Policing: Reality & Reforms

Abstract

One of the most crucial aspects of our society is law enforcement, which deals with issues of law and order nationwide. It is an essential component of the state's legal system. The British government introduced a Police Act in 1861, which is still very relevant and based on policing. The police system prevents crimes and catches criminals, police officers increasingly help with various social services that are directly tied to society, such as helping with traffic control and supervising crowds at public gatherings. Because of the current situation and the rapid growth of technology, criminals use the newest tools available to them to commit crimes. However, stopping them or apprehending them with a large police force is a difficult undertaking that requires training and a significant financial outlay to upgrade the police force. The primary issues facing the police force that require careful consideration include corruption, a lack of openness, and innovative methods used by criminals. However, the focus of this study is current challenges and reforms in the police force. The goal of this research is to present an overview of reforms and current challenges in policing in India. What problems are the Indian police forces currently trying to solve? What steps ought to be taken to address these concerns? What kind of challenges and difficulties police force faces to maintain law and order, like legal hurdles and coordination across India? These will be the primary subjects of discussion in this research paper's subsequent parts.

Introduction

Essentially, the British laid the groundwork for the current police structure, which is mostly based on the Indian police system. The purpose of the Police Act of 18611 was to establish the police force, modernise it, and serve the purpose of the British government. India's police system is built around this act. The Police Act of 1861, which is 163 years old, serves as the foundation for the current structure and administration of the Indian Police. The Indian Commission was established in 1902-03 during British rule, and the National Police Commission established it in 1977. They discovered that the police were widely seen as being corrupt and repressive, that they were ill-trained and poorly organised, and that they lacked welfare programs, public relations efforts, grievance procedures, and other necessary tools. We still lacked a proper police administration structure even after gaining independence. Reorienting one's mindset and strategy is still necessary on the part of the police.

The Constitution gives state governments control over the police. Apart from the rupees 2,780.88 crore in 20232 that the budget allocates to support state police forces battling insurgencies, the federal government has accountability solely for the troops that it directly sustains. The history and evolution of India's police system have been the primary topics of debate thus far in this study project. That being said, the primary focus of this research is on the police reforms in India, as the title makes clear. The Indian Constitution's schedule 7 covers police on the state list.

In response, it can be argued that while the primary duty of the police is to keep the situation under control and that law and order is important, the police have frequently fallen short of their goals because of a variety of significant circumstances that affect India specifically. As a result, different exigencies have arisen. In this context, several important elements are listed as under:

Major Problems and Challenges of Policing in India

The Current Challenges of Policing: India has one of the second largest populations in the world with 141.72 crores (as per the 2022 census), after China's 141.22 Crores.3 Handling the law and order situation inside the country is one of the very challenging tasks for law enforcement agencies and among them; Police is playing one of the very core tasks.

A thorough national assessment of the police system was conducted by the NPC in 1977. The primary suggestion was to make changes to the 1973 Code of Criminal Procedure. With some changes, the Rebeiro Committee accepted the majority of the NPC's recommendations. The August report of the Padmanabhaiah committee, which was established in January 2000, had 240 recommendations, of which 154 were adopted. One of the 158 proposals given by the Dr V.S. Malimath Committee on Reforms in the Criminal Justice System, which was established in November 2000, was to establish a central law enforcement organisation. The Model Police Act of 2006 placed a strong emphasis on the police agency's functional autonomy, promoted professionalism, and elevated accountability for both behaviour and performance. In comparison to the overall sanctioned police strength (Civil + DAR + Special Armed + IRB) for the year 2022, the Police per lakh of Population Ratio (PPR) is 196.88 in 2022 as opposed to 196.23 the year before. In the Andaman Nicobar Islands, the ratio is the highest at 1,263.18.4

The goals of police reforms are to change police organisations' beliefs, cultures, practices, and policies. It calls for police to carry out their responsibilities with respect for human rights, democracy, and the rule of law. Additionally, it seeks to enhance the way that law enforcement agencies communicate with other security-related entities, including courts, prison departments, and independent, legislative, or executive bodies that have management or oversight duties.

Social Aspect of Policing

The Police System - A Colonial Legacy: The police system in our country is derived basically from the British time (1858-1947), immediately after the Great Mutiny of 1857. The British government brought an act of 1861 to setup the police force which served their purpose and controlled crime. Earlier to this there was also a policing system was existed during the Sultanate period and later to the Mughal period till the end of the 1857 revolt, but that was based on the Kotwal system. After the independence of our country, there have been tremendous changes in policing through several commission recommendations for police reforms. The challenges of policing are also equally becoming tougher due to the huge population and less adaptation of technology. This is also one of the facts that, India is one of the second in rank of policing in the world but technologically we are not fully updated due to the bureaucratic hurdle and politics.  There is a need to address civilian grievances and other stakeholders to improve policing across the country. Despite the huge police force the criminals are executing crimes, even some are having nexus within the police department. Political interference is also a big hurdle to smooth policing, which is also one of the concerns for people, wealthy and political figures easily come out from the police station or get bail due to lesser IPC but the poor and common people suffer a lot. The main challenges in front of the Police are to update themselves technologically and alter themselves to with dealing senior citizens, women, and common people which is always missing in their day-to-day policing.

Accountability to the Political Executive VS Operational Freedom: Strong accountability and efficient police reforms are essential for a just and functioning judicial system. Ensuring that law enforcement agencies respect the rights of the people they have pledged to protect is crucial in maintaining the Rule of Law. Modernisation and professionalisation of police forces are necessary to meet changing societal demands. Accountability is equally important since it serves as a vital check on the abuse of power. Public trust is fostered by an accountable police force and is a necessary component of a capable force. People only react in a calm and law-abiding manner when they feel comfortable and think that their police uphold high standards of behavior. The Indian police force faces a number of difficulties, such as political meddling, insufficient funding and training, overworked.

The Second Administrative Reforms Commission (ARC-2007) has noted that political control has been abused in the past by the political executive to unduly influence police personnel, and have them serve personal or political interests. The Second ARC has noted that police-public relations is in an unsatisfactory State because people view the police as corrupt, inefficient, politically partisan and unresponsive. Further, citizens in general fear going to a police station or dealing with the lower ranks police forces.

The retired cop said in the past, transfers were used as punishment for non-adherence to directions from politicians. Now, other methods are also used to intimidate police personnel, which include harassment, suspension, threats and even filing false cases against them. Police ensure that everyone is treated fairly and by the rule of law, which strengthens the legal system as a whole. Police accountability and reforms transcend mere administrative protocols; they are essential elements of a democratic society that prioritises justice, transparency, and the protection of individual rights.

One of the biggest issues the Indian police force has is using its vast human resource base to the fullest while maintaining its qualitative and quantitative character at the proper level. The ability of the organisation to produce the necessary skills to meet changing needs and situations, as well as the speed with which these talents are made available to the police hierarchy, are what determine the organization's performance. The system's goal is to fully use the potential that has been made accessible for the good of the business and the person.

In India, a transfer is considered a "normal incident of service," and the relevant authority will make the decision. Periodically moving police personnel and units can sometimes demoralise the force and impair investigations and productivity.

Psychological Pressure: While improvements in pay scale and promotions are necessary aspects of police reforms, little has been spoken about reforms needed at the psychological level. In the Indian police force, the lower ranks of police personnel are often verbally abused by their superiors or they work in inhuman conditions. This non-harmonious work

Understaffed and Overburdened Police Force: While the sanctioned police strength was 181 police per lakh persons in 2016, the actual strength was 137 police. The present police-population ratio of 192 officers per lakh population is lower than the UN's recommended level of 222 officers per lakh population, resulting in an understaffed and overworked police force. This is way too low when compared with the United Nations’ recommended standard of 222 police per lakh persons. Further, a high percentage of vacancies within the police forces exacerbate an existing problem of overburdened police personnel. The police forces of West Bengal, Andhra Pradesh, Uttar Pradesh, and Bihar are all severely understaffed, with less than 100 officers for every 100,000 people. The only states impacted by insurgencies and Punjab have police forces that are up to par with international standards.

As a result of understaffing, police officers are overworked, which lowers their effectiveness and efficiency and results in subpar investigations. It also causes psychological distress, which has been linked to a number of police officers' crimes, and increases the backlog of cases. Due to their excessive workload, police officers do a variety of duties including:

• Preventing and responding to crimes (such as gathering intelligence, patrolling, looking into complaints, and calling witnesses). 

• Upholding law and order and internal security (such as through crowd management, riot prevention, and counterterrorism or counterextremist activities). 

• A variety of other tasks (such as encroachment clearance, traffic management, and disaster rescue).

States' populations have grown at a faster rate than the authorised strength of their police forces, particularly in states like Uttar Pradesh and Bihar.

Police and Public Trust: A key component of policing is the public's faith in the police. The public provides the police force with credibility for doing excellent policing. This circumstance highlights several important problems that are now being discussed throughout this article in the broader field of police, including the intricate reasons for variations in crime rates. Police legitimacy, or the degree to which the public believes that officers would treat them fairly, with respect and dignity, and with trustworthy intentions, is another growing worry. According to the Second ARC, people's perceptions of the police are that they are unresponsive, politically biased, corrupt, and ineffective, which has left police-public relations in an unsatisfactory state. In addition, most people are afraid to deal with the lower echelons of the police force or visit a police station. People are more inclined to respect an officer's authority, abide by the law, and assist law enforcement in their attempts to combat crime when they view the police as genuine. On the other hand, mistrusting the police might have detrimental effects. It erodes the credibility of the police, diminishes voluntary collaboration, and decreases public readiness to provide information. Cooperation from the public, which is reliant on legitimacy perceptions, is essential to the effectiveness of police efforts to combat crime.

Criminalisation of Politics: Recent allegations of sexual harassment of women by MPs, MLAs, and government workers highlight alarming aspects of the criminalization of politics and the moral dilemmas it raises, such as moral accountability and a disregard for professional standards, among other things. The process by which individuals with criminal records or convictions enter politics and win elected office is known as "criminalization of politics." It may have an impact on democratic fundamentals including accountability, electoral fairness, and observance of the law.  The escalating threat has turned into a major issue for our community, impacting fundamental democratic tenets including accountability, law-abiding behaviour, and electoral fairness. 

Statistics of Criminalisation of Politics: The Association for Democratic Reforms (ADR) reports5 that since 2004, there has been an increase in the number of candidates elected to India's parliament who have criminal records. Thirty per cent of lawmakers in the 2009 Lok Sabha had open criminal charges; by the 2014 Lok Sabha, that number had risen to thirty-four percent. Out of the 543 Lok Sabha members in 2019, 233 (43%) were charged with a crime. A total of 112 MPs (21%) were the target of major criminal cases in the 2019 Lok Sabha elections (The Hindu).6 These cases included charges of rape, murder, attempted murder, kidnapping, and crimes against women.

There are two very strong reasons behind the growing criminalisation of politics in India, First, the relationship between lawbreakers and politicians, in India, a large number of politicians have developed strong relationships with criminal groups, frequently utilising their resources and influence to acquire political support. Second, weak judicial and law enforcement systems, it is frequently challenging to successfully prosecute and convict politicians with criminal histories in India due to the delayed, ineffective, and corrupt nature of the country's criminal justice system.

Corruption in the Police System: It is a well-known fact that corruption exists within the police department and is openly discussed nationwide. This is the fundamental cause of the police being an unreliable money-making machine that tarnishes the reputation of the entire department. Public trust is weakened by police corruption, including bribery and other types of misbehaviour. There have been instances when senior police officers have been exposed for corrupt activities, and there have also been instances where lower-level police officers have been exposed for receiving bribes. Removing this bad mark from the force that is renowned for truly helping people is something the higher authority is likewise very serious about. Some examples of corruption have been published in media that, on 9th February 2024, After the arrest of another police officer on suspicion of bribery, the Delhi Police officials have now been charged with six such cases in less than a month, according to the Central Bureau of Investigation (CBI).7 Following extensive CBI raids on the department, it has been reported that Police Commissioner Sanjay Arora directed the relevant Special Commissioner to implement corrective measures. If this is the condition of affairs in the nation's capital, Delhi, then the other Indian states are in awful and terrible conditions.

Crime Rate, Poor Investigation and Conviction Rate of Crime: State by state, Mizoram has the greatest conviction rate (96.7%) and Assam has the lowest rate (5.6%) for offenses under the Indian Penal Code. The nationwide conviction rate in India for these offenses is 57.0 per cent in 2021. According to NCRB data, 3561379 crimes occurred in 2022 alone, with a 258.1 crime rate and a 71.3 charge sheeting rate.8 Some other data as per crimes are also available in the NCRB report which is as under:

Crime against Women: In 2022, there were 4,45,256 recorded cases of crime against women, representing a 4.0 per cent rise from the 4,28,278 incidents in 2021.9

Crime against Children: A total of 1,62,449 incidents of crime against children were reported in 2022, an 8.7 per cent rise from 1,49,404 occurrences in 2021.10

Murder: A total of 28,522 murder cases in total were reported in 2022, indicating a little decrease of 2.6 per cent from the 29,272 instances in 2021.11

Kidnapping and Abduction: In 2022, there were 1,07,588 incidents of kidnapping and abduction reported, indicating a 5.8 per cent rise from 1,01,707 occurrences in 2021.12

Crime against Senior Citizens: A total of 28,545 instances were reported for crimes against Senior Citizens (those over 60), which is a 9.3 per cent increase in cases compared to 2021 (26,110 cases).13

Crime Data  2021 and 2022 (Table)

Infrastructure Issue: State police units are lacking in weapons, according to CAG audits. For instance, the state police in West Bengal and Rajasthan experienced shortages of 71 per cent and 75 per cent of the necessary weapons, respectively. 

Additionally, the Bureau of Police Research and Development has observed that the state forces have a 30.5 per cent shortfall in the necessary number of vehicles (2,35,339 cars). Nevertheless, money set aside for infrastructure modernization is usually not used to its full potential. For instance, just 14 per cent of these monies were used by the states in 2015–16.

Lack of Training of Staff, especially Constable and Inspectors:  In general, police officers have either little or minimum education qualifications, especially constable and inspector level. For this reason, they are lacking in genuineness, excellent manners, and a feeling of concern for other people, even poor investigation. The use of harsh and abusive language by police personnel is a frequent occurrence. They still typically treat the public in a harassing manner. They frequently lose sight of the fact that they work for the government, which causes the general people to become increasingly disengaged from police personnel. One of the main causes of the same is a lack of appropriate training. They are likely not instructed in maintaining polite and understanding conduct with the public during their training, however, they are taught the fundamentals of the Police Act, the Indian Penal Code, and the Code of Criminal Procedure. Maybe throughout their training, they are not informed that they work for the government and are supposed to assist and serve the general population. As a result, police officers behave more like administrators when they are assigned to tasks following training. Maintaining cordial ties between the police and the people is hampered by such sentiments.

Misuse of Power: The police work in a highly sensitive position every day. The harsh and seasoned criminals, smugglers, killers, and other anti-social forces must be faced by it. The range of tasks and obligations placed on police in the contemporary era has greatly expanded their authority. The government has granted police broad discretionary powers to deal with any circumstance or emergency, including making an arrest without a warrant, searching a home or other location, and trapping and physically harming robbers, dacoits, and other criminals they come across to the point of death. Police should generally use their discretion and other authorities with caution and good judgment; however, this is not always the case. The underprivileged and defenseless suffer from mental and physical abuse by police.

Good Policing: Serves the public effectively and continually seeks out and adopts proven best practices. Accountable: It holds its officers accountable for upholding state-of-art policies on, among other things, the use of force. In a single sentence, he defined the essence of effective policing in a free country. Numerous countries in the globe excel in policing; two from Asia are Thailand and the United Arab Emirates (UAE), and another is the US police model.

Thailand Model of Policing: Thai police are doing smart work based on the ‘The Police are the public and the public is the police” model. In the Asia continent many examples we have of the best policing, among the Royal Thai Police is one of them. For example, In Thailand when a Bag Snatcher/Carjacker commits a crime, the police catch them through public help; they call the motorcycle taxis’ chief.” More than 104,000 motorcycle taxi riders in Bangkok are supposed to team up with the police, meaning: When a bag snatching/carjacking occurs, the police will notify the nearest motorcycle taxis' chief to give a hot pursuit, and after thieves are beaten up and caught, they call the police and they will do the rest “The Public are The Police”. 

The UAE Police: The UAE police are highly equipped with the latest technology to prevent any eventual incident in their country. The UAE's security and law enforcement systems are integrated by the ministry. Keeping general law and order falls under the purview of each emirate's specific Emirati police authority. Due to their higher population and volume of tourists, the police forces of the two largest emirates in the nation are those of Abu Dhabi and Dubai.

Special Police Unit in UAE Police: Based on the British SAS, the Police Special force is a counterterrorism force. Enlistees travel to Abu Dhabi and Dubai for training, after which they are assigned to emirates without such a team already in place. Recruits come from different Asia, Africa and European countries (e.g. India, Pakistan, Sri Lanka, Bangladesh, Nigeria, Kenya, Ghana, Senegal, Yemen, Oman, Lebanon, Palestinian Territory, Indonesia, South Korea, Japan, Malaysia, Philippines, Germany, Netherlands, Greece, Italy) and other countries. The unit, which is stationed at the airports in Abu Dhabi and Dubai, is made up of 40 men and 38 women.

To monitor the city for safety issues, promote police services through awareness campaigns, and deliver exceptional customer service on social media, the Dubai Police Force in the UAE sought a technological solution. Regarding technology, the Dubai Police Force has long been considered among the most innovative in the Arab world. It was one of the first police forces to become paperless, one of the first to adopt electronic fingerprinting, and one of the first to employ DNA testing in criminal investigations. The Dubai Police Department's Social Media Section Director, Major Khalid Al Marri, is one of the force's forward-thinking leaders. In 2020, the department decided to work with Sprinklr to better serve the approximately three million inhabitants under its control.

The US Police: The United States is the superpower of the world and technologically very updated. The US police are doing smart policing due to handling multi-religious, multi-ethnic countries. In the US, unsurprisingly, a large portion of the populace believed that police had not been held responsible for their deeds. Representatives from the police union and local politicians also became embroiled in the conflict, with both sides calling for justice and protection. Increased risks for the police and, some would argue, the communities those police agencies serve resulted from the highly charged environment following Gray's murder and other high-profile events involving minorities.

In addition to federal law enforcement organisations, the United States is serviced by a multi-layered network of police jurisdictions, which include county, town, city, and state police. In the middle of the 19th century, the fundamental structural components of American law enforcement began to take shape. The geographic limits of their employers' jurisdiction govern the arrest authority of police personnel. Nonetheless, law enforcement organisations offer a wide range of official and informal collaboration and training initiatives. Conferences, seminars, and meetings offer great chances to exchange concepts, develop fresh initiatives, and raise the standard of performance of law enforcement across the country. Since both involvement and inaction might result in negative public perception, this frequently puts individual police personnel in challenging situations. And although many police issues have a definite legal remedy based on existing legislation, other, less common issues don't have any. Additionally, certain categories of law enforcement officials exhibit a higher propensity than others to meddle in the personal lives of civilians. As an illustration, allegations of domestic abuse, small-scale burglaries, and disorderly behaviour are significantly more likely to be looked into by municipal and county police officers than by state or federal authorities.14 The United States Police Department, in general, puts out great effort to manage foreign individuals, including during UN Security Council meetings and other general assembly sessions.

Complexities in Modern Policing: In modern policing, we are facing a lot of complexities and challenges in developing performance measurement approaches to perform the task.

• According to policing professionals, the most effective methods of measuring combine measurements of internal performance that are connected with desired policing goals (called outputs) and outcomes (called social advantages that the police give).

• Compared to statistical data and administrative records, surveys are an effective instrument that yields results that are easier to understand.

• The effectiveness of local law enforcement agencies in comparison to similar agencies may be determined by comparing their performance. Using "synthetic controls" to create a virtual comparison agency based on the output of many agencies is an even better strategy.

• Although linking performance to rewards is a successful strategy for achieving goals, it also runs the risk of encouraging officers to "game the system."

Technological Aspects

Community Policing Model: In India, the police force hardly does community involvement to get close to the citizens. There is a need to do better policing through using community involvement in India in every police station.  By promoting mutual respect, understanding, and local knowledge, community involvement greatly strengthens attempts to reform the police. Involving communities actively yields important information about their unique priorities and needs. Law enforcement may successfully handle challenges unique to a community by customising its methods and tactics based on this knowledge. Additionally, community interaction provides a forum for candid discussion and criticism, enabling individuals to express worries, expose misconduct, and suggest changes to law enforcement practices—all of which advance accountability.

Moreover, civic involvement fosters goodwill between the public and law enforcement. Actively involved police officers develop into personable, reliable partners that enhance communication and increase the effectiveness of crime prevention and resolution. The necessity of cooperation between law enforcement and the communities they serve is emphasised by the fact that community engagement ultimately fosters inclusive, people-centred policy improvements. Additionally, it strengthens everyone's responsibility for security and safety, which increases the efficacy of policing activities as a whole.

Technological Issue: Due to the technological and logistic shortage in the police department, they can’t do policing properly. Like transportation, wireless, backup team, nigh vision equipment and sophisticated arms to catch smart criminals. Even, to catch criminals at least one to two helicopters are needed to coordinate with ground forces. Now due to modern technology criminals are also equipped with the latest technology and arms to perform crimes.  In Europe and the US, police are technologically equipped with all the modern arms and technology so they catch criminals and solve the case in a minimum time frame.  Some are the technological tools are as under:

a. CCTV cameras: These are frequently employed for monitoring and surveillance in public locations, business buildings, and residential areas. 

b. Facial Recognition Technology: This technology recognises people from photos or videos that cameras have taken. In India, border security personnel and law enforcement organisations frequently use it. 

c. Mobile Tracking Systems: These help law enforcement organisations locate suspects or look into crimes by tracking the whereabouts of mobile phones.

d. Big Data Analytics: The process of gathering and analysing a lot of data from many sources in order to keep tabs on and trace specific people, groups, or populations is known as big data analytics surveillance. Sophisticated algorithms and software tools that can process enormous volumes of data fast and reliably are essential to this kind of surveillance. Numerous sources, including social media, mobile phones, sensors, cameras, and other digital devices, can provide data for collection.

e. Social Media Surveillance Tools: Government and law enforcement organisations use these tools to track people's online activities and keep an eye on social media activity.

f. Automated Number Plate Recognition (ANPR): This technology reads and captures number plates, making it possible to identify and follow cars that are connected to illegal activity.

g. Unmanned Aerial Vehicles: Drones, also referred to as unmanned aerial vehicles (UAVs), are remotely controlled aircraft that don't require a human pilot to operate. They often have cameras, sensors, and other equipment installed to carry out a variety of functions like taking aerial pictures and movies, carrying out surveys, and even delivering items.

h. Biometric Identification Systems: These utilise features like fingerprints, iris scans, and facial recognition to identify people based on their distinct biological traits.

i. Stingray Devices: These are handheld gadgets that imitate cell phone towers and capture signals from cellular networks, enabling law enforcement to monitor suspects' whereabouts and communications.

j. Internet Surveillance Systems: By keeping an eye on communications and internet traffic, these tools allow governments to monitor and analyse emails, instant chats, and other online correspondence.

k. Voice Recognition: This technology recognises and authenticates a person based on their distinctive voice pattern or vocal features using algorithms and machine learning. This method creates a voiceprint that can be used to identify a person by analysing multiple features of their voice, including pitch, tone, accent, and pronunciation.

l. Spyware: Designed to surreptitiously gather data from a computer or mobile device without the user's awareness or permission, spyware is a class of harmful software. 

It can be placed on a device by several techniques, including malware downloads, phishing emails, and taking advantage of holes in operating systems or software. Spyware can record conversations, log keystrokes, monitor an individual's online activities, and even take screen grabs of the device's display once it has been installed. After that, the attacker receives this information again and can use it for financial fraud, identity theft, or espionage, among other things.

Capacity Building of Police Force: There is a need to increase the police force across the country to address crime and other policing-related work. The shortage of manpower is one of the reasons for slow policing which defames the name of police across the country. 

According to statistics from the Bureau of Police Research and Development (BPR&D), the ratio was recorded at 196.23 as per approved strength as of January 1, 2022, the Ministry of Home Affairs said in a written response submitted to the parliament. The ministry said that, out of the approved 1212.39 police personnel, Nagaland had the most police manpower, with around 1189.33 officers per lakh of the population. As per the data by only 75.16 police officers per lakh of the population, Bihar has the lowest police-public ratio among the states, according to the report. West Bengal (97.66) and Rajasthan (120.39) were the other two states with poor police-to-public ratios, according to the government.

Lack of Coordination among other States: There is a lack of coordination between Police in different states, so it takes too much time and a waste of money to solve a case or to arrest some criminals. Many states hardly cooperate when other states' police looking for criminals for a particular case. There is need a for centralised coordinated efforts to catch such criminals and other investigations to reduce the time, money, and efforts of the police.

Requirement of Trained Police to Respond Quickly: Given today's criminal culture and emergencies, trained police must respond as quickly as possible. Most modern nations educate their police to respond quickly and with the least amount of harm possible. For our police force to be better equipped to handle any routine circumstance across the nation, we must train them in that manner.

Need to form Counter Terrorism Unit: The world has grown so uncertain, and widespread internet use is fuelling terrorist action worldwide. India has also had such instances over the past 30 years. Terrorists, criminals, and their sleeper cells use technology to hurt civilians by exploiting the internet, committing financial fraud, and spreading carnage and damage. It's important to recognise the current circumstances and for law enforcement officials to be prepared to respond swiftly and cooperatively with one another in the event of an incident. Additionally, the Dark Web and other advanced communication tools allowed terrorists and criminals to interact with one another via the internet, frightening the public and the authorities. There are 33,889 Police personnel deployed in Special Police Units against the sanctioned strength of 39,224. The highest number is 7,814 in Maharashtra.

Vibrant Policing Some Measures Suggested 

As per the current technological development across the globe especially in policing, here as some measures suggested to adopt for vibrant policing:

• Transforming the Indian police force into a SMART force would require them to be tech-savvy, trained, aware, and accountable in addition to being contemporary and mobile. Several studies demonstrate that individuals are more likely to obey the law and fewer crimes occur when police treat people with respect, give them a voice in encounters, and act in a transparent and accountable manner.

• Ethics and Education Training: Developing an accountability culture in law enforcement necessitates continuous instruction in human rights, ethics, and community relations. It gives officers the knowledge and skills they need to react professionally and responsibly to situations.

• Oversight Committees: The Model Police Act encourages the formation of impartial, civilian oversight committees that can offer an outside viewpoint on police activity. These committees, which are composed of community leaders or representatives, monitor and assess police acts to ensure that they adhere to the law and moral standards.

• Use of Body Cameras: Police officers may maintain an impartial record of their contacts with the public by wearing body cameras, which can be used as crucial evidence in any investigation and hold all sides accountable for their conduct. The Supreme Court of India's Prakash Singh guidelines also support the use of body cameras.

• Establish a Police Allegations Authority: Following the Supreme Court's ruling, a separate body must be established to handle and look into allegations of police wrongdoing. The 2006 Model Police Act states that establish a Police Allegations Authority. By the Supreme Court's ruling, a separate body must be established to handle and look into allegations of police wrongdoing. Each state is required to create an authority made up of retired high court judges, police personnel, and public officials from another state, according to the Model Police Act of 2006.

Existing Law and Commissions Recommendations for Reforms

Numerous commissions or committees have been established to discuss police reforms. The following discusses a few of the noteworthy commissions and their recommendations. Police reforms aim to transform the values, culture, policies and practices of police organisations. It envisages police to perform their duties with respect for democratic values, human rights and the rule of law. It also aims to improve how the police interact with other parts of the security sector, such as the courts and departments of corrections, or executive, parliamentary or independent authorities with management or oversight responsibilities.

A National Police Commission (NPC) 

Under the Morarji Desai administration, the NPC was established and made recommendations for how to increase the police force's effectiveness and professionalism. The Commission also suggested that court investigations should be required in every case of rape committed while a person is in custody, death caused by a police bullet, or disproportionate use of force. When the NPC was established in 1977, its broad purview included public relations, police organisation, roles, and duties. Eight reports were prepared by the NPC between 1979 and 1981, a major recommendation they put forward to the government for police reform. 

A thorough national assessment of the police system was conducted by the NPC in 1977. The primary suggestion was to make changes to the 1973 Code of Criminal Procedure.

Some important suggestions: 

• The Court investigations of rape cases that occur in custody, fatalities, injuries, and deaths caused by police shootings. 

• NPC also suggested that there had been flagrant misuse of authority due to political meddling in police operations. 

• The NPC recommended a few steps to ensure that police performance complies with the law and to restrict this effect on police activity to general rules. 

• The most important part of NPC suggestion was to actions to increase police sensitivity to the concerns and grievances of the disadvantaged groups in society.

• A significant revision to Section 154 Cr.P.C. has been suggested by the NPC. It would require police stations to file a First Information Report (FIR) regardless of whether the crime occurred within their jurisdiction. If needed, they would subsequently transfer the file to the relevant police station.

The study suggested phasing out all recruiting save for constable and IPS positions gradually.

A new Police Act that not only modifies the system of oversight and control over the police but also expands their role to become an impartial service provider to the community and a force that upholds the rule of law should take the place of the Police Act of 1861.The majority of the NPC's recommendations are still unfulfilled.

The Ribeiro Committee (1998): The District Complaints Authority and state-level Police Performance Accountability Commissions were suggested by this committee. With some changes, the Rebeiro Committee accepted the majority of the NPC's recommendations.

Padmanabhaiah Committee (2000): The August report of the Padmanabhaiah Committee, which was established in January 2000, had 240 recommendations, of which 154 were adopted, and 23 recommendations were not accepted. These related to IPS officers’ age of entry, police commissioner’s system in cities, compulsory retirement to those not empanelled as DIG, etc.

Malimath Committee (2000): One of the 158 proposals given by the Dr. V.S. Malimath-led Malimath Committee on Reforms in the Criminal Justice System, which was established in November 2000, was to establish a central law enforcement organisation. This committee was tasked with examining the Indian Penal Code (IPC), 1860, the Indian Evidence Act of 1872, and the Code of Criminal Procedure (CrPC), 1973. This committee submitted its report in 2003 and was related to the criminal justice system in India.

The Prakash Singh Guidelines (2006): In 2006, the Supreme Court of India handed down seven orders about police reforms in the case of Prakash Singh v. Union of India. The establishment of the Police Establishment Board, the Police Complaints Authority at the state and district levels, the National Security Commission at the center level, the continuation of the State Security Commission, the fixed tenure of the DGP, the two-year term for SPs and SHOs, and separate investigation and L&O functions were among these seven directives.

Model Police Act (2006): The Model Police Act was drafted by the Soli Sorabjee Committee, mostly following the precedent set by the Supreme Court's Prakash Singh Decision. It was "to enable the police to operate as an efficient, effective, people-friendly, and responsive agency" that the committee put out its suggestions in 2006. The Model Police Act of 2006 placed a strong emphasis on the police agency's functional autonomy, promoted professionalism, and elevated accountability for both behaviour and performance.

Functional Autonomy: The Committee has explicitly described the function of Superintendence of the State Government over the police, while acknowledging that the police are an agency of the State and so answerable to the elected political administration. The Model Police Act recommended the establishment of Establishment Committees, a State Police Board, merit-based selection and appointment of the Director General of Police, and tenure security.

Encouraging Professionalism: The Model Act aimed to provide an effective, responsive, and professional police service by designating certain personnel for criminal investigation and establishing a separate cadre for civil police in comparison to armed police.

Accountability is Supreme:  The Act was given the greatest importance, including both their performance and behaviour.

Better Working Conditions: Another goal of the Act was to give police officers better working circumstances, such as reducing their hours or offering compensation in place of one day off each week. It recommended setting up a Police Welfare Bureau to handle issues like health care, housing, and legal support for police officers and financial stability for the surviving relatives of those killed in action. It also requires the government to offer insurance coverage to all officers and to give extra compensation to those assigned to specialised wings based on the level of risk involved.

Legislative Changes: Several significant suggestions have been made by various committees. The National Police Commission (1978–1982), the Padmanabhaiah Committee on Restructuring of Police (2000), and the Malimath Committee on Reforms in the Criminal Justice System (2002-03) are the three most prominent police reform initiatives in India, according to a status report on the subject. It also refers to another Committee, led by Shri Ribero, which was established in 1998 at the behest of the Supreme Court of India to examine measures taken by the federal government, state governments, and local governments regarding police reforms and to recommend strategies for carrying out the Commission's outstanding recommendations.

On October 7, 2023, in Dehradun, Uttarakhand, Union Home Minister and Minister of Cooperation Shri Amit Shah gave the keynote lecture at the 49th All India Police Science Congress, discussing the criminal justice system. With the application of forensic science, the function of CCTNS & ICJS, and three new laws to replace the IPC, CrPc, and Evidence Act in Amrit Kal, the Indian Criminal Justice System is about to enter a new age.15 In terms of counterterrorism, the moment has come to eradicate terrorism entirely from our nation by adopting a zero-tolerance strategy and taking zero-tolerance measures, in addition to going beyond the zero-tolerance policy.The Modi administration has attempted to defend the nation from terrorism and organised crime by defining these terms under the three new criminal statutes. The Ministry of Home Affairs made several reforms in the year of Azadi ka Amrit Mahotsav to bolster law and order nationwide. Amrit Kal is the time to put these changes into practice at the local level and present the outcomes to the nation.

Current Changes in IPC: Three new criminal legislations were presented by the Indian government in Parliament during the monsoon session, and they are presently being considered. The Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Evidence Act—all of which were first passed during British rule—are intended to be replaced by these laws. Speaking at the 49th All India Police Science Congress, the Home Minister underlined the necessity to update these laws because they haven't changed since 1860. He also expressed optimism that the new criminal laws' passage will hasten the administration of justice for the people of India.

Conclusion

Despite the governments receiving explicit orders in this respect from many agencies and even the Supreme Court, nothing significant has happened in the field of police reforms. The apparent reason for the absence of political will is the political and police establishments' adamant resistance to altering the status quo. Many of the suggestions must be put into practice if police forces are to be representational and service-oriented, appropriate for democracies. Future discussions on alterations to the nation's policing system must take into account emerging technology such as Artificial Intelligence (AI), machine learning, etc. Police reform in this area is important since one of the main problems with the current police system is its lack of ethics and sensitization. To combat terrorism and other forms of terrorist activities across the nation, the police force has to be modernised and trained for such incidents. The police force's first priority is maintaining peace and order in these areas.

India is home to 144.42 crore people (2024), with over a million of them residing in its nine major cities (Mumbai, 18 million, Delhi, 16 million, Kolkata, 14 million, and Chennai, 8.6 million). In addition to these large cities, there are 300 other prominent cities. Keeping these regions peaceful and orderly is the first concern for the police.

Lack of ethics and sensitization is one of the main problems with the current police system, therefore reforming the police is essential to making the police nationwide more aware of these issues. One of the key approaches to digitalize law enforcement and lessen workload is through transparency in the filing of police reports, the presentation of those records on all police stations, and online FIRs. In addition to improving technology and new reforms, training plays a major role in police. It is necessary to invite stakeholders and civilians to the police reform meeting. There is constant criticism of the police, claiming that they are biased, connected to the ruling class or politicians, and communal. These accusations have to be investigated as well. The government should also guarantee effective police by providing additional funding for policing since this is crucial to addressing the present crime rate.

Aside from these critiques of Indian policing, there are a lot of positive aspects that are clearly apparent in the police force, from higher-level officials to lower-level employees. Many police officers do a great job of introducing innovative techniques to raise staff morale. 

Rewarding them periodically for their excellent job at the district police station would show them gratitude and provide financial support. Some senior police officers and personnel worked in conjunction with regular people, such as ladies, older citizens, college students, and schoolchildren. They kept in regular contact with these people to inquire about any issues that arose while they were moving about and were intimidated or hurt by criminals. In an era where the police are notorious for being extremely incompetent, under pressure, overworked, and, of course, stigmatised with corruption, these employees are not only acting bravely but also forging a very modest connection with the public.

Endnotes

1. The Police Act 1861, URL: 

https://www.mha.gov.in/sites/default/files/police_act_1861.pdf

2. Praveen Swamy, “Budget 2023 Energising Debates on Defence Spending but Indian Police left Begging”, The Print, Dated 02 February 2023, URL: https://theprint.in/budget/budget-2023-energising-debates-on-defence-spending-but-indian-police-left-begging/1349219/

3. The World Bank, URL: https://datatopics.worldbank.org/world-development-indicators/themes/people.html

4. Bureau of Police Research and Development (BPR&D), Data on Police Organisation, p. no.9, URL: 

https://bprd.nic.in/uploads/pdf/1716639795_d6fce11ed56a985b635c.pdf

5. The Association for Democratic Reforms (ADR) Reports, URL: https://adrindia.org/

6. 43% newly elected Lok Sabha MPs have criminal records, The Hindu, Dated 26 May 2019,  URL: https://www.thehindu.com/elections/lok-sabha-2019/43-newly-elected-lok-sabha-mps-have-criminal-record-adr/article27253649.ece

7. Sixth Delhi cop held in a month for ‘corruption’, Times of India, dated 09 February 2024, URL: https://timesofindia.indiatimes.com/city/delhi/sixth-delhi-cop-held-in-a-month-for-corruption/articleshow/107539249.cms

8. NCRB Data, Crime in India, Statistics, Volume I, page no. x, URL: https://ncrb.gov.in/uploads/nationalcrimerecordsbureau/custom/170160757CrimeinIndia2022Book1.pdf

9. Ibid. p. xii.

10. Ibid.

11. Ibid.

12. Ibid.

13. Ibid. p. xiii.

14. Policing in the United States, URL: 

https://www.sagepub.com/sites/default/files/upmbinaries/106140_Ch01_46.pdf

15. Ministry of Home, PIB,  Dated 07 October 2023, URL: 

https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1965557

References

1. Bureau of Police Research & Development (BPR&D), URL: 

https://bprd.nic.in/uploads/pdf/1716639795_d6fce11ed56a985b635c.pdf

2. Indian Police Foundation, URL: https://www.policefoundationindia.org/

3. Lok Sabha Secretariat, URL: 

https://loksabhadocs.nic.in/Refinput/New_Reference_Notes/English/Police_Reforms.pdf

4. Ministry of Homes, Status Notes on Police Reforms in India, MHA, URL: https://www.mha.gov.in/sites/default/files/PoliceReforms%28E%29181013.pdf

5. Ministry of Home: Police Reforms, URL: 

https://www.mha.gov.in/en/divisionofmha/police-modernisation-division/police-reforms

6. Ministry of Home, PIB,  Dated 07 October 2023, URL: 

https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1965557

7. NCRB Data, Crime in India, Statistics, Volume I, page no. x, URL: https://ncrb.gov.in/uploads/nationalcrimerecordsbureau/custom/1701607577CrimeinIndia2022Book1.pdf

8. Policing in the United States, URL: 

https://www.sagepub.com/sites/default/files/upm-binaries/106140_Ch01_46.pdf

9. Praveen Swami, “Budget 2023 Energising debates on Defence Spending but Indian Police left Begging”, The Print, Dated 02 February 2023, URL: https://theprint.in/budget/budget-2023-energising-debates-on-defence-spending-but-indian-police-left-begging/1349219/

10. Sixth Delhi cop held in a month for ‘corruption’, Times of India, dated 09 February 2024, URL: https://timesofindia.indiatimes.com/city/delhi/sixth-delhi-cop-held-in-a-month-for-corruption/articleshow/107539249.cms

11. Sugato Mukhergee, Police Reforms in India an Overview, Dated 2020, Haryana Police Journal, URL: 

https://haryanapolice.gov.in/policejournal/pdf/police_reform.pdf

12. The Association for Democratic Reforms (ADR) Reports, URL: 

https://adrindia.org/

13. The Hindu, 43% newly elected Lok Sabha MPs have criminal records, Dated 26 May 2019,  URL: https://www.thehindu.com/elections/lok-sabha-2019/43-newly-elected-lok-sabha-mps-have-criminal-record-adr/article27253649.ece

14. The Police Act 1861, URL: 

https://www.mha.gov.in/sites/default/files/police_act_1861.pdf

15. The World Bank, URL: https://datatopics.worldbank.org/world-development-indicators/themes/people.html