India Police is believed to enforce law in our country, to help the needy and
penalize the criminal. The unbiased nature of the police force helps to resolve
legal investigations and criminal emergencies. They are executed under the state
region. Arresting the accused ones is their foremost duty. For every occurrence,
a police officer files a report as evidence for further investigation process.
According to the preamble of Police Act 1861 The Police officer is
an instrument for the prevention and detection of crime. The head of the
overall police department is Director General of Police and in District this
power is vested by Superintendent of Police (S.P.)
Role of Police
- To reduce/prevent criminal activities.
- To save Public from criminals.
- To maintain and promote public order.
- To give security to the people of the society.
- Prohibit sale of illegal substance like (drugs, weeds etc.)
- To perform special duties while visit of any VIP.
- To Register Zero FIR.
- To register complaint brought by complainant.
Power Under CRPC
CRPC – It stands for Criminal Procedure Code. It was enacted in 1973 and came
into force on 1 April 1974. It is a procedure law. So, in CRPC there are many
powers which are given in Chapter XII to the police. Basically we can say these
powers are their investigation power and they start from Section 154-172.
These Powers are:
- S. 154 – FIR is given under this section.
- Where the police officer has otherwise reason to suspect the commission
of a cognizable offence [S. 157(1) & 156(1) CRPC] or
- Where a competent Magistrate orders the police under Section 153(3)
without taking cognizance of the offence on a complaint under section 200.
- After taking cognizance of offence on a complaint for the purpose of
deciding as to the issue of process against the accused. [S. 202(1) & S.203 CRPC]
- Power to investigate in cases of non-cognizable offences: S.155(2) CRPC
- Procedure to investigate in case of cognizable offence. S.156 CRPC
Case law – Tula Ram v/s Kishore Singh
In this case it was held that a magistrate can order investigation under section
156(3) only at the pre- cognizance stage.
- Procedure for investigation: S.154 CRPC
State of Maharashtra V. Sarangdhar Singh Shivdas Singh Chavan
In this case court held that even without any FIR if a police officer in charge
of a police station has reason to suspect the commission of cognizable offence,
he can proceed to investigate the offence under section 157(1).
- Power of police to require attendance of witness. (Sec 160)
- Examination of witnesses by police. (Sec 161)
- Power to submit charge sheet after completing investigation. (Sec 173)
Other powers of police under CRPC
- Medical examination of the victim of rape.
- Search by police officer.
- Police seeks police custody under section 167. When investigation is not
completed within 24 hours, police custody is given maximum up to 15 days.
This is called as police custody.
- The magistrate may authorize the detention of the accused person
otherwise then in the custody of police beyond the period of 15 days, if he
is satisfied that adequate grounds exist, but the detention should not
exceed 90 days where the investigation relates to an offence punishable with
death, life imprisonment, or 10 years imprisonment and detention should also
not exceed 60 days in case of other offence.
- On the expiry of said period of 90 days or 60 days the accused shall be
released on bail if he is prepared to and does furnish bail.
- Police can release the accused when evidence is deficient as per section
- Police power to inquire and report on suicide is given in section 174.
Q. Indian Police resolute or temperamental?
As we all know Indian Police is quite efficient in their work,
if we see cases like Kamlesh Tiwari murder case (2019) in which U.P. Police team
carried out the best investigation
which was supported by the technological
and digital domain. In this case no redundant time was wasted in collecting
evidence and the enquiry was accelerated.
When this case was solved, U.P. Police D.G.P, O.P. Singh in an
interview with India Today said it was the Best investigation
till date in any
- Hyderabad Gang Rape Case – In this case Hyderabad police did an extra
ordinary work and had solved the case within 24 hours and 4 accused were
shot dead in the encounter by the police.
- In Dec 18, 2019 Maharashtra Police solved 7 months old murder case just
using a shirt button. This murder case was solved by Aurangabad Police just by using a
tiny piece of evidence that was a shirt button from the crime scene.
- Batla House encounter (2008) – It is the one of the famous encounter which was
done by Delhi police in 2008. The team was lead by the super cop Mohan Chandra
Sharma. In this encounter two terrorist were killed and two were arrested by the
Delhi police in the Jamia Nagar, Delhi.
Reading such cases gives a sense of relieve and the extra ordinary
courage and bravery shown by Indian Police is remarkable. By these cases they
have set an epitome of excellence in front of their name.
But if we go through cases like Salman Khan-Hit and Run case in
which Ravindra Patil who was the prime witness against Salman Khan was turned
insane by his own department. Before Patil was dead his last statement was I
stood by my statement till the end. But my department didn't stand by me. I want
my job that I want to survive. I want to meet the Police Commissioner once.
These were his last words. According to his statement it has been clearly stated
that tampering with evidence has been done by the police.
Sushant Singh Rajput Dead Mystery:
In this case Mumbai police has shown lack
of professionalism on their duty. According to media reports, police has ignored
many facts and has done manipulation with the evidence. Example- Not giving Sushant's laptop to Bihar Police earlier.
Unnao Rape Case (2017):
In famous Unnao Rape Case where victim's father was
killed in Police custody and she herself was not supported by the police and
later Suo Moto was taken by the Allahabad High Court and then CBI arrested
Kuldeep Sengar (M.L.A) was prime accused in this case.
Does this justify the temperamental nature of Indian Police?
A common thing seen here is that the civil citizens or the innocent ones being
suppressed by the aristocrats of the society. And the biggest irony is the
support from the law abiding authorities, where, they pledged to serve the truth
and maintain transparency they are simply displaying an opaque vision to their
In Sushant Singh Rajput dead Case, Unnao Rape case, Salman
Khan-Hit and Run case
, biased nature of Indian Police was seen. Their decisions
We can say that police is an indispensible part of our society
reducing crime and disorder. They are the building blocks of a strong community.
Democratic laws and police force go hand in hand. Police force in expected to
work in an ideal way and they must exercise their power sparingly not
arbitrarily. Indian police has somewhat become rowdy and tempestuous. These
issues require a lot of attention.
by- Avinash Singh Jeena