Jus Corpus Law Journal

Open Access Law Journal – Copyright © 2021 – ISSN 2582-7820

Editor-in-Chief – Prof. (Dr.) Rhishikesh Dave; Publisher – Ayush Pandey

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An Analysis of Police Act, 1861

Priti Singha

a
National Law University, Odisha, India

Received 17 January 2022; Accepted 31 January 2022; Published 04 February 2022

__________________________________

In this article, the Police Act of 1861 will be discussed which was passed during the British period. We need to focus on the
history behind its enactment and also, the police system during the pre-British era in India needs to be unfolded. We will
analyze the changes that took place in the police system after the historical Revolt of 1857. There should be a discussion on
whether the police force was used as an advantage by the East India Company and later, by the British government or not.
That can be well justified by looking into the recommendations that were made by Committees that were formed by the British
parliament to investigate the accusations that were made about the exploitation of power done by the company and we should
also know whether any of those recommendations were later implemented. The relevance of the Act in current times, what
recommendations were made in this post-independence era, and whether there were necessary amendments to this act, these all
need to be checked. Apart from that, we will talk about the future amendments that should take place to improve and
strengthen the police administration. By taking into account, the draft of the Model Police Act of 2006, this article will try to
fill the gaps prevalent in the Police Act of 1861 by comparing both.

Keywords: police, amendments, recommendations.

INTRODUCTION

Many modifications to the Indian Constitution have been made after independence, and many
statutes established by the British during their reign have been altered or altogether repealed.
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Surprisingly, there are still a few acts that haven't been updated. One of these is the 1861 Police
Act, which has had few if any modifications. The Sepoy Mutiny prompted the passage of the
Police Act of 1861. The British utilized it to put down any insurrection or nationalist movement
that occurred in the British territory. Do we still need this legislation now that the country has
been independent for over seventy years? The landscape of the country is shifting. The work of
the police is not the same as what the British used to regulate this government. Many ideas
have been made by committees, but no significant progress has been made on this legislation.
After the Supreme Court judgement of 2006, we expected to see a significant change in the
police administration but did anything change? Let's have a look.

HISTORICAL BACKGROUND

Vedic Periods

The police administration was there in India even during the Vedic period as early as the
fourth century B.C. From ‘Arthashastra’, written by Kautilya, we can find that law and order
were controlled by giving punishments as severe as death penalties. To check the crimes, a
headman was given responsibility in a village. A Chinese visitor, Megasthenese, had
commented on the scarce occurrence of crime during ‘The Golden Period’ or during the rule of
Chandragupta Maurya.

The administrative system during his time was divided into provinces, commissionaires,
districts, cities, and villages. The head of the district was known as Vishayapati and his duty
was to prevent crimes and maintain peace. The sub-division of a district was Sthaniya
which covered over 800 villages. This Sthaniya functioned under the supervision of an
officer called Sthanik who are replicated in the current post of superintendent of police. The
Sthaniya was also divided into smaller administrative units. A Gop was an officer who was
in charge of these units, namely Kharvatik, Dronmukh, and Sangathan. His responsibility
was discharged with the assistance of the whole village community. This indicates that at
the ground level, the operations took place collectively. The officers were answerable to
their superiors. Also, these superiors were capable of taking necessary actions when a

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problem was reported. There was also a police structure for specialized operations at the
district level. In a town, the police chief was Nagaradhyaksha or Nagarik which is
equivalent to the present post of a police commissioner. There were Vivitadhyaksha,
Navadhyaksha, and Mudradhyaksha patrolling in the forest areas, waterways, and suburbs
of the city, and the guards or Rakshak patrolling across different lanes of the same. These
are the facts found in Manu Smriti.1

Delhi Sultanate

When there was chaos after Mahmood Ghaznavi invaded India, the political system of India
was moved. The Turks and Moghuls ruled India. They wanted to establish their dominance
and hence, strengthen their military power. They didn’t want any police administration but
the army officials were there to look after policing activities. In the course of the Turks, the
Naib Sultan or Vail was in charge of the security of the province namely Suba or Khalsa. In
the sub-units of these provinces, the Siqdar was in-charge of Siq and Fauzdar was the head
of Parganas in the administrative sub-units of the province. However, the Fauzdar didn’t
have much role to play in the village security system except in emergencies. Here, the
Sarpanch was assigned the task to maintain law and public order. To assist the ‘community
police’, there was a government official Muhasil or Gumashta who represented the Fauzdar
and at the state level, there was Khwaza and Musharraf.2

The Mughal Rule

The Mughals wanted to sustain their rule. For that, they made all the higher posts
hereditary. They only focused on bringing changes that could benefit them in making their
grounds strong. Subedars or Governors administered the provinces and also the criminal
justice system. The officer in charge of a district was Fauzdar who had the authority to
crush any rebellion or crime that took place to maintain peace. But in reality, the Zamindar
had the duty to maintain peace and provide security to the people, and the Fauzdar kept an
eye on their work. Under the Fauzdar, each area was split into Thanas and Chowkies that

1 Manoj Kumar, ‘Accountability of Indian Police: A Historical Appraisal’ (2013) 74 IJPS 736,738
2 Ibid
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came under the supervision of Thanedar. The Thanedars were appointed by Fauzdar and
paid by Zamindars. There were Chaukidars employed by villagers and in urban areas, there
was Kotwal. A Kotwal looked into criminal matters and safeguarded the life and belongings
of the locals.

The police administrative system during the Mughals and the Delhi Sultanate depicted the
exploitative nature, oppressive mindset, and barbaric interest in the royal throne. The
Thanas were under the military command to keep an eye on the civilians and to protect
them. The poor villagers were exploited by Zamindars. Later, Shivaji modified the Persian
names into Hindu translations but did not add many changes to the Mughal system. The
hereditary appointment system was abolished and improved the intelligence and spying
system. The authority having the control to detect and prevent crimes was answerable only
to the king.3

The British Era

The Police Act of 1861 was followed by the Sepoy Mutiny or the Revolt of 1857 that
witnessed one of the huge uprisings during the British colonial reign. 4The government’s
view was “conditions of police service, machinery and work must be fairly uniform throughout
India.”5Initially, the police administrations were set up in Bengal in 1772 by Warren
Hastings6, the first de facto Governor-General of Bengal.7

VALIDITY OF THE LAW

It’s astonishing to believe that the Indian Police Act of 1861 continues to regulate the police
force, despite the fact that it is now outmoded and ineffective, rendering the force uniform.

3 Ibid
4 Hariharan Kumar, ‘The Indian Police Act and Police Reform in India’ (Ipleaders, 6 January 2014)
<https://blog.ipleaders.in/the-indian-police-act-and-police-reform-in-india/> accessed 02 December 2021
5 Prakash Singh, ‘Whither One Nation, One Police’ (The Indian Express, 30 July 2021)

<https://indianexpress.com/article/opinion/columns/one-nation-one-police-is-a-reform-that-is-long-overdue-
7429149/> accessed 04 December 2021
6 Manoj Kumar (n 1)
7 Lyall & Alfred, ‘Warren Hastings’ (Internet Archive, 16 January 2017)

<https://archive.org/details/in.ernet.dli.2015.91491/page/n27/mode/2up> accessed 07 December 2021

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Following the Revolt of 1857, the British passed this Act in order to protect their interests
and put down any future revolts.8Even if India has been independent for so many years
now, this Act continues to rule and govern the police force, with little or no modifications.
Moreover, current laws and processes such as the Indian Penal Code, the Evidence Act, and
the Criminal Procedure Code remain to constitute the foundation of the police’s standards
and procedures. Political interference is another issue. Political meddling in police
operations is becoming more common by the day. Transfers, promotions, designations, and
nominations are all subject to political meddling. Senior police officers are pressurized by
politicians to operate according to their whims and fancies, such as releasing convicted
criminals on parole to allow them to vote in elections. In turn, senior officials put pressure
on their subordinates to follow suit. If politicians’ desires are not realized, police officers are
suspended, moved, or humiliated. As a result, in order to avoid such situations, police
officers use whatever means and procedures, whether legal or illegal, to carry out the
commands of politicians.9

The National Police Commission (NPC), which served from 1979 to 1981, recognised the
necessity of a change and, in its Eighth Report, issued in 1981, began drafting a Model
Police Act. Sadly, no state has embraced this proposed measure, which was prepared in
reaction to the times and aimed to solve some of the problems that afflict policing. The anti-
Sikh riots of 1984, the collapse of the Babri Masjid on 6-12-1992, and lack of action in
enrolling or prosecuting cases of corruption, swindles, and frauds incorporating politicians
are just a few notable examples of the degradation of the rule of law or massive
infringements of citizens’ privileges arising from the inappropriate type of political
command over the police. During the Emergency(1975-1977), the police were often openly
exploited for political goals.10

THE SUPREME COURT’S DECISION OF 2006

8 Hariharan Kumar (n 4)
9 ‘Need for Police Reforms in India’ (Legal Services India, 11 May 2018)
<http://www.legalservicesindia.com/law/article/968/5/Need-for-Police-Reforms-in-India> accessed 01
December 2021
10 Hariharan Kumar (n 4)

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Prakash Singh v Union of India11

The Central Government set up a National Police Commission on 15th 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.12

 Petitioner

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. 13

 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.14

11 Prakash Singh v Union of India [2019] SCC OnLine SC 406

12 Ibid
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

14 Hariharan Kumar (n 4)

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 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. 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 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.15

The seven directives of the SC are as follows:

 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.
 Assure that the DGP is recruited through a fair, merit-based mechanism, with a two-
year minimum stay.
 The separation of the police’s investigative and law enforcement functions.
 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.
 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.
 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.
15
Ibid
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 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

Further actions

The Supreme Court established a monitoring committee, led by Justice KT Thomas, to

supervise the execution of its directions on May 17th, 2008. In many states, the structure of the
State Security Commission is influenced by the governing party’s political clout. The
opposition leader has been kept out of most state commissions, and impartial members have
been kept out as well. The independence of the DGP is critical. Numerous states have declined
to give DGPs a set term of more than one year. Even the reasons for his dismissal have been
kept opaque, citing public good, administrative necessity, and incapacity as justifications. 17

CRITICAL ANALYSIS

I. Did the Police Serve the Purpose of EIC?

In 1792, the Daroga system was introduced by the then Governor-General of India, Lord
Cornwallis. He took away the authority from zamindars to control police administration.
However, the Darogas were answerable to the district judges, i.e., the agents of East India
Company. Their job was to keep an eye on the landowners and headmen regulating the
villages that came under the respective districts in which they were appointed. The
company wanted to look closely to monitor any revolts or conspiracies that could take place
against them. These Darogas used their powers to harass and manipulate people to their
advantage. If anyone refused to listen to them, they could get him indicted of having
immoral behaviour or letting a criminal escape by not following orders of the Daroga. It
was too easy for them to collect witnesses against people, but when people had the audacity
to report the police officers to the Collector, they were never punished. These Darogas also

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-judgement-
police-reforms/> accessed 03 December 2021
17 Ibid

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failed to regulate the village police due to which they became responsible to the company
only.

This system seemed to collapse and was mentioned in the Preamble to Regulation XII of
1807. In the aftermath, this system was scrapped in 1814 and then the traditional system of
village policing was adhered to. Here, the police were answerable to the people. Under
Regulation X, the post of Superintendent of Police was created that is corresponding to the
Inspector General of Police in recent times. These points were drawn out from the facts put
forward in the Judicial Letter to Bengal on 20-10-1824.18

In 1852, the British Parliament set up a Select Committee to check the functioning of the East
India Company with respect to the police administration. They came to a conclusion that
the company controlled the police force to oppress people and were not accountable to the
people and thus, their powers went unchecked. These facts were verified in accordance with
the Torture Commission formed in 1854. The objective of this commission was to find out
whether the allegations of brutal treatment against the Company were relevant or not. On
16th April 1855, the commission detected potholes in the existing system and suggested
improvements. It stated, “Corruption and bribery reign paramount throughout the whole
establishment, violence, torture, and cruelty are their chief instruments for detecting crime,
implicating innocents and extending money.”The only aim of the company was to make money
and the police were meant only to expand their income. These police officials were very
unethical as they were corrupted and took bribes. This trail followed by the company
agitated the locals which eventually led to the Revolt of 1857. By this time, the British
Crown had taken over the governance from the company and now, the Government had
the access to the reports of the First and Second Law Commission. Due to this, within 22
days, the Police Commission drafted a report on the Indian Police Act. Later, the Indian
Police Act, 1861 was passed.

But these reforms by Police Commission in 1860 weren’t as fruitful as expected and hence,
later the Fraser Commission was formed in 1902 under Viceroy Lord Curzon. The Police

18 Manoj Kumar (n 1)
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Commission 1902 remarked, “The police force is far from efficient... It has utterly failed to procure
the confidence and coordinate cooperation of the people.”19 It indicated that the police force was
used by the company not to maintain law and order or to check the crimes occurring in
their territory, but to use ruthless means to oppress the independence movements, and
hence, they introduced CIDs. Crime Investigation Department (CID) was introduced to the
Department of Criminal Intelligence (DCI). The main purpose of abolishing the Thugi and
Dakaiti Department20is supposed to be for investing in ‘conventional’ crimes. But it is
claimed by some scholars that he could feel evolving nationalism in colonized India.

When the Swadeshi, Indian Home Rule, and Non-Cooperation Movement were initiated by
the nationalists, this department started observing the activities of nationalist organizations.
For instance, they even pioneered the shorthand adaptation of the vernaculars printed and
published in the southern parts of the country to understand the political speeches and to
use the vernaculars against them in court. The original functions of the department were
veiled when it was divided into different units. The first one was for the political
investigation that was called the Special Branch and the other one was for the detection of
‘conventional’ crimes as they had stated earlier.

Due to this Act, the number of official members increased who were British subjects and on
the other hand, they decreased the count of elected official members. The British subjects
were very oppressive and were a disappointment for the locals.21 But Act 5 of Police
Commission 1902 was not relevant in the provinces of Bombay and Madras so it was
suggested to be applicable there also. In the meantime, Rules/Regulations were passed in
different states in accordance with the central legislation.22 For the police, independence
would have meant only the change in government but wouldn’t have made them

19 Ibid
20 ‘Lord Curzon - Governor General and Viceroy of India’ (GKToday, 18 October 2011)
<https://www.gktoday.in/topic/arrival-of-lord-curzon-1899/#Police_Commission_Sir_Andrew_Frazer>
accessed 03 December 2021
21 David Arnold, ‘The Police and Colonial Control in South India’ (1976) 4(12) SS 7, 9
22 Prakash Singh (n 5)

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accountable to the people. They didn’t care about the laws prevalent at that time, they only
followed the orders of the higher authorities.

The police undoubtedly served the purpose of the company to maximise their profits and
later, benefitted the government to suppress the nationalist movements. The government
spent its money to create a comparatively smaller, yet specialized and capable police unit in
the late 1920s. There was no constabulary in rural areas on a large scale anymore. Instead,
there was the formation of heavily armed and highly disciplined units which can give a
quick response to control and oppress any disturbance or resistance that could cause any
political or religious riot. This made police cooperation inaccessible to the public in mass
and heightened the repressive and despotic nature of the British government. 23

II. COMMISSIONS AND THEIR REPORTS

The issue of “Police” is included in Schedule seven of the State list the following
independence. On rare occasions, the federal government may compel state governments to
enact the necessary police reforms in order to fulfill public expectations. The introduction of
police reforms is the need of the hour. Even if a lot of reports have been proposed by
different commissions and committees, there was no further implementation. Let’s discuss
some of the major committees and their reports in this section.

Gore Committee - In November 1971, the Indian government established a committee to

examine the current police training programs and provide suggestions on how officers may
enhance their efficiency. One of the most essential components in enhancing police morale
and dependability is training. Under the chairmanship of Prof. MS Gore, who is a social
scientist, many reasons were stated to back their proposal of the introduction of police
training. They felt it would help the officials develop the necessary skills and experience. It
would also improve their potential in making decisions and more effective strategies. The
committee focused on extending the scope and substance of police training on human
behavior recognition from the most limited to the most comprehensive.

23 David Arnold (n 21)

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National Police Commission - Under Dharamveer’s guidance, the Union government

founded the National Police Commission in 1977. The Commission was provided specific
information about new areas of the force, such as relations between the police and the
people and political engagement in police operations. The Commission presented eight
findings and comprehensive solutions on critical police topics between 1979 and 1981. The
committee proposes that all nations form a State Security Commission, as well as that the
investigative process is free of outside pressure, that the police chief is appointed for a
certain period of time, and, most critically, that a new Police Act be conceived and drafted.

Vohra Committee - The Vohra Committee, led by Home Secretary NN Vohra, was created
by the Indian government in 1993 to look into the issues of political criminalization and the
links between crime and politics. The Committee identified an almost comparable criminal
ring operating in conjunction with the government. Criminals have entered politics,
according to the study, and are thereby abusing the state police system for their own gain.

Ribeiro Committee - The Indian government constituted the Ribeiro Committee in May
1998 to adhere to the Supreme Court directives emanating from a PIL filed with the
National Police Commission for Recommendation (1977). This committee was given further
time to look at the actions taken “to execute the recommendations of the NPC, the National
Human Rights Commission, and the Vohra Committee,” according to the NPC. The Ribeiro
committee made two recommendations to the Accountability Commission and the police
Performance, including the formation of an advisory function and the development of an
advisory position.24

FUTURE PROSPECTS

The police’s workload has grown recently. The police now have an even more essential role
to play: maintaining law and order. They must plan arrangements for festivals, VIP visits,
and other events. They must enact preventative legislation to safeguard the weakest
members of society. During times of conflict, insurrection, diseases, and calamities, they

24Aditya Singh, ‘Judicial response to police reforms in India and their implementation’ (Ipleaders, 2 June 2021)
<https://blog.ipleaders.in/police-policing-india-historical-perspective/> accessed 02 December 2021
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must preserve civic morale. In addition, the police must maintain national security by
preventing turmoil, gang battles, and strikes, among other things. The police make an
honest effort to carry out all of these duties. Despite their efforts, the police are not much
liked by the general public. Instead, there is no chance to attack and blame the whole police
department for the wrongdoing of a disgruntled officer. Because the police are a
disciplinary agency, they are required to adhere to the highest standards of conduct and
demonstrate exemplary behavior. Despite the public’s lack of compassion and gratitude, the
public expects the police to maintain its security and protect its people and property. 25

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, 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.26

Drafted by the Soli Sorabjee Committee, the Model Police Act of 2006 27was 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

25 Ibid
26 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
27 RK Vij, ‘Explained: Why it’s a good idea to have police commissioners in the bigger cities’ The Indian Express, 11

December 2011) <https://indianexpress.com/article/explained/why-its-a-good-idea-to-have-police-

commissioners-in-the-bigger-cities-6259456/> accessed 10 December 2021
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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.28

AN ANALYSIS BETWEEN THE POLICE ACT, 1861 AND THE DRAFT MODEL POLICE
ACT, 2006

1. Scope of the Acts

The Police Act of 1861 is neither the single nor the most important statute governing police
activities. The Indian Penal Code, 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

28 Vishruti Chauhan (n 26)

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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, 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. 29

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 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.

29Sonia 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
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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 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. 30

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

30 Ibid
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investigation units require suitable facilities, technological aids, and competent and trained
personnel. At the state 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.31

31Ibid

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CONCLUSION AND SUGGESTIONS

This article was about the Police Act of 1861. We talked about the reason due to which this
act was enacted and what was the aftermath of passing this act. This article unveils the
benefit that the police provided to the East India Company. It discussed the problems in the
police system before and after independence. It examines a few major reports by a few
committees which were assigned the task to present recommendations. This checked the
validity of the act with respect to the current time. Finally, this article looked into the future
prospects of this act. Not much has been done even after the judgment of the Supreme
Court soI suggested some implementations to the legislation and also studied the Model
Police Act, 2006 by comparing it with the Police Act of 1861, this article justifies why this
draft should be made into an act.

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