1

DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

PROJECT TITLE
INVESTIGATION BY POLICE IN INDIA- NEED FOR CHANGES

SUBJECT
CODE OF CRIMINAL PROCEDURE

NAME OF THE FACULTY

NAME OF THE CANDIDATE: S.V.S.S.G.AKHIL

ROLL NO.: 19LLB063

SEMESTER-4
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ACKNOWLEDGEMENT: -
I would sincerely like to put forward my heartfelt appreciation to our respected Law of Criminal
procedure code professor, MS. SOMA BATTACHARJYA, ma’am for giving me this
opportunity to take up this project regarding “INVESTIGATION BY POLICE IN INDIA-
NEED FOR CHANGES”. I have tried my best to collect information about the project in
various possible ways to depict clear picture about the given topic.
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TABLE OF CONTENTS

1. ABSTRACT……………………………………………………………………………………4

2. INTRODUCTION…………………………………………………………………………….5

3. RESEARCH DESIGN………………………………………………………………………5-8

4. SCIENTIFIC AID TO INVESTIGATION………………………………………………8-14

5. SEPARTION OF INVESTIGATION WING………………………………………….14-18

6. POLITICAL INTERFERENCE IN INVESTIGATION………………………………18-21

7. CONCLUSION…………………………………………………………………………...21-22
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ABSTRACT

Every aspect of our lives is touched by the police department, including traffic, passport
verification, crime investigation, and protection (during festivals, Fashion Shows, VIP visits,
cricket etc. events). In this capacity, police work to "maintain law and order" and "prevent
illegal crime," and they play a critical role in ensuring citizens' safety and dignity. “A thief can
be really clever, but he still leaves a clue,” it is said. In criminal trials, the plaintiff must prove
the case beyond a reasonable doubt, and police investigation is crucial to the wrongdoer's
prosecution. Improper police investigation in a criminal case canvo result in a person's freedom
from prosecution or even a false conviction. The problems faced by police officers when
investigating a crime were addressed in this article, as well as recommendations. The existing
challenges like lack of scientific investigation, separation of Investigation wing from law &
order and political interference in police investigation are identified and the reports of various
committees and commissions have been analyzed to propose the required changes
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INTRODUCTION

Humanity has recognised the need for improved criminal justice administration since the
beginning of civilization, and it remains a priority of human endeavour. The criminal justice
system is one of the most important aspects of administration in western democracies. Over time,
a number of institutions have emerged to administer justice to the people. The investigation
agency is one of the distinct components or constituent elements in the operative portion of the
criminal justice system. Under entries one and two of the Sate List (List II) of the VIIth Schedule
of the Indian Constitution, state governments are empowered to enact laws relating to police. The
Indian Penal Code 1860, the Criminal Procedural Code 1973, the Indian Evidence Act 1872, and
the Police Act 1861 are all used by the police agency in criminal investigations. Sections 157 to
173 of the Cr.P.C. define the powers and duties of a police officer conducting an investigation.
Since the prosecutor must prove the case beyond a reasonable doubt, improper investigation will
always favour the accused. Benefits resulting from a flawed investigation will go to the accused,
not the prosecutor.1 Hence it is necessary to conduct investigation impartially, as per the law &
within reasonable time.

OBJECTIVE OF THE STUDY

To know the challenges faced by police officials during investigation and to propose the needed
changes by analyzing different reports of law commission and commissions appointed by the
government

RESEARCH QUESTION

Whether the changes are really necessary in the existing process of criminal investigation?

HYPOTHESIS

The existing process of criminal investigation is facing many challenges due to political
interference, lack of scientific aid to investigation and due to vast number of tasks to perform. To
tackle all these problems, there is a need for changes in the existing system. There is no need to
prepare a new set of reforms because there are many committees which proposed vast number of
solutions for every single problem faced by the police during investigation. It is just in the
1
Kailash Gour v. State of Assam, (2012) 2 SCC 34.
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implementation and adoption of these changes in the existing process. So here the hypothesis is
there is an absolute need for the changes in criminal investigation system. The independent
factor here is need for the changes and the dependent fact is criminal investigation system

LITERATURE REVIEW

 INTRODUCTION

The researcher has analyzed many secondary sources like law commission reports, National
police commission reports and state police commission reports to substantiate with his
hypothesis and to identify the challenges. By analyzing these reports, he proposed many
recommendations to tackle this problem

 CONTEXT

THESIS

ROLE OF SCIENTIFIC AID TO INVESTIGATION IN ADMINISTRATION OF

In this thesis, the author divided entire paper into six chapters where she started with importance
of scientific investigation, highlighted the existing scientific techniques and analyzed the
different commission reports and at the end she had proposed some solutions to adopt these
techniques but she had not given importance to article 20(3) of the constitution through which
the court in Selvi v State of Karnataka, stated that without the consent of the accused scientific
techniques like Lie detector tests, Brain Mapping and Polygraph should not be performed

REPORTS

154TH LAW COMMISSION REPORT ON CRIMINAL PROCEDURE CODE

Under Justice Jaya Chandra Reddy, law commission prepared this report with the objective to
revise the criminal procedure code for which they had divided it into twelve chapters. In the
chapter 3, they had analyzed the need for separate investigation agency. In this chapter, they
identified the problems faced by police officials due to their long routines and also highlighted
large number of acquittals due to lack of proper investigation professionals and reiterated for
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separate investigation agency but they did not focus on the resources of the state to train those
police officials and to employ more number of expertized people

NATIONAL POLICE COMMISSION 1977-1981

The National Police Commission (NPC) was established in 1977 to investigate police issues and
conduct a thorough review of the national police system. Between February 1979 and May 1981,
the National Police Commission issued eight reports. In the second report, they highlighted the
fact that there should be no political interference in police investigation as this leads to breaking
of faith on police system to the general public but these recommendations never came into
limelight

 CONCLUSION

Even though many committees gave their reports when it comes to implementation there is very
less progress. This is because of the absence of political will and the above reports lack the part
of way of implementation of these reforms

RESEARCH METHODOLOGY

 NATURE OF STUDY

Researcher has conducted Analytical and critical legal study as this problem involves a careful
examination of conditions of police officials i.e. problems faced by them during the investigation
to get a conclusion that whether there is a need for changes in the criminal investigation system
and this analytical and critical study also involves providing some recommendations based on
the conclusion

 SOURCES

The main sources for this research is law commission reports, national police commission reports
and other secondary material related to criminal investigation system

SCOPE OF STUDY

The researcher restricted it only to three forms of changes ie. Scientific aid to investigation,
political interference and separation of investigation agency from Law & Oder
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1. SCIENTIFIC EVIDENCE AID TO THE INVESTIGATION IN INDIA

Science and technology have also had an effect on criminal investigation techniques. Scientific
investigative methods, especially in Western countries, have had a significant impact on the
police methods for crime detection and prevention. All of this recognises that, in order to be
effective in combating the crime issue, a police investigator should use modern methods of
investigation whenever and wherever possible, rather than crude and old-fashioned methods of
investigation. In reality, the police's reputation today is based on their ability to use new
investigative techniques to solve crime problems. As a result, technological rather than human
aids are often used by the police in their efforts to fight crime. The modern investigator is not the
same as the one who was approved by law to investigate the facts and circumstances of a case
using human aids and has multiple agencies at his disposal to assist him in his investigation. 2 In
Krishna Mochi v State of Bihar,3 the apex court reiterated the need for scientific investigation
and stated that “It is time that the investigating agencies evolve new and scientific investigating
methods, taking aid of rapid scientific development in the field of investigation. It is also the
duty of the State, i.e. Central or State Governments to organise periodical refresher courses for
the investigating officers to keep them abreast of the latest scientific development in the art of
investigation and the march of law so that the real offender would be brought to book and the
innocent would not be exposed to prosecution”

PRESENT DAY SCIENTIFIC EVIDENCE IN INVESTIGATION

To identify individuals, forensic scientists scan DNA regions, or loci, that differ from person to
person and use the data to create a DNA profile of that individual, just as it is essential to look
into the DNA of any organism (sometimes called a DNA fingerprint). For a specific collection of
13 regions, there is a very small chance that another individual has the same DNA profile as
you.4

2
Janet Reno et.al., Crime Scene Investigation, U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE
PROGRAMS NATIONAL INSTITUTE OF JUSTICE, https://www.ojp.gov/pdffiles1/nij/178280.pdf.
3
Krishna Mochi v State of Bihar, AIR 2002 SC 1965.
4
Ankur Mishra, Rrecent trends used in Medical Forensic Science and Indian Law,
http://www.lawyersclubindia.com/articles/RECENT-TRENDS-USED-INMEDICAL-FORENSIC-SCIENCE-
INDIAN-LAW-2701.asp#.VGjEA8mUQ05.
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The strong and contentious study of deoxyribonucleic acid, or DNA, the substance that makes up
most organisms' genetic code, is one of the many modern methods that science has provided for
forensic evidence analysis. DNA analysis, also known as DNA typing or DNA profiling, tests
DNA present in physical evidence including blood, hair, and sperm to see whether it can be
compared to DNA from real people. In criminal courts, DNA analysis has become a popular type
of proof. It's also used in civil litigation, particularly in cases involving paternity or identity
determination.5

In today's world, forensic science is a cutting-edge analytical approach that is used in criminal
and civil investigations, is capable of answering critical questions, and is an integral part of the
criminal justice system. Both the state and federal governments have created labs to support
courts, police departments, private investigators, and individuals during investigations and cross
examinations. During the investigation, the specialist gathers forensic evidence at the crime
scene, and each piece of evidence is so special in its own way that it is important to test and
analyse it independently in order to draw a conclusion. Complex cases often necessitate the
examination and interpretation of evidence gathered by various experts working in the same area.
More than 30 million cases are still pending in Indian courts, with agencies such as the
International Forensic Sciences (IFS) and the Central Forensic Science Laboratory (CBI) being
used as a last resort.6

When the Central Government launched the “Modernization of Police Force” scheme in 1969-
70, the concept of developing the framework of criminal investigation by scientific methods
received a boost. Every State received 75 percent loan and 25 percent grant assistance through
this scheme. There are currently eighteen State Forensic Science Laboratories in operation.
These labs have been found to be insufficient for providing timely and effective service. Many
states, including Tamil Nadu, Maharashtra, Andhra Pradesh, Uttar Pradesh, Gujarat, and others,
responded by establishing Regional Forensic Science Laboratories. Through establishing mobile
laboratories, several states have expanded these services to the district level and to metropolitan

5
Dr. Nirpat Patel, The Role in Criminal investigation- Admissibility in Indian Legal System and future perspective,
INTERNATIONAL JOURNAL OF HUMANITIES AND SOCIAL SCIENCES, www.ijhssi.org.
6
Nivedita Grover, Development of Forensic Science and Criminal Prosecution-India, 4, INTERNATIONAL
JOURNAL OF SCIENTIFIC AND RESEARCH PUBLICATIONS, http://www.ijsrp.org/research-paper-1214/ijsrp-
p3674.pdf.
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areas. As can be seen, for the past two decades, there has been a relentless effort to extend
existing forensic facilities in order to serve and improve the administration of criminal justice.7

PROBLEMS FACED IN SCIENTIFIC INVESTIGATION

If there is a delay in conducting an investigation of the crime scene, the fingerprints, footprints,
and other evidence can be tainted or lost. The smell of the criminals is unlikely to last long on
physical clues, so police dogs could be rendered useless. The degree of improvement is
determined by the amount of time spent maintaining the item as well as its use or misuse. The
object's functional identification in relation to a specific period may be lost over time. 8 Since an
expert analyses what is submitted to him, due care should be taken when gathering and packing
the material for analysis to the expert. The investigation would fail if the item on which the
figure is printed is essentials impaired. Taking close-up images will help you prevent this.

RECOMMENDATIONS OF LAW COMMISSION AND COMMITTEES ON

The Scientific Policy Resolution of India9 adopted by the Government of India on March 4, 1958
clearly stated that the key to notional prosperity, apart from the spirit of the people, lies in
technology which can grow out of the study of science and its application. A nation’s science
policy is a statement of intent of what it stands for and the kind of role it takes upon itself to
promote science for the cause of humanity. The Indian government devised a plan to establish a
nationwide network of forensic science laboratories. Later on, the "Central Non-Plan Scheme for
Police Force Modernization" was implemented. Every year, the Central Government provides
financial assistance to the States for the modernization of their police forces under this
programme. According to the scheme's rules, forensic science institutions in the state will receive
20% of the modernization grant. The funds will be used to construct, expand, and renovate
buildings, as well as buy equipment and other aids to keep up with the world's rapid
technological changes.

7
Dr. Gopal Ji Misra & Dr. C. Damodaran, , PERSPECTIVE PLAN for INDIAN FORENSICS, MINISTRY OF
HOME AFFAIRS (2010), https://www.mha.gov.in/sites/default/files/IFS%282010%29-FinalRpt_0.pdf.
8
B.R. Sharma, Forensic Science in Criminal Investigation and Trials, (Central Law Agency, 1974).
9
Scientific resolution of India, DEPARTMENT OF SCIENCE AND TECHNOLOGY, 1958,
https://www.india.gov.in/information-scientific-policy-resolution-1958-department-science-and-technology.
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REPORT OF NATIONAL POLICE COMMISSION

The National Police Commission constituted by the Government of India under the chairmanship
of Mr. Dharam Vira, former Governor, in their third report (January 1980) recommended the
modernization of forensic science in the country. It also suggested various organizational
improvements in this important component of criminal justice delivery system. The post of Chief
Forensic Scientist was sanctioned during 1983, and the Forensic Science Directorate was created
in BPR&D. The incumbent to the post of Chief Forensic Scientist was assigned the following
roles:10

i. Advise the Director General, BPR&D and the Government of India on matters relating to
forensic science activities.

ii. Function as an adviser on forensic science matters at the national level.

iii. Coordinate the harmonious growth of forensic science in the country.

iv. Training of field police officers for creation of scientific awareness and develop potential for
optimum use of scientific aids in crime investigation.

v. Management of research fellowship scheme in forensic science. vi. Keep liaison with the
universities and scientific institutions in India and abroad.

vii. Organize human resource development programmers on forensic science and technology at
the national level

NINTH FIVE YEAR PLAN FORMULATION

The Planning Commission had constituted a Working Group under the chairmanship of Prof. P
Rama Rao, a distinguished scientist at DRDO and former Secretary, Department of Science and
Technology, Govt. of India in 1996 to formulate action plan with respect to forensic science in
the Ninth Five-Year Plan. The Director General of BPR&D was a member of this Group and the
Chief Forensic Scientist, BPR&D was the Convener. The Working Group after detailed

10
National police commission, Third report, 1980.
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deliberations identified the following front-line areas for focused R&D efforts in BPR&D
laboratories:11

i. Development of indigenous' nuclear and laser devices for detection and determination of age of
ink and paper in Indian context.

ii. Development of computerized image enhancement and processing.

iii. Development of analytical techniques for identification of drugs and poisons.

iv. Development of techniques for determination of time of firing.

v. Development of computerized pattern analysis technique for firearm identification and

vi. Computer frauds and their detection. vii. Computer networking of all FSLs (WAN) for
information exchange

viii. Thermal imaging applications for crime investigation.

ix. Database on DNA and sexing of bio-specimens using DNA probes.

x. Information highways for forensic sciences

xi. Human resource development in forensic science.

CHANGES NEEDED AND SUGGESTED BY THE RESEARCHER

i. A policy regime should be promulgated by the government with express provisions for
admissibility of scientific tools like Narco-analysis, Brain mapping, Polygraph technique, DNA
test, Computer forensics and Electronic surveillance as evidences in the court of law. The
provisions should be so drafted as to provide enough room for future scientific endeavors in
these fields as tools for supporting forensic investigation and criminal prosecution.

ii. If it appeals to the Parliament, a law can be brought forth containing the precise definitions of
all the terms such as scientific evidence, scientific techniques, investigation, scientific expert

Year book, THE NATIONAL ACADEMY OF SCIENCES IN INDIA, 2018, http://www.nasi.nic.in/Year

%20Book%202018.pdf.
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witness, scientific examination, tools of investigations etc. The Act should also contain rules
regarding the use of these scientific and modern techniques specifically for Narco-analysis, Brain
mapping, Polygraph technique, DNA test, Computer forensics and Electronic surveillance so that
all the confusion regarding the use of scientific techniques be put to an end.

iii. The techniques of Narco-analysis, Brain mapping, Polygraph technique, DNA test, Computer
forensics and Electronic surveillance must be construed within the phrase ‘’modern and scientific
techniques’’ in various judicial pronouncements while giving the latter the widest possible
amplitude in interpreting various laws like I.P.C, C.P.C, Cr.PC, Law of Evidence etc. The
findings of Narco-analysis, Brain mapping, Polygraph technique, DNA test, Computer forensics
and Electronic surveillance must be recognized as discovered fact under Section 27 of Indian
Evidence Act, 1861 for further help in the investigation by the law enforcement agencies.

iv. It is the respectful contention of the researcher that the legal ratio pronounced in the landmark
judgment of Selvi v. State of Karnataka242 by the Apex court regarding the admissibility of
scientific evidences like Narco-analysis, Brain mapping and Polygraph technique must be
challenged by the government before a larger bench. This is because the rationale behind the
judgment defies logic as to when the consent is obtained; the use of such techniques becomes
valid while an involuntary application is considered to be invalid despite its utility in
investigation and prosecution

v. A network of standardized well equipped Forensic laboratories should be established at state

vi. A National Forensic Science Authority, a centralized body, should be established comprising
of persons experienced in criminal justice issues as in USA and Japan for controlling the
procedural standards of scientific techniques, ensuring the quality standards of the forensic
laboratories and cater to the training need of criminal justice professionals across the country.
Also a national DNA & Fingerprint databank should be catalogued by this central authority
similar to CODES maintained by Federal Bureau Investigation in USA for speedy criminal
investigation of cases posing threat to national security like terrorism. In pursuance of the above,
a new subsection under Section 53 of Cr.PC244 as Section 53AA should be added by the way of
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amendment so as to make finger printing of the accused compulsory before the medical
examination of the accused.

2. SEPARATION OF INVESTIGATION WING FROM LAW & ORDER

In Prakash Singh & Ors vs Union Of India And Ors, 12 it was stated that there is an absolute need
for separation of investigation wing from law and order and the below para was reproduced for
this purpose

“The investigating police shall be separated from the law and order police to ensure speedier
investigation, better expertise and improved rapport with the people. It must, however, be
ensured that there is full coordination between the two wings. The separation, to start with, may
be effected in towns/urban areas which have a population of ten lakhs or more, and gradually
extended to smaller towns/urban areas also”

PROBLEMS FACED BECAUSE OF A SINGLE WING

The importance of timely and efficient prosecution of offences as a means of achieving the
objective of a speedy trial cannot be underestimated. In the administration of criminal justice,
investigative agencies play a critical role. Crime investigation is a highly specialised procedure
that necessitates a great deal of patience, experience, preparation, and understanding of the legal
status of the relevant crimes and subject matter of investigation, as well as socio-economic
considerations. It is essentially the art of uncovering secret information in order to link disparate
pieces of evidence in order to bring a case to a successful conclusion.13

Police officers often report that their force is understaffed and that they have a lot of work to do.
The demands of law and order, bandobast duties, escorting prisoners to courts, patrol duties,
traffic arrangements, escort to VIPs, and the emergence of new types of substantive offences
have multiplied the work of the police.14 Furthermore, the investigating officer is often called
away on other duties as the investigation is ongoing. As a result, he will be forced to put the
investigation on hold or hand it over to a junior officer. Furthermore, investigating officers are

12
Prakash Singh & Ors vs Union Of India And Ors, (2006) 8 SCC 1.
13
Md. Junaid, Speedy Trial In Criminal Justice System: An Appraisal, ALIGARH MUSLIM UNIVERSITY
ALIGARH (INDIA), 2009, http://ir.amu.ac.in/5435/1/T%207465.pdf.
14
Ibid.
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often transferred without being given the opportunity to complete the investigation at hand.
Including in serious crimes, various police officers in the hierarchy conduct piecemeal
investigations, resulting in inconsistent testimony from witnesses that were investigated and
registered at different times. Such variation would eventually undermine the credibility of
witnesses' testimony when they were called to testify in court. This is a flaw in the
investigational method that the defence takes advantage of.

In its Fourteenth Report, the Law Commission looked at the flaws in the investigative machinery
and procedures that were in place at the time. To increase the efficiency of the inquiry, the
Commission made the following recommendations:15

We think on the whole that there is great force in the suggestion that, as far as practicable, the
investigating agency should be distinct from the police staff assigned to the enforcement of law
and order. We do not, however, suggest absolute separation between the two branches. Even
officers of the police department have taken the view that if an officer is entrusted with
investigation duties, his services should not be required for other work while he is engaged in
investigation. The separation of the investigating machinery may solve some additional cost. We
think, however, that the exclusive attention of the investigating officer is essential to the conduct
of an efficient investigation and the additional cost involved in the implementation of your
proposal is necessary The adoption of such a separation in ensure undivided attention to the
detection of crime it will also provide additional strength to the police establishment which need
an increase in most of the States.

In its Fourth Report, the National Police Commission bemoaned the lack of exclusive and single-
minded commitment shown by police officers in the investigation of crimes due to circumstances
beyond their control. The Commission discovered that an average investigative officer would
devote only 37% of his time to investigational work, while the remainder of his time is taken up
by other duties, based on a sample survey conducted in six states across the country. In light of
this, the Police Commission has stated that an urgent need exists to increase the cadre of

15
Reform of judicial administration, Fourteenth law commission report, LAW COMMISSION OF INDIA
https://lawcommissionofindia.nic.in/1-50/Report14Vol1.pdf.
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investigating officers and to restructure the police hierarchy in order to ensure, among other
things, a large number of officers to conduct investigations.16

RECCOMENDATIONS

During legal workshops held throughout the country, the Law Commission had discussions with
members of the bench and bar, prosecuting agencies, and senior police officers about this topic.
It is widely agreed that serious crimes punishable by a term of seven years or more should often
be investigated by senior officers not lower than the rank of Inspector of Police. For the
following purposes, it is preferable to keep the investigating police apart from the law
enforcement officers:17

To begin with, it would place the investigating police under the judicial protection, significantly
reducing the risk of political or other forms of intervention.

Second, with the prospect of stronger oversight and control by the magistracy and public
prosecutor, as in France, police investigations would be more in line with the law than they are
now, which is also the explanation for prosecution failure in courts.18

Third, effective case investigation would minimize the likelihood of unjustified and unwarranted
convictions and, as a result, a substantial number of acquittals.

Fourth, it would result in a faster investigation, which will result in an achieve efficient of
crimes, since the investigating police will be relieved of all law enforcement, VIP, and other
miscellaneous duties, which not only trigger undue delays in the investigation of cases but also
distract from their effectiveness.

Fifth, separation would improve the investigative police's experience.

Sixth, since the investigating officers will be in plain clothes even when assigned to a police
station, they will be able to establish a good rapport with the public and therefore gain their
cooperation and help in case investigations.
16
National Police commission, Fourth report, 3 (1980).
17
Tenth Meeting of Advisory Council National Mission for Justice Delivery and Legal Reforms, DEPARTMENT
OF LAW AND JUSTICE, 2016, https://doj.gov.in/sites/default/files/Advisory-Council_1.pdf.
18
The Status and Role of Prosecutors, UNODC, https://www.unodc.org/documents/justice-and-prison-
reform/HB_role_and_status_prosecutors_14-05222_Ebook.pdf.
 17

Seventh, since they have not been involved in law enforcement duties involving the use of force
such as tear gas, lathi charges, or firing, they would not incite public outrage and hatred, which
would obstruct police-public cooperation in locating criminals and obtaining information,
assistance, and intelligence that the police have a right to obtain under the provisions of Sections
37 to 44 of the Code.

Every district should have a separate cadre of investigating agers who are supervised by higher
authorities. When an officer of such an agency is assigned to investigate a crime, he should
remain in charge of the case until the trial is completed. He should assume responsibility for
witness production, accused production, and assisting the prosecution agency. As the Law
Commission's Fourteenth Report points out, there is no need for complete separation between the
two divisions. Effective investigation necessitates the instillation of a scientific work culture in
the police force. For effective investigation of traditional and modern forms of organised crime,
new technology such as computers, photography, videography, and new methods of interrogation
technology, new surveillance gadgets, and highly sophisticated search equipment, among other
things, are needed. Rapid advances in research and technology have had a significant impact on
forensic investigations as well as criminal tactics for leaving no signs or evidence at the crime
scene. However, the average police officer still relies on conventional techniques of recording
witness testimony or obtaining confessions from suspects to complete the investigation process.
Lack of knowledge and understanding about the scientific technologies available to him for
crime detection may explain his strong reliance on these conventional methods. 19 This problem
could be solved by establishing scientific facilities and offering frequent in-service training at
regular intervals. As a result, systematised training in scientific methods of investigation for
investigating officers is critical. As a result, systematised instruction in scientific methods of
investigation for investigating officers is critical. Experts must determine the nature of training
and the details of it. Furthermore, a separate investigative agency is needed immediately. The
organisation of a separate investigative entity is a matter of detail that can be considered by the
relevant agencies. Separate investigative agencies directly under the jurisdiction of a specified
Superintendent of Police should be established such that police officers charged with the
investigation of grave crimes are separate and distinct from those entrusted with the regulation of
law and order and other miscellaneous duties. In order to conduct successful investigations, the
19
Supra note 16.
 18

investigative police force's leadership should have proper training and incentives. So the
proposal here is that different state governments' respective Law and Home Departments
hammer out details to improve their working conditions.

3. POLITICAL INTERFERENCE IN POLICE INVESTIGATION

PRE-INDEPENDENCE POSITION

Prior to Independence, the police served as a de jure and de facto subordinate to the executive
branch, always willing to carry out the executive's orders ruthlessly, even though they were not
always in the public's best interests. Despite the fact that the British regime adopted the principle
of "rule of law," the overarching goal of law enforcement was to protect the British Crown and
maintain British rule. With their focus on order and unquestioning compliance, the military
strands of the organisation made it possible for the government to use or abuse the police as they
saw appropriate.20

POST-INDEPENCE POSITION

In 1947, the police began their new position in independent India, following a long tradition of
law enforcement subject to executive will under British rule. The foreign power was replaced by
a political party that emerged from our Constitution's democratic process. Because of the
corrective influences brought to bear on the administrative system by the enlightened political
leadership, things went well for a while without any notice of shift. However, as the years
passed, there was a qualitative shift in the political style. 21 The fervour of the freedom
movement, as well as the concept of sacrifice that it implied, soon faded, giving way to new
styles and norms of behaviour among politicians for whom politics had become a profession in
and of itself. Over 30 years of one-party rule at the national level and in the states, combined
with the inherent tendency of ruling party members to stay in power, culminated in the
establishment of a symbiotic relationship between politicians and the civil service. On both sides,
vested interests developed. What began as a natural relationship between politicians and
government agencies with the stated goal of better governance and greater understanding of
public sentiments and desires quickly devolved into various types of intercession, involvement,
20
Chapter Xv, Interference with and misuse of Police by illegal or improper orders or pressure from political,
executive or other extraneous sources-remedial measures, NATIONAL POLICE COMMISSION, 1980, 30.
21
Id at 31.
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and interference with mala fide goals unrelated to the public interest. Every person's participation
in political activity attracts anti-social elements who use their access to politicians to obtain
immunity from potential police action. When it comes to prostitution, gambling, smuggling,
black-marketing, hoarding, adulteration, prohibition, and other social and economic enactments,
the nexus between unscrupulous politicians and certain anti-social elements» has an especially
negative impact on the implementation of social and economic enactments. The arrest and
enlargement on bail of people accused of such crimes, as well as their subsequent trial in court,
draw political attention. This also leads to the establishment of a kind of bond between elected
officials and the Station House Officer in the day-to-day operations of the police station, in
which the local Dadas are often involved. This connection encourages the practise of corruption
and other malpractices by police officers and politicians working together.22

A study conducted by the Indian Institute of Public Opinion, New Delhi, at the request of the
Ministry of Home Affairs in September-December 1978 on the "Image of the Police in India"
revealed the level of political involvement with police as viewed by the public. A total of 4,000
people were interviewed for the report, with 1,000 from each of the districts of Ballia (Uttar
Pradesh), Ramanathapuram (Tamil Nadu), and Ranchi (Bihar), as well as Delhi. The following
findings are supported by the statistical tables of this study:23:-

(i) The public considers political interference with police to be a greater evil than even
corruption; (ii) Political interference with police appears to be more pronounced in rural areas
than in urban areas; and

EXAMPLES OF THESE POLITICAL INTERFERENCES IN INVESTIGATION

The following are several examples of circumstances or issues in which political, executive, or
other external sources exert pressure on the police:24

(i) The arrest or non-arrest of a person who is the subject of a police investigation.

22
Police Corruption in India, 6, INTERNATIONAL JOURNAL OF CRIMINOLOGY AND SOCIOLOGICAL
THEORY, 2013, 228-234.
23
Research studies on police and prison issues, 79, BUREAU OF POLICE RESEARCH & DEVELOPMENT,
2010, https://bprd.nic.in/WriteReadData/userfiles/file/201607260311159464067CompendiumofResearchStudies-
Projects[1970-2009].pdf.
24
Supra note 20.
 20

(ii) Forcible handcuffing of a person in police custody solely for the purpose of humiliating him.

(iii) Bail release or refusal after detention.

(iv) The suppression of material evidence discovered during police searches.

(v) Inclusion or exclusion from the chargesheet filed in court after the investigation is completed.

(vi) Placing or not placing police officers in an area where trouble is suspected in order to
generate a favourable outcome for one group or the other.

(vii) Taking people into preventive detention in order to keep them from engaging in lawful
political action that is opposed to the ruling party.

(viii) Assaulting elected officials with false criminal charges in order to achieve political goals.

(ix) Discretionary law enforcement in public order cases, with a focus on severity and
ruthlessness in dealing with opponents of the governing party.

(x) Manipulating police interference by exaggerating a non-cognizable offence or fabricating a

(xi) Preparation of malicious and tendentious intelligence reports in order to make it easier to
take action against an opponent.

THE CHANGES NEEDED TO PREVENT THIS INFERENCE

A State Security Commission should be established by law in each state to assist the state
government in carrying out their supervising role in an open and transparent manner within the
scope of the law. The State Security Commission should:

• Provide policy guidelines and directions for the performance of preventive tasks and
service-oriented functions by the police;
• Evaluate the State Police's performance annually and report to the State Legislature;
• Act as a forum of appeal for officers' complaints about being subjected to unlawful orders
and promotions; and
 21

• Conduct a general review of the state's police force.

STATUTORY TENURE OF SERVICE:

A fixed term of office for the chief of police should be guaranteed. The term of employment may
be for four years or until retirement, whichever comes first. The State Security Commission
should have to approve the dismissal of the chief of police before the end of his term.25

SELECTION OF CHIEF OF POLICE:

A panel of three IPS officers from that state cadre should be chosen to lead the police force. A
committee led by the Chairman of the Union Public Service Commission should plan the panel.26

TRANSFER/SUSPENSION ORDERS:

Police officers should be well-protected from arbitrary and bogus transfer suspension orders. The
Police Act should provide a clause identifying the authorities authorised to issue such orders for
various ranks. Any such orders issued by a body other than the ones mentioned in the Act would
be null and void.

CONCLUSION

After reading about some of the reforms and studies, it is clear that none of the committees'
recommendations have been taken seriously, and that there has been no or very little
improvement in the conditions of India's police. While society has changed dramatically in terms
of economics and politics, the Indian police system has remained virtually unchanged. Steps
should be taken to replace, improve, and modernise the Indian Police Act, which has existed in
its current form since the British rule. Instead of redistributing existing resources, new ones
should be allocated to bring about this transition. Current laws and procedures, such as the
Criminal Procedure Code, the Indian Penal Code, and the Indian Evidence Act, should be
25
Prakash Singh v. Union of India An analysis of Police Reforms, NATIONAL UNIVERSITY OF JURIDICAL
SCIENCES, 1, https://www.supremecourtcases.com/index2.php?
option=com_content&itemid=135&do_pdf=1&id=21218#:~:text=On%2022%2D9%2D2006%2C,to%20kick
%2Dstart%20police%20reform.&text=Directions%20of%20the%20Supreme%20Court%20in%20Prakash
%20Singh%20v.
26
Police Reform- Too Important to Neglect and too Urgent to Delay, WORKSHOP FOR THE MEDIA ON
POLICE REFORMS,
https://www.humanrightsinitiative.org/programs/aj/police/india/workshops/media_on_police_reforms.pdf.
 22

revisited and any relevant changes made. Efforts should be made to remove political influence
from the police system and to make the police an autonomous agency. Via meetings to address
public issues, etc., steps should be taken to improve good ties between the police and the public.
Also, the working conditions of police officers should be improved, including proper training,
reducing hours of work, and salaries, providing housing and educational opportunities for police
officers' children, and conducting stress-busting and morale-boosting sessions for officers so that
they can work in a stress-free environment with no frustrations. This would boost their public
image and have correct investigative outcomes, resulting in a peaceful society founded on
cooperation and understanding. As a result, it is past time for India to implement a modern police
structure that ensures greater transparency, efficiency, and a focus on public service.