MODEL POLICE ACT, 2006

- A Presentation by Dr. UNB Rao*

POLICE ACT , 1861

• In the wake of First War of Independence (Sepoy Mutiny)
• Earlier ‘Jamindari’ Police Systems
• Degenerated and highly Ruler supportive
• British introduced Irish Model
• Oppressive and regimental

PREAMBLE FOR 1861 ACT

• Whereas it is expedient to
• reorganize the police and to
• make it a more efficient for
• the prevention and
• detection of crime
• Extremely limited role?

PROVISIONS OF 1861 ACT

• 47 Sections (6 Secs. were soon repealed)
• Superintendence and Administration : enmeshed and unclear
• SP( who were generally from Armed Forces) to function under the general power and control of the DM
• Mostly procedural – police always on duty
• Levying cost on inhabitants in disturbed areas!

POLICE COMMISSION,1901-03

• Observed that ‘there can be no doubt that the Police force through out the country was in a most unsatisfactory condition, that abuses were common everywhere, that this involved great injury to the people and discredit to the Government, and that radical reforms were urgently necessary’

COMMENT ON INDIAN POLICE

• In India, a dual system of Criminal Justice has grown- the one of the Law and the other of Politics.
• With respect at least to the police, decisions made by the police officials about the application of law are frequently subject to partisan review or direction by the elected representatives

- Prof. David H. Bailey.

STATUS OF POLICING

• Lack or bad policing led to newer forms of crime 1960s..Naxalism..Naxalbari – Srikakulam
• 1980s .. Telangana and all over ..
• 2000s.. 300 districts of India!
• Veerappans..Ayodhya demolition..Gujarat riots, nithari killings..white collar crimes
• Burking of crime ..serious manipu. of statistics ** Police Subculture !!??

COMMISSIONS/COMMITTEES

• 1959-71 : Ten State Commissions (Kerala,WB,Bihar,Punjab,Maharastra, MP, Delhi, Assam and Tamilnadu)
• 1984 : Andhra Pradesh Headed by 3..ICS; 3..Retd Judges; 2..IP/IPS; 1..MP+Judg 1..Senior Advocate
• National Level Commissions/ Committees
• National Police Commission, 1977 - 81
• Ribeiro Committee(as directed by the Supreme Court), 1998
• Padmanabhaiah Committee(for structural changes in police), 2000
• Malimath Committee on Reforms in Criminal Justice System, 2001
• MHA’s Review Committee(to cull out 49 vital recs. from ), earlier commissions), 2004
• Sorabjee Committee (to draft a new Police Act),2005-06 (addressed to 38 out of 49 Recs.)
• Menon Committee,2006 (Policy on CJS)

POLICE ACT DRAFTING COMMITTEE

• October 2005 to October 2006 (13 months)
• Headed by Sh. Soli Sorabjee
• 2 legal luminaries,4 IAS,3 IPS,One expert from Civil Society
• 40 sittings, wide range of discussions and more than 1100 inputs from outside
• A comprehensive Act with16 Chapters and 221 Sections

PREAMBLE FOR THE MPA,2006

WHEREAS respect for and promotion of the human rights of the people, and protection of their civil, political, social, economic and cultural rights… ………..

AND WHEREAS it is expedient to redefine the role of the police, its duties and responsibilities, …. and respect for human rights; ………

AND WHEREAS it is essential to appropriately empower the police to enable it to function as an efficient, effective, people-friendly and responsive agency;

SALIENT FEATURES OF MPA,2006

• ‘Police’ is to be known as a ‘Service’, not as a ‘Force’
• Ensuring functional autonomy for police. - Creation of a State Police Board (instead of State Security Commission): A Recommendatory Body; - Merit based selection of DGP: panel prepared by State Police Board, not UPSC - 2 year tenure for DGP, and other imp. functionaries (Zonal IGP, Range DIG, Dist. SP, and SHOs) : Tenure of DGP and others may be curtailed in specific circumstances, and exigencies
• Defining Superintendence vis-à-vis Administration.
• Superintendence vests in the State Government : policies and guidelines
• Administration vests in Police Chief
• Proviso for Government may intervene in Admn . Powers of Police Chief as per rules and in exceptional circumstances to be recorded
• District Magistrate functions in accordance with provisions of Cr P C and plays coordination role ,especially in crucial situations like natural calamities, elections, atrocities against SC ST/Women/Children, etc

PROMOTING PROFESSIONALISM

• Civil Police Officers vis-à-vis Armed Police Constabulary : Civilian Police to be better qualified and trained; better prospects
• Dedicated staff for Crime Investigation – periodical rotation between L&O duties and IOs;
• Stepping up Training facilities and linking up to posting/promotion
• Research and Development
• Providing Legal and Financial Advisers
• Forensic and scientific support for Investigation and other policing tasks
• Urban/Metropolitan Policing : Commissioner of Police System (ten lakh plus); other areas as notified
• Rural Policing- Village Guards, Village Defense Parties, Community Liaison Groups
• Village Guard on salary and deemed a public servant

ACCOUNTABILITY MADE PARAMOUNT

• Norms set for Performance Evaluation (other than usual statistical)
• Police Accountability (Public Complaint) Authorities at State and District levels
• Distinguishing ‘serious misconduct’ vis-à-vis ‘misconduct’
• Non registration of an FIR is made an offence against police

WELFARE AND GRIEVANCE REDRESSAL

• State Welfare Bureau, incl. public participation; also to take care of post retirement scenario
• Insurance cover to all right from the day of joining service
• Specifying working hours – 8 hrs, maximum 12 hrs a day
• Forum for redressing individual and collective grievances

INTERNAL SECURITY AND PUBLIC ORDER

• Special Security Zones for extremist areas, to provide with adequate infrastructure and command structures
• Contiguous areas falling in more than one State – Central support and notification with concurrence of relevant States
• Responsibilities of public spelt out
• TOO DETAILED !?
• Details and elaborations given to be made self explanatory and to indicate rationale behind those provisions
• Parts are expected to be shifted to Rules and Manual , to be drafted
• Supreme Court perused the Model Act at draft stage and just prior to their Judgment dtd 22nd Sep 2007

NEW AREAS COVERED IN MPA

• Setting up of a State Police Board
• Selection procedure and minimum tenure of DGP
• Security of tenure of key functionaries
• Establishment committee
• Separation of crime investigation from Law & Order
• Performance evaluation
• Police accountability commission and District Accountability authorities
• Improved service conditions
• Special Security Zones

STATE-WISE ENACTMENT OF NEW POLICE ACTS (AS ON 3RD JULY 2009)

Passed new Police Bills

- Haryana Mar. 21, 2007

- Bihar Mar. 21, 2007

- Tripura Mar. 21, 2007

- Chattishgarh July 20, 2007

- Gujarat July 20, 2007

Bombay Police Act (Gujarat amendment)

- Assam Aug. 08, 2007

- Himachal Pradesh Aug. 28, 2007

- Kerala (Amendment) Sep. 19, 2007

- Rajasthan Sep. 21, 2007

- Uttarakhand Jan. 04, 2008

- Tamil Nadu May 14, 2008

- Sikkim Aug. 04, 2008

CONTENTIOUS ISSUES

• Reluctance of Political Executive to implement reforms due to an apprehension that reforms might weaken their control over the police
• Composition and Role of State Security Commission.
• Control of District Magistrate over the District Police (Bihar Police Act was opposed by the State police, while draft police acts of AP and some other States are reportedly kept pending due to disagreement on this issue).
• Commissionerate of Police system in notified cities.
• Empowerment of Civil constabulary, by distinguishing them from Armed constabulary.

EPILOGUE

• Reforms are evolutionary and continuing processes
• One may not be able to bring in all reforms at a time
• Process is to start as suited to individual States.. rather than arguing and resenting
• States are to perform so that Federal Structure progresses..

*Dr. UNB Rao, IPS (Retd) was Secretary of the Police Act Drafting Committee