Essay on the concept of Police legislation in India (Act)

The Police Act of 1861 remains the central piece of legislation that governs all aspects of policing in India. Much of police work is also administered by the Indian Penal Code (IPC), the Code of Criminal Procedure (Cr.P.C) and the Indian Evidence Act 1872. The 1861 Act was established directly after the Indian Mutiny of 1857.

The experience of such firm resistance led the colonial rulers to impose a regime police force upon their subjects, which could be used solely to consolidate and perpetuate their rule in the country. In fact, the 1861 Act instituted a police system designed to be absolutely subservient to the executive and highly authoritarian. The managerial philosophy of the police hierarchy was based on distrust of the lower ranks.

The advent of Indian independence transformed the political system, but the police system retained its colonial underpinnings. The Police Act of 1861 was not replaced. Political control over the police remained intact.

Implanting mechanisms to assure accountability of the police to the public it serves did not become a priority, as it should have.

The managerial philosophy, value system, and ethos of the police remained militaristic in design, and suppressive in practice. To this day, the police system in India can be characterized as a regime force, which places the needs of politicians or powerful individuals over the demands of the rule of law and the needs of citizens.

The years after independence witnessed the enactment of new legislation in several states of the country. The first to come into force was the Bombay Police Act of 1951, which also governs the police forces in Maharashtra and Gujarat. Next came the Kerala Police Act of 1960, followed by the Karnataka Police Act of 1963, and lastly the Delhi Police Act of 1978.

Most recently, the government of Madhya Pradesh framed a Police Bill, 2002. Unfortunately, these new Acts were patterned almost exactly on the model of the 1861 Act, resulting in no significant improvement in the performance or behaviour of the police forces.

In fact, some of these state Acts tightened political control even further over the police force, without introducing any safeguards to prevent misuse of the police for partisan purposes, or creating effective mechanisms to ensure police accountability.

The Central and State Police Acts are given below in chronological order:

1. The Police Act of 1861

2. Bombay Police Act 1951

3. Kerala Police Act 1960

4. Karnataka Police Act 1963

5. Delhi Police Act 1978

6. Madhya Pradesh Police Bill 2002

More than half a century after independence, the Police Act of 1861 – an instrument of British colonial rule – still regulates the operation of the Indian police force.

The current public perception of the Indian Police Service is in large part due to the structure of the 1861 Act. Attempts have been made by some non-governmental organisations (NGOs) to expedite the process of police reforms in India. The efforts, however, have met with little cooperation from the government or the police.

Policing in India consequently remains plagued by political interference, a lack of basic training, virtual absence of accountability and a poor public image. Brutality has become endemic in police would the general public believes that the police are more likely to harass them than help them, and they rarely seek police assistance.

The police force, on the other hand, must contend with low pay, p working and living conditions and high levels of stress.