101 Things You Wanted To Know About The Police But Were Too Afraid To Ask
- Part 2 -

Commonwealth Human Rights Initiative *

"Manipur Police Raising Day Parade at 1st Bn on October 19 2011 :: Pix by Bullu Raj

26. Why should the chief of police have to report to the minister?
Every government has a duty to make sure that each one of us feels safe and secure and does not have to worry about his life or his loved ones or his property. The government gives this duty to the police. So, the police have to report to the government about how they are doing their job. In turn, the government also has a duty to the public to make sure that the police are honest, fair and efficient and do their work only according to the law and not according to what they feel they want to do.

27. Who gives money for policing?
The police are paid by the tax-payer to provide a service. Salaries come out of the state government budget and the budget of the central government. But in the end, it all comes from the pocket of the tax-payer.

28. Where does the police get its money from?
Every state has a budget that is allocated exclusively for providing police services. The police get the money from this budget.

29. Who approves the budget and what is most of it spent on?
The budget is decided by the state legislature. In the case of the Union Territories the budget is approved by Parliament. The first draft is prepared by the DG of the administrative section. This draft is then sent to the DGP for approval. From there it goes to the home department. Then the finance ministry approves it and sends it for Cabinet approval as part of the state budget and then it goes to the legislature for discussion.

After discussion in the legislature, the police budget for the year is finally approved. In the state budget the biggest portion of all money given for policing is spent on salaries. Other items of expenditure are on training, investigation, infrastructure, housing, etc.

30. How do we know that the money the police get is properly spent?
There is an annual audit of accounts and monies spent by the police conducted by the Comptroller and Auditor General (CAG). These accounts are submitted to Parliament and state legislatures. Once examined, they are available on the website of the home/police department or in the Parliament library. You can also use the Right to Information Act to ask for annual police spending. Since policing is done using tax-payer's money which means your money, you should take an interest to ensure that this money is properly spent.

31. What laws govern the police?
The police act of 1861 governs the police in most states. A few states have their own police act. But all police acts are modelled on that old law. Very recently some states have revised their acts and created new police laws. There are also other criminal laws like the CrPC and the IPC as well as local laws which govern the work and functioning of the police.

32. What is the CrPC and the IPC?
The CrPC is short for Code of Criminal Procedure. When a crime is committed, there are always two procedures which the police have to follow to investigate the offence. One from the victim's and the other from the accused's. These procedures are detailed in the CrPC. IPC is short for Indian Penal Code. Certain types of human behaviour are not allowed by the law and such type of behaviour will get the person some negative consequences. Such types of behaviour are called "crimes" or "offences" and the consequences of which are called "punishment". The behaviour and actions, which are termed as offences, along with the punishment for each offence are mainly contained in the IPC.

33. What does a Police Act say?
Police acts usually talk about what the police can and cannot do; how the police force will be organised; what ranks there will be; who will supervise the force; who will make appointments; what punishment and disciplinary actions the police will face for doing wrong. It also lays down some rules for the public to follow.

34. Why does the Police Act have offences by the public in it?
These few offences are put in to make sure that everyone keeps roads and public spaces clean, uncluttered, safe, decent and free from disease. For instance, the police can immediately arrest a person for letting animals roam around on the road, slaughtering them, or being cruel to them. People who obstruct the road, dirty it, put goods out for sale on the road without a licence, are indecent, drunk or riotous, or neglect to make sure that dangerous places like wells were kept safe by fencing, etc can also be arrested immediately.

35. What does 'rule of law' mean?
It means that we, all of us, high or low, rich or poor, man or woman, even the government and public servants like the police, have to obey the law and must live according to the laws that are laid down in our country under our Constitution. No one is above the law. It also means that every action by the police has to be according to the law and, if not, the police will be accountable before the law. It also means that the laws that are made must be reasonable, just and apply to all of us in a fair way.

36. Can a police officer be punished if he has done wrong?
Yes. A police officer just like anyone else can be punished if he breaks the law. In fact, because he is a person entrusted with upholding the law he should be punished more severely for breaking it.

37. How is a police officer punished?
There are many means of punishing a police officer who has done wrong. If he has committed a crime then he can be brought before the courts and tried just like anyone else. If he has been rude, behaved badly or not done his duty as he should, then his senior officers can punish him by giving him a warning, or even cutting his pay, reducing his rank, suspending and transferring him.

38. Police officers do dangerous work. Are they insured?
Yes, police officers are insured. All police personnel have to pay towards their group insurance cover. This is taken from their salary. Families of police officers, who die in the line of duty, are also paid an ex-gratia lump sum. Police officers do work in dangerous environments. Many get killed or wounded; in fact on an average over 800 police officers have been killed in the line of duty this year. The last decade was worse with the average standing at over 1,000 per year. Most of those who die on duty are Constables.

39. Does a police officer have to obey any and all orders given to him by his senior or by any other person who is competent to give that order like a district collector or Minister?
No. A police officer must obey orders only when they are lawful. He will be held responsible for anything wrong he does even if he has been ordered to do it. He can never excuse his behaviour by saying that someone in authority told him to do something which was wrong and unlawful. That will not protect him.

40. Is a police officer always on duty?
Yes. The 1861 Police Act makes it clear that a police officer is "considered to be always on duty". But that does not mean that he is never allowed to rest. It just means that wherever he is, in or out of uniform, he must act to uphold the law. He cannot say "I am not on duty" if he witnesses a crime taking place or hears a call for help.

41. Can I hire a police officer for my own security?
Actually, you can, if there is a grave threat to you. Sometimes the State will arrange security; sometimes the security has to be paid for by you. According to the Police Act if you need extra police persons deployed to an area and the authorities agree to it you can pay for the additional police arrangements for a limited period of time. So, for example, for a large marriage or private occasion the police may agree to provide a few extra hands in that area at your cost. But if an area is crime prone or there is a public rally or event taking place, it would be the duty of the police to provide extra people and no question of payment would arise.

42. Are the police automatically allowed to take free rides on public transport or take things from the market people without paying?
In some places police officers are given passes to take rides on public transport and that too when they are on duty. But otherwise no police officer is allowed to take free rides. Likewise for market places; no police officer is allowed to take goods from a market stall just because he is a police officer. Like all citizens he too has to pay for his purchases.

43. Do I have to listen to every order of the police officer?
Yes, if it is a lawful order that is related to his duties. In fact, everyone has a duty to assist a police officer in doing his duty; especially if the police officer is trying to stop a fight or prevent a crime or trying to stop someone from escaping his custody. In fact, if you have information about a crime it is your duty to pass that information on to the police. It is also a duty not to shelter or harbour any proclaimed offender. You also have a duty to give evidence in a court of law if you know or have seen something in a case.

44. Do I have to go with a police officer if he asks me to come with him somewhere?
No. However, if the police officer is asking you to come along to be a witness to something he is doing as part of his duty, like arresting a person, seizing property, or examining a crime scene, then you must go along and help. Traditionally, that is called being a pancha—a person who can tell the court independently what he saw at that moment.

45. Suppose a police officer asks me to come to the police station, do I have to go?
No. It is good to cooperate with the police but it is not necessary to go to the station unless the police officer is formally arresting you. Otherwise, if he just wants to question you or is making inquiries about a crime he has to summon you in writing. Until that is done you cannot be forced to go to the station. Where any woman is concerned or a child below 15 is involved, the police can question them only in their homes.

46. Do I have to answer all the questions the police officer asks?
Yes. It is always better to answer questions honestly in a straightforward manner and inform the police of any facts you may know. If you do not know something, then the police officer cannot force you to make any statement, or put words in your mouth. It is always better to make sure that someone else is there with you when you are being questioned.

47. Does the police officer have a duty to help me when I am in distress?
Yes. In 1985, guidelines for the code of conduct for the police were issued by the Ministry of Home Affairs and communicated to all chief secretaries of all States/Union Territories and heads of central police organisations. This requires the police to give any assistance to all without regard to wealth and social standing. According to the code their general duty to provide security to all without fear or favour includes keeping the welfare of people in mind, being sympathetic and considerate toward them, being ready to offer individual service and friendship.

48. Can I ask the police to help me out with family problems?
It depends on the problem. If what is happening is a crime like violence in the family, badly beating a woman or a child, or incest, or trespass, of course the police must help you and cannot turn you away and say it is a private affair. But if adult children are disobedient, say they run away to get married, then it is no business of the police to chase after them or force them to return. That is purely a family matter

49. If a police officer will not help or there is no police officer around, can the public catch a thief or wrongdoer and punish him there and then?
Yes and no. You can make what is called a "citizen's arrest" and catch the wrongdoer and take him to the nearest police station. That is all. But you cannot beat up the wrong-doer or join a crowd that is doing that. Members of the public only have a right to act to protect themselves which is called the right to defence but that too has to be reasonably used. It cannot turn into a one-sided beating or horrible humiliation and a police officer who allows that or joins in is likely to face disciplinary or criminal charges.

50. What can I do if the police officer does not help me?
Wilful breach or neglect of duty by a police officer is punishable with imprisonment. If the police officer is not helpful and you have been harmed, then you can complain about it to his senior. In such a case he may be found guilty for dereliction of duty.

To be continued...

CHRI Programmes
CHRI’s work is based on the belief that for human rights, genuine democracy and development to become a reality in people’s lives, there must be high standards and functional mechanisms for accountability and participation within the Commonwealth and its member countries. Accordingly, in addition to a broad human rights advocacy programme, CHRI advocates access to information and access to justice. It does this through research, publications, workshops, information dissemination and advocacy.

Human Rights Advocacy:
CHRI makes regular submissions to official Commonwealth bodies and member governments. From time to time CHRI conducts fact-finding missions and since 1995, has sent missions to Nigeria, Zambia, Fiji Islands and Sierra Leone. CHRI also coordinates the Commonwealth Human Rights Network, which brings together diverse groups to build their collective power to advocate for human rights.

CHRI’s Media Unit also ensures that human rights issues are in the public consciousness.

Access to Information:
CHRI catalyses civil society and governments to take action, acts as a hub of technical expertise in support of strong legislation, and assists partners with implementation of good practice. CHRI works collaboratively with local groups and officials, building government and civil society capacity as well as advocating with policy-makers.

CHRI is active in South Asia, most recently supporting the successful campaign for a national law in India; provides legal drafting support and inputs in Africa; and in the Pacific, works with regional and national organisations to catalyse interest in access legislation.

Access to Justice:
Police Reforms: In too many countries the police are seen as oppressive instruments of state rather than as protectors of citizens’ rights, leading to widespread rights violations and denial of justice.

CHRI promotes systemic reform so that police act as upholders of the rule of law rather than as instruments of the current regime. In India, CHRI’s programme aims at mobilising public support for police reform. In East Africa and Ghana, CHRI is examining police accountability issues and political interference.

Prison Reforms: CHRI’s work is focused on increasing transparency of a traditionally closed system and exposing malpractice. A major area is focused on highlighting failures of the legal system that result in terrible overcrowding and unconscionably long pre-trial detention and prison overstays, and engaging in interventions to ease this. Another area of concentration is aimed at reviving the prison oversight systems that have completely failed. We believe that attention to these areas will bring improvements to the administration of prisons as well as have a knock-on effect on the administration of justice overall.