COMPREHENSIVE AND ABSOLUTE POWER OF POLICE IN INDIA: A LEGAL AND INSTITUTIONAL PERSPECTIVE

AUTHOR: SOURABH PRAJAPAT, B.A.LL.B. (HONS)   

COLLEGE : DR. KAILASNATH KATJU LAW COLLEGE, RATLAM (M.P.)

 ABSTRACT

The police force stands as the cornerstone of any society, embodying the guardianship of law and order, the shield of public safety, and the enforcers of justice. Entrusted with authority derived from the Constitution and statutory laws, their powers are vast and far-reaching. Yet, with great power comes an even greater responsibility to wield it within the confines of legality, morality, and accountability.

The “absolute power” of the police refers to the discretionary authority they possess in critical situations—especially emergencies—to act decisively and restore order or prevent harm. Meanwhile, “comprehensive power” encompasses their extensive responsibilities, from patrolling streets to unraveling intricate criminal conspiracies. This dual mandate positions the police as one of the most influential state institutions, often operating at the delicate crossroads of individual rights and state authority.

However, the indispensability of the police is accompanied by ongoing debates about the scope and misuse of their powers. Instances of excessive force, custodial torture, and violations of fundamental rights highlight the urgent need for a balanced approach. Safeguards against abuse, anchored in a robust legal framework, are essential to ensure both accountability and the integrity of this vital institution.

State of Maharashtra v. Christian Community Welfare Council (2003) 

The court affirmed the police’s comprehensive power to investigate crimes, emphasizing that such powers should be exercised independently without interference from external influences, including political pressures.

INTRODUCTION

The Indian police force is one of the largest in the world, comprising over 2.8 million personnel tasked with maintaining law and order in a nation of 1.4 billion people. Despite its vast reach, the police system grapples with numerous challenges, from limited resources to issues of accountability. Policing in India serves as both a symbol of authority and a mechanism for justice, making its effective functioning essential for societal stability and democratic progress.

Police powers represent the legal authority granted to law enforcement agencies to maintain public order, investigate crimes, and enforce the law. Rooted in statutory provisions, constitutional mandates, and judicial interpretations, these powers encompass arrest, detention, search, and the use of reasonable force. In India, the role of the police is critical, given the nation’s diversity and complexity. While these powers derive from historical, constitutional, and statutory sources, their exercise must balance authority with accountability to uphold justice and protect citizens’ rights.

HISTORICAL EVOLUTION: FROM COLONIAL RULE TO DEMOCRATIC GOVERNANCE

The Indian police force was established by the Police Act of 1861 and has its origins in the British colonial era. Designed to control rather than serve, this framework established a centralised and hierarchical system prioritising colonial authority. Despite independence, much of the structure remains, although significant efforts have been made to align it with democratic values.

Key Milestones: 

Prakash Singh v. Union of India (2006)

This landmark case laid the foundation for modern police reforms in India. The Supreme Court directed significant changes, including the establishment of a State Security Commission, fixed tenure for police officers, and separation of investigation and law-and-order duties. These directives aimed to reduce political interference and ensure greater accountability in policing.

CONSTITUTIONAL FRAMEWORK: BALANCING AUTHORITY AND ACCOUNTABILITY

The Constitution of India places “Police” under the State List in the Seventh Schedule, empowering state governments to legislate on policing. However, this decentralized system often creates challenges in maintaining uniform standards across states.

• Article 246: Grants states exclusive power over police legislation.
• Article 355: Imposes a duty on the central government to safeguard states against external aggression and internal disturbances.

States have enacted their own Police Acts to address local needs, while judicial interpretations ensure these laws respect fundamental rights. Recent reforms, such as mandatory video recording of interrogations and the acceptance of digital evidence, demonstrate the dynamic nature of policing in India.

FUNCTIONS AND RESPONSIBILITIES OF POLICE

The police serve as the backbone of the criminal justice system, ensuring peace, order, and justice. Their core functions include:

1. Law Enforcement: Preventing and investigating crimes, apprehending offenders, and enforcing legislative provisions.
2. Public Order Maintenance: Managing crowds, intervening in conflicts, and ensuring societal harmony during events or crises.
3. Crime Prevention: Implementing community policing and awareness campaigns to deter criminal activities.
4. Protection of Life and Property: Responding to emergencies, aiding in disaster management, and safeguarding vulnerable populations.

Additionally, the police act as first responders in emergencies, providing immediate assistance and fostering trust within communities.

EVIDENTIARY VALUE OF POLICE STATEMENTS: ENSURING FAIRNESS IN JUSTICE

The Indian Evidence Act defines the police’s evidentiary function by limiting the admissibility of statements made to officers in order to prevent coercion and misuse of power.

• Section 25: Confessions made to police officers are inadmissible in court.
• Section 162: Statements recorded during investigations can only be used for contradiction purposes.

Recent advancements, such as the inclusion of video evidence and digital records, aim to enhance transparency and accountability in police investigations.

CHALLENGES IN POLICE FUNCTIONING                                                                                                                                                                                                                                                                                                                                                                                                               

Despite their importance, Indian police face several challenges, including:

1. Inadequate Resources: Many police stations lack modern infrastructure, advanced technology, and sufficient manpower.
2. Political Interference: The misuse of police for political purposes undermines their impartiality.
3. Training Deficiencies: A lack of focus on advanced skills such as cybercrime investigation, forensic analysis, and crowd management.
4. Accountability Issues: Allegations of corruption, excessive use of force, and custodial violence erode public trust.

DK Basu v. State of West Bengal (1997):The Supreme Court established guidelines to prevent custodial violence and deaths, reinforcing accountability in police actions. These guidelines mandated procedures such as informing family members of the arrested person, medical examination of the detainee, and maintaining arrest records. The judgment remains a critical safeguard against police misuse of power.

THE ROLE OF COMMUNITY POLICING

Community policing has emerged as a transformative model, fostering collaboration between law enforcement and the public. Initiatives such as “Janamaithri Suraksha Project” in Kerala and “Mohalla Committees” in Maharashtra exemplify this approach, addressing safety concerns at the grassroots level. By building trust and addressing the root causes of crime, community policing enhances societal stability and public cooperation.

SPECIALIZED UNITS AND TECHNOLOGY INTEGRATION

Modern policing requires specialization and technological advancement. Units like cybercrime cells, anti-terrorism squads (ATS), and women and child protection units address specific challenges, from digital offenses to gender-based violence. The integration of technologies such as AI-based surveillance, predictive analytics, and real-time monitoring systems has significantly enhanced operational efficiency.

JUDICIAL OVERSIGHT AND REFORMS

Judicial oversight plays a crucial role in ensuring the lawful exercise of police authority. Courts have emphasized accountability through landmark judgments, while reforms advocate for:

1. Modernization: Upgrading infrastructure, technology, and training modules.
2. Independence: Reducing political interference through independent oversight mechanisms.
3. Gender Responsiveness: Increasing female representation and establishing women-friendly help desks.
4. Transparency: Encouraging the use of body cameras, public feedback systems, and transparent investigation practices.

Arnesh Kumar v. State of Bihar (2014):
This case addressed the rampant misuse of arrest powers by law enforcement. The court emphasized the need for restraint in making arrests for offenses punishable by less than seven years, thereby promoting a balance between individual liberty and law enforcement duties.

GLOBAL COMPARISONS

Policing in democracies worldwide showcases diverse approaches to maintaining law and order. For instance, the United Kingdom’s model emphasizes community-oriented policing with a strong focus on public trust and minimal use of force. The UK’s Independent Office for Police Conduct (IOPC) ensures accountability and transparency in law enforcement. In contrast, the United States faces challenges like racial bias and police militarization but has made strides in incorporating body cameras and public oversight boards to curb misuse of power. Scandinavian countries, particularly Norway and Sweden, prioritize rehabilitation over punishment, leading to lower crime rates and higher public confidence in the police. These global practices highlight the need for India to strike a balance between modernization, accountability, and cultural sensitivity.

SUCCESS STORIES IN INDIAN POLICING

India has witnessed commendable reforms and community policing initiatives that have enhanced law enforcement’s effectiveness and public trust. The “Janamaithri Suraksha Project” in Kerala stands out as a successful community policing model. It involves local residents in crime prevention, fostering collaboration between police and communities. Similarly, Maharashtra’s “Mohalla Committees” promote communal harmony by resolving disputes at the grassroots level. In Bengaluru, the integration of technology through mobile applications like “Suraksha” has significantly improved women’s safety. These examples underline the importance of innovative, people-centric strategies in overcoming challenges faced by Indian police.

FUTURE OF POLICING

The future of policing in India lies in addressing emerging challenges and leveraging technological advancements:

1. CYBERCRIME: With increasing digitization, cybercrime has become a major concern. Specialized cybercrime cells equipped with advanced tools like blockchain analysis and digital forensics are essential.
2. ARTIFICIAL INTELLIGENCE (AI): AI-based surveillance systems can predict crime hotspots and assist in quick decision-making. However, ethical considerations and data privacy must be prioritized to prevent misuse.
3. SURVEILLANCE CONCERNS: The growing use of facial recognition technology and drone monitoring raises questions about civil liberties. Policymakers must establish clear regulations to ensure these technologies are used responsibly.
4. SKILL DEVELOPMENT: Future policing demands advanced training in areas like forensic science, counter-terrorism, and conflict resolution. Incorporating these skills will enhance operational efficiency and preparedness.

MISUSE OF POWER

Despite their critical role, police misuse of power remains a pressing issue in India. Instances of custodial violence, excessive use of force, and corruption have tarnished the image of law enforcement. For example:

• CUSTODIAL VIOLENCE: Cases like Jayaraj and Bennix in Tamil Nadu highlight the grave issue of police brutality. Strict implementation of guidelines under DK Basu v. State of West Bengal (1997) is crucial.
• POLITICAL INTERFERENCE: Police officers are often pressured to act in favor of political agendas, compromising their impartiality.
• VIOLATION OF FUNDAMENTAL RIGHTS: Arbitrary arrests and excessive surveillance infringe on individuals’ rights under Articles 21 and 22 of the Indian Constitution.

RECOMMENDATIONS

• To enhance the effectiveness and credibility of the police, the following reforms are recommended:
• Policy Enhancements: Revising outdated laws such as the Police Act of 1861 to align with democratic principles.
• Mandate the use of body cameras during operations to enhance transparency and accountability.
• Public-Private Partnerships: Leveraging private expertise for technology adoption and skill development.
• Mental Health Support: Establishing wellness programs to address the psychological challenges faced by officers.

CONCLUSION

The police in India hold immense responsibility as protectors of law and order, custodians of public safety, and contributors to societal progress. Their role is pivotal in shaping a just and harmonious society, where the delicate balance between authority and liberty is maintained. While their powers are extensive, they must be exercised within the bounds of constitutional safeguards to uphold justice and human rights. By addressing systemic challenges such as misuse of power, embracing forward-looking reforms, and fostering robust community partnerships, Indian policing can transform into a beacon of accountability and efficiency. A people-centric approach, rooted in transparency and trust, is essential to reinforce public confidence and ensure that the police emerge as true guardians of democracy in an ever-evolving society. This transformation is not merely a goal but a necessity for upholding the ideals of justice and equality in a vibrant democracy like India.

FAQS BASED ON THE CONTENT:

1. What is the dual concept of “absolute power” and “comprehensive power” in policing?
   Absolute power refers to discretionary authority during emergencies, while comprehensive power includes a wide range of police duties, such as patrolling, investigating, and maintaining public safety.
2. How has the Indian police system evolved from colonial rule?
   The system, formalized under the Police Act of 1861, initially prioritized colonial control. Post-independence reforms, such as the Prakash Singh case, aim to align it with democratic values by reducing political interference and emphasizing accountability.
3. What are the constitutional provisions governing police authority in India?
   Articles 246 and 355 of the Constitution outline the legislative powers and duties regarding police, while state-specific Police Acts address local governance needs.
4. What challenges do Indian police face today?
   The major challenges include inadequate resources, political interference, lack of advanced training, and issues of accountability such as custodial violence and corruption.
5. What role does community policing play in India?
   Community policing initiatives like Kerala’s “Janamaithri Suraksha Project” and Maharashtra’s “Mohalla Committees” build trust, enhance public cooperation, and address safety concerns at the grassroots level.
6. How does technology impact modern policing?
   Technologies such as AI-based surveillance, predictive analytics, and cybercrime cells enhance operational efficiency but raise concerns about data privacy and ethical use.
7. What are the key reforms recommended to improve the police force?
   Reforms include revising the Police Act of 1861, introducing independent oversight mechanisms, improving training programs, leveraging public-private partnerships, and providing mental health support for officers.
8. How can the misuse of police power be addressed?
   Strict implementation of guidelines, such as those established in DK Basu v. State of West Bengal (1997), use of body cameras, and independent complaint authorities can help mitigate misuse.
9. What is the significance of judicial oversight in policing?
   Judicial interventions ensure accountability and transparency in police actions, as demonstrated in cases like Arnesh Kumar v. State of Bihar (2014), which emphasized restraint in arrests for minor offenses.
10. What does the future of policing in India look like?
    The focus will likely be on addressing emerging challenges like cybercrime, integrating advanced technologies, and fostering a people-centric, accountable approach.