Reforms in the Police Forces

The Indian police force or the police system is an organization that is absolute in its institution. Thus it has been a big challenge to bring in a long-lasting and meaningful reforms in the system. This chapter discusses various reforms and recommendations by a number of committees set up in order to reform the Indian police system. There have been many high-level committees established, headed by eminent jurists, reformers, bureaucrats, and so on, to bring reforms in the system.

Narco-analysis

This chapter mainly focuses on the use of narco-analysis tests on accused/suspects during the investigation and its legality in the country. Although tests like narco-analysis do not have any legal validity, as the responses or confessions from a semi-conscious person are not admissible in court, these tests are still undertaken by the police during investigations. The tests are not 100 per cent accurate. The chapter discusses about the process of the narco-analysis test and discusses its legality under the provisions of the Constitution of India and various other legislations enforced in India, such as the Code of Criminal Procedure, 1973 (CrPC) and Indian Evidence Act, 1872. Further, it critically assesses the narco-analysis test in terms of its adverse effects on one’s health, the accuracy of the test, violation of rights, and mental torture. The narco-analysis test may be a useful and viable tool for investigation and to find information in a potential case rather than using third-degree or custodial violence by the police, but it should also not violate the right of the accused as guaranteed by the Constitution.

Policing in India and the Status of Human Rights

This chapter deals with the policing system in India, the police acts and various other related acts enforced in the country, and the status of human rights of the accused or the person in detention. There have been frequent incidents of violation of human rights and complaints against the use of torture, third-degree methods, illegal detention, custodial deaths, assaults, and fake encounters, which have been reported by the media. There are numerous instances of reported custodial crimes and terrible cases of the use of third-degree methods, harassment, and misuse of power, position, and authority. This chapter discusses such serious violations of human rights of the accused and imprisoned by way of arrest, third-degree methods, unwarranted summoning of people/suspects to the police station, and various other custodial crimes. The chapter also discusses the provision of bail in non-bailable offences and handcuffing in the country. It highlights the role of the National Human Rights Commission and its relation with the police system and upholding of human rights.

Police in India

The chapter deals with the organizational structure of the Indian police force as per the provisions laid down in the Indian Police Act, 1861. It discusses in detail about the structure and hierarchy of the police system in every state and metropolitan city. The chapter also highlights the major functions of the police in maintaining law and order in states/cities. The chapter further delves into various other acts and their amendments, which govern the Indian police system and other security agencies.

Community Policing

Community policing is often referred to as neighbourhood policing, and this has been one of the major reforms in the police system. In this chapter, various community policing initiatives and reforms undertaken by the police in various states of India have been discussed. By such experiences through different schemes, it has been proved that community policing is of utmost importance, and it is advantageous towards having a smooth functioning of society in particular and the government in general.

Crisis in the Indian Police System

This chapter discusses the situation and conditions of the police force of the country and the crisis it faces while administering and maintaining law and order. It also discusses and gives an overview of the politicization of the police force, how it is misused by people in power and public servants of the state, and the accountability of the police towards its citizens in protecting them and their fundamental rights.

Response of India towards Torture and Custodial Violence

The chapter deals with the legal framework in India against torture and custodial violence and the response and role of the Indian police force in such crimes. It also gives statistical data on violence taking place in the country at the hands of the police and armed forces. It provides a summary of the report of the United Nations Special Rapporteur on arbitrary and extra-judicial executions. The chapter also discusses the right to protection against torture and the views and verdicts of the Supreme Court of India, and highlights the role of statutory bodies and commissions such as the Law Commission of India and the National Police Commission in preventing torture and custodial violence. Therefore, this chapter has reference to several laws of the country and the Constitution of India and its provisions, and it cites some cases and Supreme Court rulings for preventing torture and custodial violence, which provides India’s response towards the prevention of torture and custodial violence and protecting victims as well as every citizen from such crimes.

International Legal Framework in Prohibition of Torture and Custodial Violence

The focus of this chapter is on the various international legal frameworks and regional instruments, which include all major international conventions and regional organizations that work towards preventing any kind of torture and violations of the human rights of individuals, including people in detention. The chapter looks at the provisions of these international legal frameworks in preventing torture of those under detention or accused of any offence and upholding their rights as per law. It provides a detailed overview of various conventions that have been enforced to prevent torture and enforced detention in any form across the world.