces since 2009.32 States with the highest vacancies in 2016 were Uttar Pradesh (50%), Karnataka
(36%), West Bengal (33%), Gujarat (32%) and Haryana (31%) (see Table 5 in the Annexure).
In the same year, the total sanctioned strength of the seven central police forces was 9,68,233.8 7% of
these posts (i.e. 63,556 posts) were however lying vacant. Sashastra Seema Bal (18%), Central Industrial
Security Force (10%), Indo-Tibetan Border Police (9%) and National Security Guards (8%) had relatively
high vacancies. Vacancies in the central police forces have been in the range of 6%-14% since 2007.32
Table 3: Strength and vacancies in central armed police forces (as on January 1, 2016)
Sanctioned Strength Actual Vacancies % Vacancies
Central Reserve Police Force 3,08,862 2,94,496 14,366 5%
Border Security Force 2,56,831 2,48,811 8,020 3%
Central Industrial Security Force 1,42,250 1,27,638 14,612 10%
Sashastra Seema Bal 94,065 76,768 17,297 18%
Indo-Tibetan Border Police 89,430 81,814 7,616 9%
Assam Rifles 66,411 65,647 764 1%
National Security Guards 10,384 9,503 881 8%
All India 9,68,233 9,04,677 63,556 7%
Sources: Data on Police Organisations 2016, Bureau of Police Research and Development; PRS.
A high percentage of vacancies within the police forces exacerbates an existing problem of overburdened
police personnel. Police personnel discharge a range of functions related to: (i) crime prevention and
response (e.g., intelligence collection, patrolling, investigation, production of witnesses in courts), (ii)
maintenance of internal security and law and order (e.g., crowd control, riot control, anti-terrorist or anti-
extremist operations), and (iii) various miscellaneous duties (e.g., traffic management, disaster rescue and
removal of encroachments).22 Each police officer is also responsible for a large segment of people, given
India’s low police strength per lakh population as compared to international standards. While the United
Nations recommended standard is 222 police per lakh persons, India’s sanctioned strength is 181 police
per lakh persons.8,33 After adjusting for vacancies, the actual police strength in India is at 137 police per
lakh persons. Therefore, an average policeman ends up having an enormous workload and long working
hours, which negatively affects his efficiency and performance.7,33
The Second Administrative Reforms Commission has recommended that one way to reduce the burden of
the police forces could be to outsource or redistribute some non-core police functions (such as traffic
management, disaster rescue and relief, and issuing of court summons) to government departments or
private agencies.22 These functions do not require any special knowledge of policing, and therefore may
be performed by other agencies. This will also allow the police forces to give more time and energy to
their core policing functions.
Constabulary related issues
Qualifications and training: The constabulary constitutes 86% of the state police forces. A constable’s
responsibilities are wide-ranging, and are not limited to basic tasks. For example, a constable is expected
to exercise his own judgement in tasks like intelligence gathering, and surveillance work, and report to his
superior officers regarding significant developments. He assists with investigations, and is also the first
point of contact for the public. Therefore, a constable is expected to have some analytical and decision-
making capabilities, and the ability to deal with people with tact, understanding and firmness.
10
The Padmanabhaiah Committee and the Second Administrative Reforms Commission have noted that the
entry level qualifications (i.e. completion of class 10th or 12th in many states) and training of constables do
not qualify them for their role.22 One of the recommendations made in this regard has been to raise the
qualification for entry into the civil police to class 12th or graduation.22,34 It has also been recommended
that constables, and the police force in general, should receive greater training in soft skills (such as
communication, counselling and leadership) given they need to deal with the public regularly.22
Promotions and working conditions: The Second Administrative Reforms Commission has further noted
that the promotion opportunities and working conditions of constables are poor, and need to be
improved.22 Generally a constable in India can expect only one promotion in his lifetime, and normally
retires as a head constable, which weakens his incentive to perform well. This system may be contrasted
with that in the United Kingdom, where police officers generally start as constables and progress through
each rank in order.35 Further, in India sometimes superiors employ constables as orderlies to do domestic
work, which erodes their morale and motivation, and takes them away from their core policing work. The
Commission recommended that the orderly system be abolished across states.22,36
Housing: Importance of providing housing to the constabulary (and generally to the police force) to
improve their efficiency and incentive to accept remote postings has also been emphasised by expert
bodies, such as the National Police Commission.37 This is because in remote and rural areas, private
accommodation may not be easily available on rent. Even in metropolitan areas, rents may be
prohibitively high, and adequate accommodation may not be available in the immediate vicinity of the
police stations affecting their operational efficiency.
Crime investigation
A core function of the state police forces and some central police agencies like the CBI is crime
investigation. Once a crime occurs, police officers are required to record the complaint, secure the
evidence, identify the culprit, frame the charges against him, and assist with his prosecution in court so
that a conviction may be secured. In India, crime rate has increased by 28% over the last decade, and the
nature of crimes is also becoming more complex (e.g., with emergence of various kinds of cybercrimes
and economic fraud).19 Conviction rates (convictions secured per 100 cases) however have been fairly
low. In 2015, the conviction rate for crimes recorded under the Indian Penal Code, 1860 was 47%.19 The
Law Commission has observed that one of the reasons behind this is the poor quality of investigations.38
Crime investigation requires skills and training, time and resources, and adequate forensic capabilities and
infrastructure. However, the Law Commission and the Second Administrative Reforms Commission
have noted that state police officers often neglect this responsibility because they are understaffed and
overburdened with various kinds of tasks.22,38 Further, they lack the training and the expertise required to
conduct professional investigations. They also have insufficient legal knowledge (on aspects like
admissibility of evidence) and the forensic and cyber infrastructure available to them is both inadequate
and outdated. In light of this, police forces may use force and torture to secure evidence. Further, while
crime investigations need to be fair and unbiased, in India they may be influenced by political or other
extraneous considerations. In light of these aspects, experts have recommended that states must have
their own specialized investigation units within the police force that are responsible for crime
investigation.3,39 These units should not ordinarily be diverted for other duties.
11
With regard to forensic infrastructure in the country, it may be noted that currently India has seven
Central Forensic Science Laboratories, 30 State Laboratories, 50 Regional Laboratories and 144 District
Mobile Laboratories.40 These laboratories conduct scientific analysis of ballistics, bodily fluids, computer
records, documents, explosives, fingerprints, narcotics and voice identification, among other things.41
Expert bodies have however said that these laboratories are short of funds and qualified staff.22 Further,
there is indiscriminate referencing of cases to these labs resulting in high pendency.22
Underreporting of crime in India
The National Crime Records Bureau (NCRB) under the Ministry of Home Affairs is the nodal agency
for collection and dissemination of information related to crime in India. The NCRB publishes an
annual report called Crime in India, that records crime on the basis of the FIRs registered in the police
stations across the country. It is the only official source of crime data in India, and it records among
other things crime committed state-wise and offence-wise (e.g., murder, rape, cheating, theft).
An expert committee under the Ministry of Statistics and Programme Implementation has noted that
there is significant under-reporting of crimes under the NCRB for various reasons. For example, there
could be suppression of data and low registration of crimes because the police know that their work is
judged on the basis of this information. Also, sometimes victims of crime may decide against reporting
the incident with the police because they are afraid to approach the police, or think the crime is not
serious enough, etc. Also, note that the NCRB follows the ‘principal offence rule’ for counting crime.
This means that if many offences are covered in a single registered criminal case, the NCRB will only
count the most heinous of the offences. For instance, a case of murder and rape, will only be counted
as a case of murder (i.e. principal offence) by the NCRB.
Sources: Report of the Committee on Crime Statistics, Ministry of Statistics and Programme Implementation, 2012; National Crime Records
Bureau; PRS.
Police infrastructure
Modern policing requires a strong communication support, state-of-art or modern weapons, and a high
degree of mobility. The CAG and the BPRD have noted shortcomings on several of these fronts.
Weaponry: The CAG has found that weaponry of several state police forces is outdated, and the
acquisition process of weapons slow, causing a shortage in arms and ammunition.42 An audit of the
Rajasthan police force (2009 to 2014) concluded that there was a shortage of 75% in the availability of
modern weapons against the state’s own specified requirements.43 The same audit also found that even
when weapons were procured, a large proportion of them (59%) were lying idle because they had not
been distributed to the police stations. Similar audits in West Bengal and Gujarat found shortages of 71%
and 36% respectively in required weaponry.44
Police vehicles: Audits have noted that police vehicles are in short supply.42 New vehicles are often used
to replace old vehicles, and there is a shortage of drivers. This affects the response time of the police, and
consequently their effectiveness. As of January 2015, state forces had a total of 1,63,946 vehicles,
marking a 30.5% deficiency against the required stock of vehicles (2,35,339 vehicles).45
Police Telecommunication Network (POLNET): The POLNET project was initiated by the central
governed in 2002 to connect the police and paramilitary forces of the country through a satellite based
communication network, that will be significantly faster than the existing system of radio
communications. However, audits have found that the POLNET network is non-functional in various
states.42,44,46 For example, an audit of the Gujarat police force reported that the network had not been
operationalised till October 2015 due to non-installation of essential infrastructure, such as remote
subscriber units and generator sets. The audit also noted that there were 40%-50% vacancies in key
segments of trained personnel, such as radio operators and technicians, needed to operate the equipment.44
12
Underutilisation of funds for modernisation: Both Figure 7: Utilisation of funds for modernisation (%)
centre and states allocate funds for modernisation of
state police forces. These funds are typically used
100% 86%
for strengthening police infrastructure, by way of 74% 76%
construction of police stations, purchase of 80%
58% 57%
weaponry, communication equipment and vehicles. 60%
However, there has been a persistent problem of 40%
22%
underutilisation of modernisation funds.32 For 14%
20%
example, in 2015-16, the centre and states allocated
0%
Rs 9,203 crore for modernisation. However, only
2009-10
2010-11
2011-12
2012-13
2013-14
2014-15
2015-16
14% of it was spent. Figure 10 shows trend of
underutilisation of funds between 2009-10 and
2015-16. % Utilisation of Modernisation Budget
Sources: Bureau of Police Research and Development; PRS.
Police-public relations
Police requires the confidence, cooperation and support of the community to prevent crime and disorder.
For example, police personnel rely on members of the community to be informers and witnesses in any
crime investigation. Therefore, police-public relations is an important concern in effective policing. The
Second Administrative Reforms Commission has noted that police-public relations is in an unsatisfactory
state because people view the police as corrupt, inefficient, politically partisan and unresponsive.22
One of the ways of addressing this challenge is through the community policing model. Community
policing requires the police to work with the community for prevention and detection of crime,
maintenance of public order, and resolving local conflicts, with the objective of providing a better quality
of life and sense of security. It may include patrolling by the police for non-emergency interactions with
the public, actively soliciting requests for service not involving criminal matters, community based crime
prevention and creating mechanisms for grassroots feedback from the community. Various states have
been experimenting with community policing including Kerala through ‘Janamaithri Suraksha Project’,
Rajasthan through ‘Joint Patrolling Committees’, Assam through ‘Meira Paibi’, Tamil Nadu through
‘Friends of Police’, West Bengal through the ‘Community Policing Project’, Andhra Pradesh through
‘Maithri and Maharashtra through ‘Mohalla Committees’.18,22
Examples of community policing in India
Janamaithri Suraksha in Kerala
This project is an initiative of the Kerala Police to facilitate greater accessibility, close interaction and
better understanding between the police and local communities. For example, Beat Constables are
required to know at least one family member of every family living in his beat area, and allocate some
time to meet with people outside the police station every week. Janamaithri Suraksha Committees are
also formed with municipal councillors, representatives of residents’ associations, local media, high
schools and colleges, retired police officers, etc. to facilitate the process.
Meira Paibi (Torch-bearers) in Assam
The women of the Manipuri Basti in Guwahati help with improving the law and order problem in their
area, by tackling drug abuse among the youth. They light their torches and go around the basti
guarding the entry and exit points, to prevent the youth of the area from going out after sunset.
Sources: Model Police Manual, Bureau of Police Research and Development; Kerala Police Website; PRS.
1
Entry 2, List II, Schedule 7, Constitution of India, 1950.
2
Entry 2 and 2A, List I, Schedule 7, Constitution of India, 1950.
13
3
“Public Order”, Second Administrative Reforms Commission, 2007, http://arc.gov.in/5th%20REPORT.pdf; “Police Organisation in India”,
Commonwealth Human Rights Initiative, 2015,
http://www.humanrightsinitiative.org/download/1456400058Final%20Police%20Org%20in%20India%202016.pdf; Prakash Singh vs Union of
India, Supreme Court, Writ Petition (Civil) No. 310 of 1996, November 8, 2010; “Building SMART Police in India: Background into the needed
Police Force Reforms”, NITI Aayog, 2016, http://www.niti.gov.in/writereaddata/files/document_publication/Strengthening-Police-Force.pdf.
4
“Committee on Home Affairs”, Subjects selected by Standing Committees, PRS Legislative Research, Last visited August 17, 2016,
http://www.prsindia.org/parliamenttrack/parliamentary-committees/subjects-selected-by-standing-committees-3451/.
5
States: Entries 1,2 and 4 of List II, Schedule 7, Constitution of India, 1950; Centre: Article 355 and Entries 2,2A,5,8,65,70 and 80, List I,
Schedule 7, Constitution of India, 1950; Concurrent: Entries 1 and 2, List III, Schedule 7, Constitution of India, 1950.
6
For example, police in Uttar Pradesh, Madhya Pradesh, Manipur and Nagaland is regulated under the Police Act, 1861; Model Police Manual:
Volume 1, Bureau of Police Research and Development, http://www.bprd.nic.in/WriteReadData/userfiles/file/1645442204-Volume%201.pdf;
“Police Organisation in India”, Commonwealth Human Rights Initiative, 2015,
http://www.humanrightsinitiative.org/download/1456400058Final%20Police%20Org%20in%20India%202016.pdf.
7
“Model Police Manual: Volume 1”, Bureau of Police Research and Development,
http://www.bprd.nic.in/WriteReadData/userfiles/file/1645442204-Volume%201.pdf.
8
“Data on Police Organisations”, Bureau of Police Research and Development, 2016,
http://bprd.nic.in/WriteReadData/userfiles/file/201701090303068737739DATABOOK2016FINALSMALL09-01-2017.pdf.
9
Section 3, Police Act, 1861.
10
Section 4, Police Act, 1861.
11
Article 312, Constitution of India, 1950.
12
State of State Finances, PRS Legislative Research, October 2016,
http://www.prsindia.org/uploads/media/State%20Finances/State%20Finances%20Report.pdf.
13
Note that the Assam Rifles in not a dedicated border guarding force, like the BSF, ITBP and SSB. It is structured as a counter-insurgency force
but is deployed along the India-Myanmar border. The Ministry is still finalising a dedicated border guarding force for the India-Myanmar border.
See “Border Security: Capacity Building and Institutions”, Standing Committee on Home Affairs, April 11, 2017,
http://164.100.47.5/newcommittee/reports/EnglishCommittees/Committee%20on%20Home%20Affairs/203.pdf.
14
Central Police Organisations, Ministry of Home Affairs, http://mha.nic.in/cpo.
15
Frequently Asked Questions, Central Bureau of Investigation, Last visited January 12, 2017, http://cbi.nic.in/faq.php.
16
Section 6, National Investigation Agency Act, 2008.
17
Unstarred Question No. 2316, Lok Sabha, August 4, 2015.
18
“Model Police Manual: Volume 2”, Bureau of Police Research and Development,
http://www.bprd.nic.in/WriteReadData/userfiles/file/6798203243-Volume%202.pdf.
19
“Crime in India”, National Crime Records Bureau, 2006-15.
20
“Handbook on Police Accountability, Oversight and Integrity”, United Nations Office on Drugs and Crime, 2011,
https://www.unodc.org/documents/justice-and-prison-reform/crimeprevention/PoliceAccountability_Oversight_and_Integrity_10-
57991_Ebook.pdf.
21
See Section 5, Assam Rifles Act, 2006; Section 5 of the Border Security Force Act, 1968; Section 8, Central Reserve Police Force Act, 1949.
22
“Public Order”, Second Administrative Reforms Commission, 2007, http://arc.gov.in/5th%20REPORT.pdf.
23
“A New Beginning: Policing in Northern Ireland”, Report of the Independent Commission on Policing for Northern Ireland, September 1999,
http://cain.ulst.ac.uk/issues/police/patten/patten99.pdf.
24
Section 30, Draft Model Police Bill recommended by the National Police Commission (1977-81),
http://mha.nic.in/sites/upload_files/mha/files/pdf/mpolice_act.pdf.
25
Prakash Singh vs Union of India, Supreme Court, Writ Petition (Civil) No. 310 of 1996, November 8, 2010.
26
“Police Organisation in India”, Commonwealth Human Rights Initiative, 2015; “State Security Commissions”, Commonwealth Human Rights
Initiative, 2014, http://www.humanrightsinitiative.org/programs/Report2014/CHRI_Report2014%20.pdf.
27
Section 33, Part II, Chapter 5, UK Policing and Crime Act, 2017.
28
Website of New York City Civilian Complaint Review Board, Last visited March 6, 2017, https://www1.nyc.gov/site/ccrb/about/frequently-
asked-questions-faq.page.
29
Section 12, Protection of Human Rights Act, 1993; Section 63, Lokpal and Lokayuktas Act, 2013.
30
Sections 159 and 173, Model Police Act, 2006; Prakash Singh vs Union of India, Supreme Court, Writ Petition (Civil) No. 310 of 1996,
November 8, 2010.
31
“Building SMART Police in India: Background into the needed Police Force Reforms”, NITI Aayog, 2016,
http://www.niti.gov.in/writereaddata/files/document_publication/Strengthening-Police-Force.pdf
32
“Data on Police Organisations”, Bureau of Police Research and Development, 2007-16.
33
“National Requirement of Manpower for 8-hour Shifts in Police Stations”, Bureau of Police Research and Development, August 2014.
34
Section 44, Draft Model Police Bill, 2015.
35
“Leadership and Standards in the Police”, UK Home Affairs Committee, 2013,
http://www.publications.parliament.uk/pa/cm201314/cmselect/cmhaff/67/6708.htm#a13.
36
“169th Report: Demand for Grants (2013-14) of Ministry of Home Affairs, Standing Committee on Home Affairs, 2013,
http://164.100.47.5/newcommittee/reports/EnglishCommittees/Committee%20on%20Home%20Affairs/169.pdf.
37
First Report, National Police Commission, 1979,
http://police.pondicherry.gov.in/Police%20Commission%20reports/1st%20Police%20commission.pdf.
14
38
“Report No. 239: Expeditious Investigation and Trial of Criminal Cases Against Influential Public Personalities”, Law Commission of India,
March 2012, http://lawcommissionofindia.nic.in/reports/report239.pdf.
39
“14th Report: Reforms of the Judicial Administration”, Volume 2, Law Commission of India, http://lawcommissionofindia.nic.in/1-
50/Report14Vol2.pdf; “154th Report: The Code of Criminal Procedure, 1973”, Volume 1, Law Commission of India,
http://lawcommissionofindia.nic.in/101-169/Report154Vol1.pdf; Section 99 and 122, Model Police Act, 2006; Section 26, Draft Model Police
Bill, 2015.
40
Starred Question 24, Lok Sabha, December 1, 2015.
41
Forensic Perspective Plan 2010, Ministry of Home Affairs, http://mha.nic.in/sites/upload_files/mha/files/pdf/IFS(2010)-FinalRpt.pdf.
42
“Compendium on Performance Audit Reviews on Modernisation of Police Force”, Comptroller & Auditor General,
http://saiindia.gov.in/english/home/Our_Products/Other_Reports/Compendia/pulice_Force.swf.
43
Audit Report (General and Social Audit) for the year ended 31 March 2014 for Rajasthan, Comptroller and Auditor General,
http://www.cag.gov.in/sites/default/files/audit_report_files/Rajasthan_General_Social_1_2015_Chap_2.pdf.
44
Audit Report (General and Social Sector) 2013-14 for West Bengal, Comptroller and Auditor General,
http://www.cag.gov.in/sites/default/files/audit_report_files/Chapter_2_Performance_Audit_20.pdf; Audit Report on the General and Social
Sector for the year ended March 2015, Comptroller and Auditor General,
http://www.cag.gov.in/sites/default/files/audit_report_files/Gujarat_General_and_Social_Sector_Report_2_%202016.pdf.
45
“Data on Police Organisations”, Bureau of Police Research and Development, 2015,
http://www.bprd.nic.in/WriteReadData/userfiles/file/201607121235174125303FinalDATABOOKSMALL2015.pdf.
46
Audit Report (Social, Economic, Revenue and General Sectors) 2012-13 for Tripura, Comptroller and Auditor General,
http://www.cag.gov.in/sites/default/files/audit_report_files/Tripura_social_economic_revenue_sector_1_2014.pdf.
DISCLAIMER: This document is being furnished to you for your information. You may choose to reproduce or redistribute this report for non-
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expressed herein are entirely those of the author(s). PRS makes every effort to use reliable and comprehensive information, but PRS does not
represent that the contents of the report are accurate or complete. PRS is an independent, not-for-profit group. This document has been prepared
without regard to the objectives or opinions of those who may receive it.
15
ANNEXURE
Directions of the Supreme Court in Prakash Singh vs Union of India
Context: In 1996, a petition was filed before the Supreme which stated that the police abuse and misuse
their powers. It alleged non-enforcement and discriminatory application of laws in favour of persons with
clout, and also raised instances of unauthorised detentions, torture, harassment, etc. against ordinary
citizens. The petition asked the court to issue directions for implementation of recommendations of
expert committees.
Directions: In September 2006, the court issued various directions to the centre and states including:
Constitute a State Security Commission in every state that will lay down policy for police
functioning, evaluate police performance, and ensure that state governments do not exercise
unwarranted influence on the police.
Constitute a Police Establishment Board in every state that will decide postings, transfers and
promotions for officers below the rank of Deputy Superintendent of Police, and make
recommendations to the state government for officers of higher ranks.
Constitute Police Complaints Authorities at the state and district levels to inquire into allegations of
serious misconduct and abuse of power by police personnel.
Provide a minimum tenure of at least two years for the DGP and other key police officers (e.g.,
officers in charge of a police station and district) within the state forces, and the Chiefs of the central
forces to protect them against arbitrary transfers and postings.
Ensure that the DGP of state police is appointed from amongst three senior-most officers who have
been empanelled for the promotion by the Union Public Service Commission on the basis of length of
service, good record and experience.
Separate the investigating police from the law and order police to ensure speedier investigation, better
expertise and improved rapport with the people.
Constitute a National Security Commission to shortlist the candidates for appointment as Chiefs of
the central armed police forces.
Implementation: According to a report of the NITI Aayog (2016), of 35 states and UTs (excluding
Telangana), State Security Commissions had been set up in all but two states, and Police Establishments
Boards in all states.31 The two states in which the State Security Commissions were not set up by August
2016 were Jammu and Kashmir and Odisha. Note that the report also found that the composition and
powers of the State Security Commissions and the Police Establishment Boards were at variance with the
Supreme Court directions. For example, in states such as Bihar, Gujarat and Punjab, the State Security
Commission were dominated by government and police officers. Further, many of these Commissions
did not have the power to issue binding recommendations.
16
Model Police Act, 2006
Key features of the Model Police Act, 2006 include:
Organisation and recruitment: Each state will have one police service, which shall be headed by
the DGP. Direct recruitments to subordinate ranks (i.e. below Deputy SP) will be made through a
state level Police Recruitment Board. Recruitment to officers’ ranks will be through the Union Public
Service Commission or State Public Service Commission.
Responsibilities: The responsibilities of the police serve will include: (i) enforcing the law
impartially, and protecting life, liberty and human rights, (ii) preserving public order, and preventing
terrorist, militant and other activities affecting internal security, (iii) protecting public properties, (iv)
preventing and investigating crimes, (v) providing help in natural or man-made disasters, (vi)
collecting intelligence, etc. In police stations in urban areas and crime prone rural areas, investigation
of heinous and economic crimes (e.g., murder, serious cases of cheating) will be carried out by a
Special Crime Investigation Unit, headed by an officer at least of the rank of a Sub-Inspector.
Officers of these units will generally not be diverted for any other duty.
Accountability: The state government will exercise superintendence over the police service. This
will include laying down policies and guidelines, setting standards for quality policing, and ensuring
that the police perform their duties in a professional manner. State Police Boards will be constituted
in each state to frame guidelines, select officers who are qualified to be promoted to rank of DGP, and
evaluate police performance. Police Accountability Commissions will also be set up by states to
address complaints of police misconduct. However key police functionaries (e.g., DGP and police
station in charge) will have a minimum tenure of two years unless they have been convicted by a
court, or suspended from service, etc.
Service Conditions: The state government will ensure that the average hours of duty of a police
officer do not exceed 8 hours (in exceptional situations, 12 hours). Adequate insurance coverage will
also be provided to personnel against any injury disability or death caused in line of duty. A Police
Welfare Board must also be set up to administer and monitor welfare measures for police, including
medical assistance, group housing, and legal aid for officers facing court proceedings.
17
Table 4: Incidence and rate of cognizable crime in 2015
Indian Penal Code Special and Local Laws
State/Union Territory
Incidence Crime per lakh population Incidence Crime per lakh population
Andhra Pradesh 1,10,693 215.6 15,755 30.7
Arunachal Pradesh 2,968 227.8 181 13.9
Assam 1,03,616 321.8 3,849 12
Bihar 1,76,973 171.6 18,439 17.9
Chhattisgarh 56,692 220.9 2,45,223 955.6
Goa 3,074 156.4 1,482 75.4
Gujarat 1,26,935 203.6 3,07,108 492.7
Haryana 84,466 310.4 47,523 174.6
Himachal Pradesh 14,007 198.5 3,214 45.5
Jammu and Kashmir 23,583 191.2 1,727 14
Jharkhand 45,050 135.1 7,861 23.6
Karnataka 1,38,847 224 32,019 51.7
Kerala 2,57,074 723.2 3,96,334 1115
Madhya Pradesh 2,68,614 348.3 90,046 116.8
Maharashtra 2,75,414 231.2 1,47,766 124
Manipur 3,847 149.5 1,004 39
Meghalaya 4,079 148.2 327 11.9
Mizoram 2,228 211.2 347 32.9
Nagaland 1,302 55.1 629 26.6
Odisha 83,360 197.3 19,848 47
Punjab 37,983 131.2 22,253 76.9
Rajasthan 1,98,080 273.9 64,096 88.6
Sikkim 766 119.3 184 28.7
Tamil Nadu 1,87,558 271.2 2,54,604 368.2
Telangana 1,06,282 290.7 16,496 45.1
Tripura 4,692 123.5 172 4.5
Uttar Pradesh 2,41,920 112.1 25,49,421 1181.2
Uttarakhand 10,248 97.2 88,618 840.5
West Bengal 1,79,501 193 26,777 28.8
A&N Islands 862 157.9 2,197 402.4
Chandigarh 3,248 186.5 1,865 107.1
D&N Haveli 269 64.4 34 8.1
Daman and Diu 302 94.1 17 5.3
Delhi 1,91,377 916.8 8,599 41.2
Lakshadweep 50 62.5 15 18.8
Puducherry 3,440 209.1 669 40.7
India 29,49,400 234.2 43,76,699 347.6
Sources: National Crime Records Bureau, 2015; PRS.
18
Table 5: Strength of state police forces and vacancies (as on January 1, 2016)
State Sanctioned Actual Vacancies % Vacancies
Andhra Pradesh 59,174 49,587 9,587 16%
Arunachal Pradesh 12,764 10,923 1,841 14%
Assam 53,400 45,484 7,916 15%
Bihar 1,23,277 93,798 29,479 24%
Chhattisgarh 65,749 55,330 10,419 16%
Goa 8,313 6,745 1,568 19%
Gujarat 1,03,047 70,491 32,556 32%
Haryana 61,691 42,386 19,305 31%
Himachal Pradesh 16,637 14,178 2,459 15%
Jammu & Kashmir 80,110 69,978 10,132 13%
Jharkhand 76,692 56,189 20,503 27%
Karnataka 1,10,210 70,934 39,276 36%
Kerala 60,502 53,881 6,621 11%
Madhya Pradesh 1,09,495 86,759 22,736 21%
Maharashtra 1,91,143 1,76,044 15,099 8%
Manipur 32,078 25,146 6,932 22%
Meghalaya 15,020 12,548 2,472 16%
Mizoram 11,263 8,435 2,828 25%
Nagaland 21,574 22,264 (690) -3%
Odisha 66,184 55,441 10,743 16%
Punjab 78,967 69,751 9,216 12%
Rajasthan 1,04,209 89,346 14,863 14%
Sikkim 6,081 4,565 1,516 25%
Tamil Nadu 1,36,002 1,09,948 26,054 19%
Telangana 64,489 47,428 17,061 26%
Tripura 27,448 24,018 3,430 12%
Uttar Pradesh 3,63,785 1,81,827 1,81,958 50%
Uttarakhand 21,155 19,991 1,164 6%
West Bengal 1,01,482 67,852 33,630 33%
A&N Islands 4,468 3,912 556 12%
Chandigarh 6,721 5,869 852 13%
D&N Haveli 310 334 (24) -8%
Daman & Diu 535 390 145 27%
Delhi 82,242 76,348 5,894 7%
Lakshadweep 435 369 66 15%
Puducherry 4,039 3,177 862 21%
All India 22,80,691 17,31,666 5,49,025 24%
Note 1: State police include civil and armed police. Note 2: Nagaland Dadra and Nagar Haveli have a surplus of police personnel,
indicated by brackets.
Sources: Data on Police Organisations 2016, Bureau of Police Research and Development; PRS.
19
Table 6: State-wise expenditure on police (2015-16) (in Rs crores)
Police Expenditure
Total Budget for
States/ UTs Budget for Police Police Expenditure as % of State
State
Budget
Andhra Pradesh 1,13,049 3,511 2,389 2.1%
Arunachal Pradesh 69,407 NA NA -
Assam 66,142 3,291 1,844 2.8%
Bihar 1,32,849 5,787 5,360 4.0%
Chhattisgarh 68,572 2,500 1,872 2.7%
Goa NA 379 350 -
Gujarat 1,39,139 3,365 2,356 1.7%
Haryana 89,235 2,861 2,729 3.1%
Himachal Pradesh 31,316 736 599 1.9%
Jammu & Kashmir 77,000 4,172 4,005 5.2%
Jharkhand NA 3,047 2,827 -
Karnataka 1,42,534 3,280 2,557 1.8%
Kerala 1,18,891 3,268 2,590 2.2%
Madhya Pradesh 1,56,475 4,266 3,016 1.9%
Maharashtra 2,43,026 11,146 7,232 3.0%
Manipur 9,652 1,128 839 8.7%
Meghalaya 9,733 602 411 4.2%
Mizoram 7,757 496 374 4.8%
Nagaland 11,754 1,002 851 7.2%
Odisha 2,39,753 2,761 2,617 1.1%
Punjab 79,314 4,678 4,597 5.8%
Rajasthan 1,41,232 4,173 4,120 2.9%
Sikkim 5,821 279 279 4.8%
Tamil Nadu 1,79,552 5,484 5,544 3.1%
Telangana 1,31,034 4,818 2,521 1.9%
Tripura 12,993 1,046 634 4.9%
Uttar Pradesh 3,02,687 13,765 10,387 3.4%
Uttarakhand 32,694 1,207 879 2.7%
West Bengal 1,09,103 5,284 3,708 3.4%
All India 27,20,716 98,329 77,487 2.8%
NA: Not available.
Sources: Data on Police Organisations 2016, Bureau of Police Research and Development; PRS.
20