CENTRAL UNIVERSITY OF KASHMIR

PRESENTATION TOPIC : STRUCTURE AND

ORGANIZATION OF POLICE IN INDIA.

SUBJECT : POLICE AND CRIMINAL JUSTICE SYSTEM

ENROLLMENT NO : 2311CUKMR12

SEMESTER : LLM SECOND

SUBMITTED BY : UMAAR MAQBOOL

UNDER SUPERVISION OF : MRS KINJAL BAGDI (AP)

DEPARTMENT : DEPARTMENT OF LAW (SLS CUK)

 TABLE OF CONTENTS

STRUCTURE AND ORGANIZATION OF POLICE IN INDIA

• INTRODUCTION.
• STRUCTURE OF POLICE.
• ORGANIZATION AND FIELD ESTABLISHMENT OF THE
POLICE FORCE.
• SUPREME COURT DECISION.
• POLICE MODEL ACT OF 2006.
• ANALYSIS BETWEEN THE POLICE ACT AND DRAFT MODEL
POLICE ACT, 2006.
STRUCTURE AND ORGANIZATION OF POLICE IN INDIA

INTRODUCTION

History of Indian police on modern lines dates back to the dawn of the 19th century. The idea
Of a separate regular police force as it exists today was never in consideration prior to the
British Period and for a considerable time even after the commencement of the rule. It was only
in 1774 that Warren Hastings introduced for the first time under the Company’s rule several
measures for police Reforms, which later culminated in the Police Act of 1861 on which the
current police system is also based. 1 The Indian Police system and structure as currently
organized are fundamentally based on An Act 159 years old, the Police Act of 1861. The
working of the police has been analyzed twice at an All India level within a period of 120 years.
First was the Indian Commission of 1902-03 during the British regime and second was in 1977
by the National Police Commission. They found police far From efficient, defective in training
and organization, lacking in public relations, welfare measures, Machinery for redressal of
grievances, etc. and that it was commonly observed as corrupt and Oppressive. Even after
independence, we were lacking a better police administration system. There is Still a
requirement for a reorientation of attitude and approach on the part of the police. 2

Article 2463 places the police, Public order, courts, prisons, reformatories, borstal and Other
allied institutions in the State List.

The police is a state subject and its organisation and Working are governed by rules and
regulations Framed by the state governments. These rules and Regulations are outlined in the
Police Manuals of the state Police forces. Each State/Union Territory has its separate police
force. Despite the diversity of police forces, there is a good deal That is common amongst them.
This is due to four main Reasons:

1
Dr. Sugato Mukherjee "POLICE REFORMS IN INDIA AN OVERVIEW" Vol.3 The Haryana Police Journal
(2020)
2
Ibid
3
The Constitution of India
1 The structure and working of the State Police Forces Are governed by the Police Act of 1861 4,
which is Applicable in most parts of the country, or by the State Police Acts modelled mostly
on the 1861 legislation.

2 Major criminal laws, like the Indian Penal Code, the Code of Criminal Procedure, the Indian
Evidence Act Etch are uniformly applicable to almost all parts of the Country.

3 The Indian Police Service (IPS) is an All India Service, Which is recruited, trained and
managed by the Central Government and which provides the bulk of senior Officers to the State
Police Forces.

4 The quasi-federal character of the Indian polity, with Specific provisions in the Constitution,
allows a Coordinating and counselling role for the Centre in Police matters and even authorizes
it to set up certain Central police organisations. The Organisational Structure Superintendence
over the police force in the state is Exercised by the State Government.12 The head of the
(DGP), who is responsible to the state government for the administration of the police force in
the state and for advising the government on police matters.

STRUCTURE OF POLICE5

States are divided territorially into administrative units known as districts. An officer of the
rank of Superintendent of Police heads the district police force. A group of districts form a
range, which is looked after by an officer of the rank of Deputy Inspector General of Police.
Some states have zones comprising two or more ranges, under the charge of an officer of the
rank of an Inspector General of Police. Every district is divided into sub-divisions. A sub-
division is under the charge of an officer of the rank of ASP/ Dy.S.P. Every sub-division is
further divided into a number of police stations, depending on its area, population and volume
of crime. Between the police station and the sub-division, there are police circles in some states
- each circle headed generally by an Inspector of Police. The police station is the basic unit of
police administration in a district. Under the Criminal Procedure Code, all crime has to be
recorded at the police station and all preventive, investigative and law and order work is done
from there. A police station is divided into a number of beats, which are assigned to constables
for patrolling, surveillance, collection of intelligence etc. The officer in charge of a police
station is an Inspector of Police, particularly in cities and metropolitan areas. Even in other

4
THE POLICE ACT, 1861 (ACT NO. 5 OF 1861)
5
Police Organization in India, Commonwealth human rights initiative
places, the bigger police stations, in terms of area, population, crime or law and order problems,
are placed under the charge of an Inspector of Police. In rural areas or smaller police stations,
the officer in charge is usually a Sub-Inspector of Police. To enable the police have greater and
speedier reach and the public to gain easier access to police help, police posts have been set up
under police stations, particularly where the jurisdiction of the police station, in terms of area
and population, is large.6

State

Zone

Range

District

Sub-division

Circle

Police Station

Organization and Field Establishment of the Police Force7

Director General of Police (DGP) {In-charge of the State Police Force}

Additional Director General of Police (Addl. DGP)

6
Ibid
7
Ibid
 Inspector General of Police (IGP) {In-charge of a zone, which comprises few ranges}

Deputy Inspector General of Police (Dy. IGP) {In-charge of a range, which comprise a group
of districts}

Senior Superintendent of Police (SSP) {In-charge of the bigger District}

Superintendent of police (SP) {In-charge of the District}

Additional Superintendent of Police (Addl. SP)

Assistant/ Deputy Superintendent of Police (ASP/ Dy. SP) {In-charge of a Sub-division in the
district}

Inspector of Police {In-charge of a Police Station}

Sub-Inspector of Police (SI) {In-charge of a smaller Police Station}

Assistant Sub-Inspector of Police (ASI) {Staff of the Police Station}

Police Head Constable (HC) {Staff of the Police Station}

Police Constable {Staff of Police Station}

Preamble.—WHEREAS it is expedient to re-organise the police and to make it a more efficient
Instrument for the prevention and detection of crime 8.

Section 2 9 Constitution of the forces.—The entire police-establishment under a 4 [State

Government] shall For the purposes of this Act, be deemed to be one 9police force, and shall
be formally enrolled; and Shall consist of such number of officers and men, and shall be
constituted in such manner, 10*** as Shall from time to time be ordered by the 4[State
Government] 11***. 12[Subject to the provisions of this Act the pay and all other conditions
of service of members of The subordinate ranks of any police force shall be such as may-be
determined by the2 [State] Government.]

Section 310 Superintendence in the 4[State Government].—The superintendence of the police

throughout A general police-district shall vest in and 9*** shall be exercised by the 4[State
Government] which Such district is subordinate; and except as authorised under the provisions
of this Act, no person, Officer, or Court shall be empowered by the 4[State Government] to
13*** supersede, or control any Police functionary.

Section 411 Inspector-General of Police, etc.—14The administration of the police throughout

the general Police district shall be vested in an officer to be styled the Inspector-General of
Police, and in such Deputy Inspectors-General and Assistant Inspectors-General as to the
1[State Government] shall been seem fit. The administration of the police throughout the local
jurisdiction of the Magistrate of the district shall, under the general control and direction of
such Magistrate, be vested in a District Superintendent and such Assistant District
Superintendents as the 1[State Government] shall consider necessary. 2* * * * *

Section 512 Powers of Inspector General Exercise of power.— The Inspector-General of Police
shall have the full powers of a Magistrate throughout the general police-district; but shall
exercise those powers subject to such limitation as may from time to time be imposed by the
1[State Government.]

SUPREME COURT DECISION

8
Supra note 4
9
Ibid
10
Ibid
11
Ibid
12
Ibid
Prakash Singh v Union of India13

The Central Government set up a National Police Commission on 15 th November 1997, in

Light of the unconvincing improvements that had occurred in our nation since the
Implementation of the Police Act, 1861 and the lack of extensive evaluation of the police
System at the national level after India got her independence, even after major alteration in The
nation’s political and socio-economic affairs. The commission was established to Conduct a
new investigation of the function and effectiveness of the police, both as a law Enforcement
organization and as an establishment charged with safeguarding individuals’ Constitutional
rights.

The petitioner, Prakash Singh is a retired Police officer who has even worked as Uttar Pradesh
Police DGP as well as in Assam. After he retired, he filed a PIL in the Supreme Court, in 1996,
looking forward to police reforms.14

Facts of the case

The petitioners want the Union of India to revaluate the powers and responsibility of the Police
and establish an updated Police Act in accordance with the Model Act produced by The
National Police Commission to guarantee that the officers are responsible mainly to the Law
of the land and the people. Guidelines are also decided to seek against the Union of India and
state governments to create several commissions and directorate to formulate Policies and
make sure that police officers execute their roles and operations without risk of Retaliation,
and to keep inquiry work apart from police investigations.

Judgment

In its order, the Supreme Court directed the states to establish State Security Commissions To
make sure that state governments do not exert undue control or pressure on the police to
Establish a wide policy framework and to analyse the quality of the state police and, if they Do
not already have one, to enact new legislation. 15

Many states created special legislation or Amended the State Police Act for the police force
after these principles were established. However, some states have yet to comply with the

13
(2006) 8 SSC 1
14
13 K.S. Subramanian, ‘The Sordid Story of Colonial Policing in Independent India’ (The Wire, 20 November
2017) <https://thewire.in/government/sordid-story-colonial-policing-independent-india>accessed 02 December
2021
15
Supra note 13
Supreme Court’s guidelines. Arunachal Pradesh, Nagaland, Jammu and Kashmir, Uttar
Pradesh, Andhra Pradesh, Jharkhand, Manipur, Mizoram, Odisha, Goa, Madhya Pradesh, Tamil
Nadu, and West Bengal still need Laws. Bills in the state legislatures of several of these states
are now pending.

The seven directives of the SC are as follows:

1 To guarantee that the state government does not exert undue influence or pressure On the
police, a State Security Commission (SSC) should be established. The SSC will Also establish
broad policy guidelines, and assess the state police’s efficiency.

2 Assure that the DGP is recruited through a fair, merit-based mechanism, with a two-Year
minimum stay.

3The separation of the police’s investigative and law enforcement functions.

4 Even operational police personnel (such as Superintendents of Police in charge of Districts

and Station House Officers in charge of a police station) is given a two-year Minimum term.

5 Create a Police Establishment Board to rule on promotions, transfers, postings, and Other
service-related concerns for police personnel up to and including the rank of Deputy
Superintendent of Police (DSP), as well as to suggest the same for officers Above the rank of
DSP.

6 To investigate complaints from the public against police personnel in situations of Significant
wrongdoing and, establish a Police Complaints Authority at the state and District levels.

7 Set up a National Security Commission at the federal level to develop a board for the
Selection and installation of Central Police Organization Chiefs with a two-year Minimum
tenure.16

POLICE MODEL ACT OF 2006

The Police Model Act of 2006, in contrast to the earlier Act of 1861, set the path for more Open
and responsible police service. The Act included some novel ideas and attempted to Bring
police forces friendlier to the people. The Act establishes new security, accountability, And
professionalism measures in the area. It will be more advantageous to manage on a Local level,

16
‘11 Years After Famous SC Judgement On Police Reforms, Know What The Judgement Was & Where Do We
Stand’ (The Logical Indian, 14 April 2017) <https://thelogicalindian.com/story-feed/awareness/sc
judgementpolice-reforms/> accessed 03 December 2021
thanks to the stringent laws and many divisions of units that have been Established. The ability
to examine and investigate allegations of police officers who abuse Their authority was a good
note, and it has greatly contributed to the expectation that Hereafter, there will be fewer
occurrences of police misconduct as a result of the regulation Of police officers’ actions.17
Drafted by the Soli Sorabjee Committee, the Model Police Act of 2006 was set to have a
Primary goal of establishing an independent body to govern and monitor police officers’
Effectiveness. It was created to foster officers’ detachment from political prejudice and to
Develop a framework for filing complaints against officers who fail to perform their duties.
The Act specifies numerous positions and responsibilities that must be met at all levels,
Including rural, metropolitan, and even military officials. The Act also specifies police officer
training, analysis, and advancement, as well as supervision and a welfare system for officers.
A part of the Act also addresses the violations and penalties that apply to these officers. The
Act is self-contained and does not need the application of any other criminal or administrative
legislation. Moreover, the Act’s preamble outlines a broad range of obligations for police
officers, including the protection of human, political, religious, social, civil, and ideological
rights, and even the protection of marginalized members of the population. The Act succeeds
in broadening the scope of police functions. These units are designed to be provided with
scientific as well as skilled and trained human capital. These teams are tasked with combating
significant crimes such as financial fraud, cybercrime, homicide, killing, abduction, rape, or
structured crime, as well as any other serious crime. To solve such crimes, these units require
specific skills and expertise, and officers assigned to such units are individuals who specialise
in such talents or have prior experience in this type of situation. Also in rural locations, a
Special Crime Investigation team must be established, with a Sub-Inspector in charge. Officers
in these areas can only serve for a maximum of five years. The 2006 Act provides extremely
clear and exact techniques of maintaining a check on the abilities of police personnel so that
criminal proceedings are not jeopardised.

ANALYSIS BETWEEN THE POLICE ACT, 1861 AND THE DRAFT

MODEL POLICE ACT, 2006

1 Scope of the Acts

17
Vishruti Chauhan, ‘The Model Police Act, 2006 - a roadmap for the future’ (Ipleaders, 2 January 2021)
<https://blog.ipleaders.in/model-police-act-2006-roadmap-future/> accessed 06 December 2021
The Police Act of 1861 18 is neither the single nor the most important statute governing police
Activities. The Indian Penal Code 19, the Indian Evidence Act, and a wide variety of specific
Legislations are used to maintain public order and the criminal justice structure. In addition To
the laws, each state has its own set of Police Regulations and Police Manuals that give out
Specific rules and instructions for the execution of police powers and functions. The Model
Police Act aims at encompassing all the aspects of police administration. It is self-contained in
structure and does not rely on other substantive legislation for execution. It is a positive move
on the right path that can be a decent substitute for the outdated old statute.

2. Control and Supervision of Police

The State Government has police supervision under the Police Act of 1861 20, and the authority
to which the Police Officer is subordinate. According to the legislation, as the State
Government deems appropriate, the Inspector-General of Police, as well as Deputy and
Assistant Inspectors-General are vested with the responsibility of the police. In the Model
Police Act, the applicable state government is in charge of the police vests. The state
government is in charge of providing a police force that is quick, successful, responsive, and
accountable. The scope of supervision is confined to enhancing “police professional
effectiveness” and ensuring that “police performance is always in compliance with the law.”
The Director-General of Police is in charge of police administration. The government can only
intervene with the Director General’s authority if there are specific rules in place or if there are
extraordinary situations. The administration will have the power to supervise, appoint the lower
ranks of officers below Deputy Superintendent of Police’s rank, deploy, transfer or disciplinary
actions with officers of the rank of Inspector of Police or lower ones, and advise on the posting
of officers of the rank Assistant/Deputy Superintendent of Police and also of the ones with
higher ranks to the government.21

3. Provision for State Police Board

The Police Act of 1861 does not include a provision for the creation of a State Police Board,
although the Model Police Act of 2006 does. Here, the state police board’s members are the
Chief Secretary, Director General of Police as member secretary, Opposition party’s leader in

18
Supra note 12
19
Indian Penal Code, 1860 (Act 45 of 1860)
20
Supra note 18
21
29 Sonia Saini, ‘Police Act 1861 and Model Police Act, 2006: an analysis’ (S S Global Law Firm, 20 July
2021) <http://ssglawfirm.in/police-act-1861-and-model-police-act-2006-an-analysis /> accessed 02 December
2021
the state assembly, Home Secretary, retired judge of the High Court selected by Chief Justice
of High Court, other five persons without a political background of proven integrity and
competence from different fields.

4. Security, Transfer, Promotion, and Appointment

The 1861 Police Act does not include any provisions addressing term security, transfer, and
Promotion. It states that the Inspector General, Assistant Inspector-General, District
Superintendents of Police and Deputy Inspector-General may remove, suspend, or reduce Any
police personnel of lower ranks whose activities were seen to be negligent while Performing
his or her duties, or unsuitable for the same, during any time. The police are Subject to transfers
according to the will of the state government. According to the Police Act of 1861, their
recruitment is according to Article 311 22 of the constitution and any rules That the State
Government may adopt under the act occasionally. The Model Police Act of 2006, on the other
hand, stipulates that all personnel must be Assigned to a specific station for a minimum of two
years to guarantee that they are free to Accomplish their duties without interference. Transfer
of officers of a specific rank or post Can be done before the two-year period has passed, but
only if circumstances are recorded Bestowed upon different authorities. The Draft Police Act
of 2006 makes precise provisions For promotion, which must be assessed by a qualifying test
and a progress report. The Appointment procedure goes through three levels – Indian Police
Service, Deputy Superintendent of Police, direct recruitment to non-gazetted ranks through
Union Public Service Commission, State Public Service Commission, state-level Police
Recruitment Board Respectively. There is also a separate recruitment criterion for armed
police.23

5. Strengthening police investigations

“Whereas it is expedient to reorganize the Police and to make it a more efficient instrument for
the Prevention and detection of crime,” the preamble of the Police Act of 1861 declares. The
Provisions of the Code of Criminal Procedure control police investigations, no explicit Section
is mentioned in the Police Act of 1861 that addresses it. The Model Police Act of 2006, on the
other hand, stipulates that the tasks of examination and maintenance of law And order must be
separated without impacting the chain of command. Specialized criminal investigation units
require suitable facilities, technological aids, and competent and trained personnel. At the state

22
Supra note 3
23
Supra note 21
level, for the detection of inter-state and inter-district crimes, Crime Investigation Department
must be established. Led by the Deputy Inspector General of Police, units with expertise should
be established to investigate homicide, cybercrimes, economic offences, and other areas that
require particular investigation skills. In all rural and urban areas, there should be Special
Crime Investigation Unit at the level of the police station. To investigate cases related to
kidnapping, robbery, murder, misappropriation, etc.

6. Police accountability

The Police Act of 1861 is completely devoid of any responsibility for the police’s actions. By
adopting some particular measures in this respect, the Model Police Acts have made the police
organisation more responsive to the public. The statute stipulates that the State Government, in
cooperation with the State Police Board, should prepare a Strategic Police Plan for the period
of five years, outlining the policing targets to be attained during that time and putting forth an
action plan for their enactment. The blueprints will be developed after the District
Superintendents of Police provide feedback on the districts’ policing requirements, which they
will then formulate in cooperation with the community. In 2006, the Model Police Act put forth
a lot of provisions. At the state level, the government of the respective state must set up a Police
Accountability Commission to investigate extremely “serious misconduct”, which is defined
as serious injury; rape or attempted rape; death in police custody, and unlawful arrest or
detention. Internal probes will be replaced by Commission inquiries, and the Commission’s
conclusions will be imperative on the police headquarters and the government. In such
circumstances, the police or the government’s only option or power is to impose punishment if
the Commission deems an officer guilty.24

CONCLUSION

Superintendence over the police force in the state is Exercised by the State Government. The
head of the police force in the state is the Director General of Police(DGP), who is responsible
to the state government for the Administration of the police force in the state and for Advising
the government on police matters. According to the Prakash Singh ruling (2006), an
Independent Police Complaints Authority Shall handle complaints against police officers, and
an independent State Security Commission Should choose top police officials. The State
Security Commission can appoint these bodies members. Court judges and legal experts must

24
Ibid
make up half of the State Security Commission And police complaints authority, as agreed by
the High Court Chief Justice. This monitoring Should include the provision of crime
investigative tools, but the Commission should not be Empowered to intervene in specific case
investigations. It can also be used to complain against Incorrect or irregular superior directions.
The Police Complaints Authority should record and Publish online complaints against police
officers. It benefits both the public and the police. The PCA’s recommendations should be
implemented. Not much has been done even after the judgment of the Supreme Court
suggested some implementations to the legislation and also studied the Model Police Act, 2006
by comparing it with the Police Act of 1861, this justifies why this Draft should be made into
an Act.