Role of Police and its Power to Investigate

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Introduction

In a multifaceted and diverse society, the Indian police system plays an essential role in the maintenance of law and order, public safety, and justice. The police force in India similar to that of any other country, continues to implement historical practices, and modern changes that are in place are expected to apply the law and provide protection to the citizens. With a structured framework, the police are empowered to investigate crimes and enforce laws that further help to protect the citizens. The roots of the Indian police system can be traced back to the colonial era, particularly to the Police Act, 1861 established during British rule. This act has been predominantly aimed and used for the prevention and regulation of protests and thus played a major role in defining the architecture and dynamics of Indian police for over one hundred years. After independence, although the structure of the police system was more or less the same; however, different changes have been initiated to ensure that the police force of the country is more compatible with the democratic polity of India as well as human rights. In this article, we will explore the police role in India, police powers in India, police investigation process in India, arrest powers of police in India, the role of technology in police investigations, and related topics. 

Role of Police in India

As mentioned earlier, the police’s role in India is very important to maintain law and order, prevent crimes, and ensure justice. Let us discuss some of the crucial roles of the police in India.

• Law Enforcement: Among its roles, the police mainly perform the task of maintaining and enforcing laws and order. This comprises crime prevention, criminal investigation, and apprehension of offenders. Another function of the police is to keep law and order as well as to handle any rise of disturbance.
• Public Service: Besides enforcing the laws of the state and apprehending criminals, the police have a social responsibility. They help during emergencies, control traffic, work during natural disasters, and contribute to the execution of programs formulated by the Indian government.
• Crime Prevention and Detection: Some of the police’s activities involve patrolling neighborhoods, observing suspicious characters, people, or objects, and even interacting with the people in the community to foster trust and cooperation. Even when crimes happen the foundation of the police is to conduct investigations in these matters with a view of collecting evidence, identifying culprits, and assembling charges to be laid against them.

Police Powers in India

In India, the police are endowed with various powers which are primarily governed by the Constitution of India, the Code of Criminal Procedure (CrPC), and other specific laws. Let us delve into major police powers in India including powers of police to investigate under CrPC.

Police Powers to Investigate

The police, upon receiving information about the commission of a cognizable offence (serious and heinous crime) are required to register a First Information Report (FIR). Under Section 154 of the CrPC (FIR filing in India), FIR is registered regarding the cognizable offence. This Section states that “Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe…” It marks the beginning of the formal investigation process. The police have the authority to conduct investigations, collect evidence, and interrogate witnesses, under Section 156 of the CrPC. Moreover, to gather and analyze evidence such as DNA and fingerprints, the police can utilize forensic science and technology.

Arrest Powers of Police in India

Arrest powers of police in India are elaborated under Section 41 of the CrPC. The police have the authority to arrest individuals suspected of committing a crime. Police can arrest an individual with or without a warrant depending on the nature of the offence that is whether it is a cognizable or non-cognizable offence. To ensure that arrests are lawful, proper processes and legal standards are to be followed. In certain situations, such as preventing a crime or maintaining public order, the police may also make preventive arrests under Section 151.

Search and Seizure Powers of Police in India

The police have the authority to conduct searches of different places and seize items relating to the investigation of cognizable offences. Section 165 of the CrPC deals with ‘Search by police officer’. The searches can be conducted without a warrant while dealing with cognizable offences and a warrant is required while dealing with non-cognizable offences.

Interrogation and Custodial Powers

Police is authorized to interrogate the suspect and witnesses to obtain the information related to the investigation. But they have to respect legalities in order not to force the suspect and the latter’s confession and statements are supposed to be voluntary. 

Other powers of police to investigate under CrPC are defined under Section 157 (Procedure of Investigation), Section 159 (Power to hold investigation or preliminary inquiry), Section 164 (Recording of confessions and statements), Section 167 (Procedure when investigation cannot be completed in twenty-four hours), Section 172 (Diary of proceedings in investigation), and Section 173 (Report of police officer on completion of investigation). 

Police Investigation Process in India

The process of police investigation is governed by the Code of Criminal Procedure. 

• The investigation process begins with the registration of a First Information Report (FIR). When a cognizable offense is reported, the police are mandated to record the information provided by the complainant in the form of a written document.
• Upon receiving an FIR, police conduct a preliminary investigation to verify the facts. This may involve gathering evidence, interviewing witnesses, and inspecting the crime scene. During the investigation, police officers can record statements of witnesses and suspects. Statements made to the police are generally not admissible in court but are crucial for building the case.
• After this, the police gather various forms of evidence, including physical evidence, forensic samples, and witness testimonies. If sufficient evidence is found, the police may arrest suspects.
• Upon completing the investigation, the police submit a report to the magistrate under Section 173 of the CrPC. This report can either be a charge sheet, indicating sufficient evidence to proceed with prosecution, or a closure report, if the evidence is insufficient.

Custodial Torture in India

Custodial torture, or the use of physical and psychological abuse by police while individuals are in their custody, or police brutality, remains a grave issue in India. Despite legal safeguards and judicial oversight, instances of torture and abuse continue to be reported. The use of torture is prohibited under the Constitution of India and various international human rights treaties to which India is a party. The Supreme Court of India has also issued guidelines to prevent custodial torture. Despite these legal provisions, challenges such as inadequate training, lack of accountability, and systemic issues contribute to the persistence of custodial torture. Addressing these issues requires comprehensive reforms and stricter enforcement of existing laws. Efforts to curb custodial torture include the establishment of oversight bodies, improved training for police personnel, and stricter adherence to legal procedures.

Role of Technology in Police Investigation

Technology has significantly transformed police investigations in India, enhancing the efficiency and effectiveness of law enforcement. Advances in digital forensics enable police to retrieve and analyze electronic evidence from computers, mobile phones, and other digital devices. Moreover, the use of surveillance cameras and other monitoring technologies helps in crime prevention and investigation. CCTV footage is often used to identify suspects and gather evidence. Data Management is another technology that aids in managing and analyzing large volumes of data, including crime records, witness testimonies, and forensic reports. This improves the efficiency of investigations and helps in tracking patterns of criminal activity. Along with this, modern communication tools facilitate better coordination and information sharing among different police units and between the police and the public.

How many Types of Police in India?

The police system is structured into various types in India each with distinct roles and responsibilities. Below are the types of police organizations in India:

• General State Police, India’s every state has its police force headed by a Director General of Police (DGP),
• District Police, The Police are divided into districts within each state, each led by a Superintendent of Police (SP),
• Central Reserve Police Force (CRPF),
• Border Security Force (BSF),
• Central Industrial Security Force (CISF),
• National Security Guard (NSG),
• National Investigation Agency (NIA),
• Sashastra Seema Bal (SSB),
• Railway Protection Force (RPF),
• Anti-Terrorism Squad (ATS),
• Crime Branch,
• Economic Offenses Wing (EOW),
• Traffic Police,
• Civil Defence,
• Home Guards,
• Indo-Tibetan Border Police (ITBP), and many more.

Challenges and Reforms

Despite their significant powers, Indian police face numerous challenges. Issues such as insufficient training, lack of resources, political interference, and public perception of corruption can hinder effective policing. There are ongoing efforts to address these challenges through reforms aimed at improving transparency, accountability, and the overall efficiency of the police force.

Recent reforms include the introduction of specialized units for various types of crime, enhanced training programs, and the adoption of modern technology in investigations. Additionally, there is a growing focus on community policing models that prioritize building trust and cooperation between the police and the public.

Supreme Court Judgments on Police Powers

• Hema vs. State, through Inspector of Police, Madras (January 07, 2013)
• Arnesh Kumar vs. State of Bihar & Anr. (July 02, 2014)

Conclusion

The police force in India interacts with the public and performs the function of a legal executing agency, a preventive force, providing public services, and much more. The investigative powers as provided by the CrPC and other laws are very important in ensuring that justice prevails. As India changes to a newer shape so does the police force needs to rise to the new issues as well as changes that have taken place in India. Only then it is possible for the maintenance of a proper and fair legal structure in India that there is a clear knowledge about the roles and powers of police.